AASHTO: American association of state highway and transportation officials.
ABUTTING: Lying immediately next to, sharing a common wall or lot line, or separated by only a public roadway.
ACCESSORY BUILDING/STRUCTURE AND USE: A subordinate building, not attached to the main structure, and located on the same lot as the main building, the use of which is naturally and normally incidental to that of the dominant use of the main building or land. An "accessory use" is one which is naturally and normally incidental to the main use of the premises. Exhibit 2-1 provides examples.
ACTIVITY CENTER: A focal point within the context of a larger, contiguous area surrounding it. It is an area of concentrated activity that attracts people from outside its boundaries for purposes of interaction within that area.
ADEQUATE PUBLIC FACILITIES: Facilities determined to be capable of supporting and servicing the physical area and designated intensity of the proposed improvement as determined by the city council based upon specific levels of service adopted by the city. (See chapter 9 of this title.)
ADJACENT: Abutting or located within one hundred feet (100') of the property from which adjacency is determined, exclusive of land within the public rights of way or easements.
ADULT ORIENTED BUSINESS: See chapter 12 of this title.
ADVERTISING DEVICES: Banners or streamers affixed to poles, wires or ropes; wind operated devices; flashing lights and other similar contrivances.
ADVERTISING SIGNS: Signs pertaining to the name of the establishment, or to products and services sold or offered on or off the premises.
AGRICULTURE: Agricultural purposes include, without limitation, the art or science of cultivating the ground, including harvesting of crops, grains and seed crops; the science and art of growing, developing, processing, conditioning, or selling of hybrid seed corn, seed beans, seed oats, and other farm seeds; tillage; husbandry; farming, production, keeping, or maintenance of plants and animals useful to man, including, but not limited to, forages and sod crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, goats, bees or any mutations or hybrids thereof, including the breeding, feeding and grazing of any or all such animals; bees and apiary products; furbearing animals; trees and forest products; fruits of all kinds, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program including, to a variable extent, the preparation of these products for human use.
AIRPORT: A place where airplanes can take off and land, usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers.
ALIQUOT: A fractional part of a section within the United States public land survey system. Only the fractional parts one-half, one-quarter, one-half of one-quarter, or one-quarter of one- quarter shall be considered an "aliquot" part of a section.
ALLEY: A public right of way designed to serve as a secondary access to the side or rear of those properties whose principal frontage is on a street.
AMUSEMENT PARK: A facility, primarily outdoors, that may include structures and buildings, where there are various devices for entertainment including rides, booths for the conduct of games or sale of items, buildings for shows and entertainment, restaurants and souvenir sales.
APARTMENT: A room or suite of rooms contained in a multiple dwelling structure intended, designed or used as a residence by a single family.
APPLICANT OR DEVELOPER: A person who files an application for any permit or approval for development required by this title.
AREA, GROSS: The entire area within the boundary lines of the property proposed for subdivision/development, including any areas to be dedicated/reserved for street and alley rights of way and for public uses.
ARTERIAL STREET, MAJOR: A highway or public roadway so designated on the adopted street plan for the purpose of expediting the movement of through traffic to major traffic generators and from community to community.
ARTERIAL STREET, MINOR: A continuous street, so designated on the adopted street plan, that is intended to carry high volumes of traffic through the community.
ASSISTED LIVING FACILITY: Residences, for the frail elderly or for the sheltered care of persons with special needs, that provide rooms, meals, personal care and supervision of self- administered medication. Facilities may provide a combination of services such as recreational activities, financial services, social and personal counseling and transportation.
AUTOMOBILE REPAIR SHOP: Any premises used to equip, service or repair cars and light trucks, including the rebuilding, replacing and the installing of motors, transmissions, drive trains, exhaust systems, upholstery, brakes and radiators, but not including the dismantling or extended storage of wrecked vehicles or tire recapping establishments.
BASEMENT: A story, partly underground, and having at least one- half (1/2) of its height above the average level of the adjoining ground as shown in exhibit 2-2. A "basement" shall be counted as a story if subdivided and used for dwelling or business purposes, other than for the quarters of a watchman or janitor.
BED AND BREAKFAST ESTABLISHMENT 1 : A bed and breakfast (or B&B) establishment is a small lodging establishment that offers overnight accommodation and breakfast. Bed and breakfast establishments are private homes with five (5) or fewer guestrooms. Bed and breakfast establishments are classified as either: a) bed and breakfast home or b) bed and breakfast inn and as further defined in 50 Illinois Compiled Statutes 820/1 et seq.
BERM: A mound of earth or the act of pushing earth into a mound; also used as a verb to describe the act of building a mound of earth for screening or a landscape buffer. Exhibit 2-3 of this definition depicts a "berm".
BIG BOX STORES: A classification of land use that includes big box stores, supercenters, superstores and big box retailers that occupy buildings with at least sixty thousand (60,000) square feet of floor area, and generate hundreds of trips per hour. They are often a single retail store that may enclose smaller stores within the superstore building which exceeds a specified square footage, and which stocks and sells large quantities of items.
BILLBOARD: See definition of Off Premises Sign.
BLOCK: A tract of land bounded by streets or by a combination of streets, public parks, cemeteries, railroad rights of way, waterways or boundary lines of the corporate limits of the city.
BOARDING HOUSE OR LODGING HOUSE: A building where, for compensation and by arrangement, lodging (in not more than 5 lodging rooms) and meals are provided for persons in addition to the resident family.
BOND: Financial instrument guaranteeing the construction, completion, maintenance, removal or some other action affecting a public or private improvement.
BUFFER YARD, BUFFER AREA, BUFFER STRIP 2 : A landscaped area intended to separate and partially obstruct the view between two (2) adjacent land uses or properties from one another or to shield or block noise, lights, or other nuisances.
BUILDING: Any structure having a roof supported by columns or walls for support, enclosure, shelter or protection of persons, animals, chattels or property of any kind.
BUILDING FACE: The walls, windows, parapets or other vertical structural components of a building, but not including mansard roofs and screens for roof mounted equipment.
BUILDING, HEIGHT OF: The vertical distance from the grade (the average level of the finished surface of the ground adjacent to the structure) to the highest point of the coping of a flat roof, or to the deck line of mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roofs (see section 10-8-1 of this title).
BUSINESS PARK/INDUSTRIAL PARK/OFFICE PARK: An area developed under single ownership or unified control, including one or more separate business establishments and/or tenants.
BUSINESS SERVICE: Establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing; building maintenance; employment services; delivery and dispatch services; management and consulting services; protective services; equipment rental and leasing; commercial research; development and testing; photo finishing; and personal supply services.
CANNABIS: "Cannabis" as set forth in section 1-10 of the Cannabis Regulation and Tax Act, as amended.
CANNABIS BUSINESS ESTABLISHMENT: A "cannabis business establishment" as defined in section 1-10 of the Cannabis Regulation and Tax Act, as amended, and such other cannabis business establishments authorized under the Act, as amended.
CANNABIS CRAFT GROWER: A "craft grower" as defined in section 1-10 of the Cannabis Regulation and Tax Act, as amended.
CANNABIS CULTIVATION CENTER: A "cultivation center" as defined in section 1-10 of the Cannabis Regulation and Tax Act, as amended.
CANNABIS DISPENSARY: A "dispensing organization" and "dispensary" as defined in section 1-10 of the Cannabis Regulation and Tax Act, as amended.
CANNABIS INFUSER: An "infuser organization" or "infuser" as defined in section 1-10 of the Cannabis Regulation and Tax Act, as amended.
CANNABIS PROCESSOR: A "processing organization" or "processor" as defined in section 1-10 of the Cannabis Regulation and Tax Act, as amended.
CANNABIS TRANSPORTER: A "transporting organization" or "transporter" as defined in section 1-10 of the Cannabis Regulation and Tax Act, as amended.
CANOPY: A roof construction or cantilevered roof, free of enclosing walls, over an entrance to a building or a gasoline pump island.
CANOPY TREE: Trees with an irregular or umbrella canopy providing shade, screening or background such as a shade tree.
CAR WASH: A structure, or portion thereof, containing facilities for washing private passenger vehicles using automatic methods with a chain conveyer, blower, steam cleaning device or other mechanical devices; or providing space and equipment for the washing, cleaning or polishing of passenger vehicles, whether by customer or the operator; but not including truck wash facilities.
CELLAR: That story of a building that has more than one-half (1/2) of its height below grade, as illustrated in exhibit 2-4.
CITY COUNCIL: City council of Charleston.
CLINIC: An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by a group of physicians, dentists, or other members of the healing arts practicing together.
CLUB: A building or portion thereof or premises owned or operated by a corporation, association, person or persons for social, educational or recreational purposes, but not primarily for profit or to render a service which is customarily carried on as a business.
CLUSTER SUBDIVISION: A form of development that provides reduced lot area while maintaining the same number of lots and overall density. Buildings are concentrated on a part of the site, permitting the remaining land area to be devoted to open space, active recreation areas, environmentally sensitive land preserves or agriculture. Exhibit 2-5 illustrates a sample cluster subdivision.
COLLECTOR STREET: Those streets so identified in the city's adopted thoroughfare plan.
COMMERCIAL DISTRICTS: The C-1, C-2 and C-3 zoning districts as defined in chapter 5 of this title.
COMMON OPEN SPACE: An open space area within or connected to a developed site, which is managed and designed for the use, benefit or enjoyment of all residents and owners of the development.
COMMUNITY RESIDENCE: A facility licensed by the state for developmentally disabled residents requiring custodial care, such as family homes and elderly homes.
COMPATIBLE: Buildings, structures, activities or uses that can coexist without infringing on the normal use and enjoyment of the adjacent properties.
COMPREHENSIVE PLAN: The plan or any portion thereof adopted by the city of Charleston for the coordinated physical development of Charleston and environs.
CONE OF LIGHT: The area directly illuminated by a light source, not including light reflected from inside the hood or shade of a light fixture; diffused light that is less than fifty percent (50%) as bright as the areas directly illuminated by the light source from an equivalent distance; or other reflected light that is less than fifty percent (50%) as bright as the areas directly illuminated by the light source from an equivalent distance.
CONSTRUCTION SIGN: A temporary sign identifying the architect, contractor, subcontractor, material supplier or others involved in construction on the property on which the sign is located.
CONTIGUOUS: In contact with, abutting, adjoining, or touching another parcel or structure.
CONVENIENCE STORE: A store serving persons in adjacent areas and limited to the sale of limited grocery items, magazine, newspapers and other limited items where gasoline sales may or may not be permitted. A "convenience store" does not include an indoor or outdoor restaurant where the consumption of food products on the premises is encouraged.
COTTAGE INDUSTRY: An intensive home occupation subject to the regulations in section 10-7-6 of this title.
CUL-DE-SAC: A dead end street that includes a circular turnaround at its terminus.
DOT: Department of transportation.
DAYCARE CENTER: A "daycare center", as defined in 225 Illinois Compiled Statutes 10/2.09, receiving eight (8) or more children for care during all or part of a day.
DAYCARE HOME: As defined in 225 Illinois Compiled Statutes 10/2.18, a home where daycare is provided for more than three (3) children but not more than twelve (12) children.
DECIBEL: A unit which describes the sound pressure level or intensity of sound. A sound level meter is calibrated in "decibels".
DENSITY: The number of dwelling units divided by the area of the subdivided portion of a parent tract.
DENSITY, GROSS: The number of dwelling units located or proposed to be located on a parcel divided by the gross area of the parcel.
DEVELOPER OR APPLICANT: A person who is responsible for any undertaking that requires any permit from the city for the development of land.
DEVELOPMENT: Includes any of the following activities:
A. A change in the use of any land, building or structure for any purpose, and shall include the carrying out of any building, engineering construction or other operation in, on, over or under land, or the construction, addition or alteration of any building or structure;
B. The construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure; or
C. The subdivision, resubdivision or change in property boundaries or the improvement of land.
DEVELOPMENT IMPROVEMENT AGREEMENT: A written agreement executed by the city and the developer in which the provision and installation of public improvements is addressed.
DISTRICT: Any section of the city of Charleston or territory within one and one-half (11/2) miles of the city of Charleston for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform.
DRIVE-IN ESTABLISHMENT: An establishment that provides or is designed to provide, either wholly or in part, parking of patrons' automobiles from which the occupants may watch entertainment, purchase goods or services, or transact business.
DRIVE-THROUGH ESTABLISHMENT: An establishment that provides or is designed to provide goods or services to persons in their cars at a window in an area through which cars must pass.
DRIVEWAY: Private accessway leading from a street or alley to a dwelling unit or building.
DWELLING, ATTACHED SINGLE-FAMILY: A dwelling unit having its own ground floor entrance, joined to one or more dwelling units by common walls, or other horizontally unifying structural element, being self-sufficient and designed for occupancy by one family.
DWELLING, DETACHED SINGLE-FAMILY: A self-sufficient dwelling designed to be separated on all sides and to be occupied by a single family.
DWELLING, MULTIPLE: A structure including three (3) or more dwellings.
DWELLING OR DWELLING UNIT: Any building or portion thereof that is designed for or used exclusively for long term residential purposes by a single family, which includes a kitchen and at least one bathroom and is mounted on or attached to a foundation set in a fixed location.
DWELLING, SINGLE-FAMILY: A dwelling designed for or occupied exclusively by one family.
DWELLING, TWO-FAMILY (DUPLEX): A building consisting of two (2) dwellings, with each dwelling unit having its own ground floor entrance, joined to only one other dwelling unit by a common wall, or other horizontally unifying structural element.
EASEMENT: A strip of land for which rights have been granted for a specified use or purpose, including, but not limited to, access, utilities, drainage, conservation, agriculture or other specified activity or impact.
ERECT: To build, construct, reconstruct, alter, place or relocate any structure, including the preparation for such activity, such as excavating, grading, drilling, piling, cribbing, filling or draining land.
FEMA: Federal emergency management administration.
FACE: That area of a sign containing the advertising information, painting, drawing or message intended or used to advise or inform, but excluding structural supports.
FAIR MARKET VALUE: The price of a building and/or land that would be agreed upon voluntarily in fair negotiations between a knowledgeable owner who is willing, but not forced, to sell and a knowledgeable buyer who is willing, but not forced, to buy.
FAMILY: One or more persons related by blood, marriage, or adoption, occupying a dwelling and living as a single housekeeping unit and doing their own cooking on the premises, including not more than two (2) boarders or lodgers.
FARM: The land, buildings and machinery used in agricultural production of farm products.
FLAG LOT: A lot fronting on or abutting a public road and where access to the public road is by narrow, private right of way.
FLASHING SIGNS: Any sign, the illumination of which is not constant in intensity when in use. Electronic message signs approved by the board of appeals and planning that indicate the date, time or temperature shall not be considered "flashing signs".
FLOODPLAIN: An area subject to inundation during an identified storm event.
FLOOR AREA: The sum of the gross horizontal areas of all floors of a building measured from the exterior faces of the exterior walls or from the centerline of common walls, but not including garages, unenclosed porches, and cellar or basement space.
FLOOR AREA RATIO: Gross floor area of all buildings on a lot divided by the lot area (floor area/lot area = floor area ratio).
FOUNDATION, PERMANENT: A structural building support extending from below the frost line up to the structure and made of cast in place concrete, concrete blocks mortared together or other material approved by the building official.
FRONTAGE: The dimensions of a lot measured along the abutting street right of way.
GARAGE, PRIVATE: An accessory building designed or used for the storage of not more than four (4) motor driven vehicles owned and used by the occupants of the building to which it is accessory, and not storing more than one commercial vehicle or any vehicle which exceeds a two (2) ton capacity.
GENERAL SERVICES: Establishments primarily engaged in providing assistance, as opposed to products, to individuals, business, industry, government and other enterprises, including hotels and other lodging places; personal business, repair and amusement services; health, legal, engineering and other professional services; educational services; membership organizations; and other miscellaneous services.
GRADE, FINISHED: The average level of the finished surface of the ground adjacent to the exterior walls of the building.
GRADE, NATURAL: The elevation of the ground surface in its natural state, before any development, except agricultural operations.
GUN CLUB: A facility that provides an indoor or outdoor shooting range and practice facility for gun enthusiasts and skeet and trap shooting.
HAZARDOUS WASTE: Any waste as defined in 430 Illinois Compiled Statutes 35/2-4.
HEALTHCARE FACILITY: A facility or institute, whether public or private, principally engaged in providing services for health maintenance, diagnoses or treatment of human disease, pain, injury, deformity or physical condition, including, but not limited to, a general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, skilled nursing home, nursing home, intermediate care facility, outpatient clinic, dispensary, home healthcare agency, and bio- analytical laboratory or central services facility serving one or more institutions but excluding institutions that provide healing solely by prayer.
HEIGHT: The vertical distance measured from the average grade of the base of the structure at ground level to its highest point and including the main structure and all attachments thereto or as otherwise provided in section 10-8-1 of this title.
HOME OCCUPATION: A business, occupation or profession conducted within a dwelling unit by a person residing within that dwelling unit which is clearly incidental to the primary residential use of the structure. See section 10-7-6 of this title.
HORTICULTURE: The use of land for the growing or production of fruits, vegetables, flowers, nursery stock, including ornamental plants and trees, and cultured sod.
HOTEL, MOTEL, OR MOTOR HOTEL: An establishment containing guestrooms, exclusively for occupancy by transient guests, and that provides customary hotel services such as a maid, telephone and secretarial, bellboy and desk services, and the use and upkeep of furnishings and laundry of linens.
HOUSEHOLD LIVING: Persons living together acting as a single housekeeping unit in a single dwelling unit, with common access to and having common use of all living and eating areas, and other areas and facilities for the preparation and serving of food within the dwelling unit.
IDENTIFICATION SIGN: A sign whose copy is limited to the identification of a home, apartment, townhouse, or manufactured home project, and all other permitted uses.
IMPROVEMENT, PUBLIC: Street work, utilities including, but not limited to, water, sewer, electric, gas and storm drainage, or other public facilities (e.g., library, park, school, etc.).
INCIDENTAL SIGN: An informational sign, attached or freestanding, that has a purpose secondary to the use of the lot on which it is located, that guides or directs pedestrian or vehicular traffic such as "no parking", "entrance", "exit only", or "loading only", or provides a warning, an address or similar directive language. No sign with a commercial message legible from a position off the lot on which the sign is located shall be considered "incidental".
INSTITUTION: A building occupied by a nonprofit corporation or a nonprofit establishment for public use.
INSTITUTIONAL AND CIVIC USE: Nonprofit, civic, religious or public uses such as libraries, public or private schools, hospitals, government owned or operated building, structure or land used for public purposes.
JUNK: Dismantled and inoperable vehicles, machinery, and appliances, or parts of such vehicles, machinery or appliances; scrap copper, brass, rope, rags, batteries, paper, rubber debris, iron, steel or other metals; and any object which does not function as the manufacturer intended. An "inoperable vehicle" shall mean any motor vehicle that lacks a current registration or a registered vehicle that lacks two (2) or more wheels or any other component parts, the absence of which renders the vehicle illegal for use on the highway.
JUNKYARD OR SALVAGE YARD: Any place where waste or discarded or salvaged material or equipment is bought, sold, exchanged, baled or packed, disassembled, kept, stored, or handled, including house wrecking yards, auto wrecking activities, used lumberyards and places or yards for storage of salvaged building materials and structural steel materials and equipment, but not including areas where such uses are conducted entirely within a completely enclosed building.
LANDSCAPED AREA: An area that is permanently devoted and maintained for the growing of shrubbery, grass and other plant material.
LANDSCAPING: A. Any combination of trees, shrubs, flowers, grass or other horticultural elements, decorative stonework, paving, screening or other architectural elements, all of which are designed to enhance the visual amenity of a property and/or to provide a screen to mitigate any objectionable aspects that may detrimentally affect adjacent land.
B. Changing or modifying natural features of a site so as to make it more attractive and desirable by adding lawns, trees, shrubs, ornamental plantings, fencing, walks, drives or other structures and materials as used in landscape architecture.
C. Changing, rearranging or adding to the original vegetation or scenery of a piece of land to produce an aesthetic effect appropriate for the use to which the land is put. It may include reshaping the land by moving the earth, as well as preserving the original vegetation or adding vegetation.
LAUNDROMAT: An establishment providing washing, dry cleaning, drying or ironing machines for hire to be used by customers on the premises.
LETTER OF CREDIT: Financial instrument guaranteeing the construction, completion, maintenance, removal or some other action affecting a public or private improvement.
LOADING SPACE: A space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks.
LODGING ROOM: Any habitable room, or group of not more than two (2) habitable rooms forming a habitable unit, occupied or intended to be occupied by not more than two (2) persons for living and sleeping, but not used for cooking purposes.
LOT:
A. A portion of a subdivision or other parcel of land established for transfer of ownership or for building development, whether immediate or future.
B. A parcel of land occupied or intended for occupancy by a use, including principal and accessory buildings, the open spaces and parking spaces required by this title, and having its principal frontage upon a street or upon an officially approved place. Exhibit 2-6 illustrates examples of various types of lots.
LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection.
LOT DEPTH: The mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE OR THROUGH: A lot having a frontage on two (2) nonintersecting streets as distinguished from a corner lot.
LOT OF RECORD: A lot that is part of a subdivision, the map of which has been legally recorded.
LOT WIDTH: The lesser of the width of a lot at the front building line or back building line.
MAINTENANCE AGREEMENT: A legally enforceable agreement guaranteeing the maintenance of a public or private improvement for a specified period of time.
MANUFACTURED HOME: As defined in 210 Illinois Compiled Statutes 115/2.1 and which is manufactured or constructed under the authority of 42 USC section 5403 and is to be used as a place for human habitation.
MANUFACTURED HOME PARK: Any site, lot, or tract of land upon which two (2) or more occupied manufactured homes are harbored, either free of charge, or for revenue purposes.
MANUFACTURING, LIGHT: The assembly, fabrication or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare or health or safety hazards outside of the building or lot where such assembly, fabrication or processing takes place. Such processes are housed entirely within a building, and the area occupied by the outdoor storage of goods and materials used in such processes does not exceed twenty five percent (25%) of the floor area of all buildings on the property. "Light manufacturing" generally includes processing and fabrication of finished products, predominantly from previously prepared materials.
MARKET VALUE: Value as determined by the Coles County assessor or other qualified real estate appraiser.
MARQUEE SIGN: Any sign affixed to a marquee over the entrance or on the face of a building and supported by and projecting from the building.
MASTER SIGNAGE PLAN: A site plan that provides the graphic and written details of signage to be incorporated within a specific area.
MEDICAL CANNABIS CULTIVATION CENTER: A "cultivation center" as defined in section 10 of the Compassionate Use of Medical Cannabis Program Act, as amended.
MEDICAL CANNABIS DISPENSARY: A "cultivation center" as defined in section 10 of the Compassionate Use of Medical Cannabis Program Act, as amended.
MENU SIGN OR MENU BOARD: Any sign that provides information on the selection and/or price of goods offered for sale at a business.
MESSAGE BOARD SIGN: See definition of Sign, Electronic Message.
MINIWAREHOUSE/SELF-STORAGE: A building or group of buildings that contains individual compartmentalized and controlled access stalls or lockers for the dead storage of the customer's goods or wares.
MOBILE BILLBOARD: A sign which is placed upon or applied to the surface or attached to a motorized vehicle that has more than one axle and is driven for the purpose of promoting and attracting attention to the product or service being advertised on the surface of the structure transported by the motorized vehicle.
MOBILE HOME: A movable or portable unit which is eight (8) body feet or more in width and is thirty two (32) body feet or more in length, and constructed to be towed on its own chassis (comprised of frame and wheels) from the place of construction to the location or subsequent locations, subject to the provisions of 625 Illinois Compiled Statutes 5/15-101 et seq., and designed to be used without a permanent foundation and connected to utilities for year round occupancy, with or without a permanent foundation. The term shall include: a) units containing parts that may be folded, collapsed, or telescoped when being towed and that may be expanded to provide additional cubic capacity; and b) units composed to 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. The term shall include units designed to be used for residential, commercial, educational or industrial purposes, excluding, however, recreational vehicles.
MODULAR HOME: As defined by the state of Illinois.
MOTEL, MOTOR COURT, MOTOR LODGE, OR TOURIST COURT: Any building or group of buildings containing guestrooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with garage or parking space conveniently located on the lot, and designed, used, or intended, wholly or in part, for the accommodation of automobile transients.
MULTI-FAMILY DWELLING: A building containing three (3) or more dwelling units.
MULTIPLE OCCUPANCY RESIDENCE: A structure, including one or more dwelling units, intended to accommodate either single-family or nonfamily households.
NIGHTCLUB: An establishment dispensing liquor and meals and in which music, dancing and/or entertainment is conducted.
NONCONFORMING USE: A use of a structure or of land that was lawful at the time of construction either by being constructed prior to the effective date hereof or prior zoning ordinances or consistent with this title or prior zoning ordinances at the time of construction but which use is now prohibited or restricted under the provisions of this title, as amended. A "nonconforming use" does not include a use that is inconsistent with this title and was inconsistent with this title or prior zoning ordinances at the time of its creation.
NUISANCE: The interference with the normal enjoyment and use of property. "Nuisances", as referred to in this title include smoke, odors, liquid wastes, solid wastes, radiation, noise, vibration, glare or heat.
NURSERY: An area or business devoted to the raising and care of trees, shrubs or similar plant materials.
NURSING HOME: Any facility, whether proprietary or nonprofit, that provides twenty four (24) hour a day accommodation, board and supervision by a nurse to three (3) or more unrelated residents.
OFF PREMISES SIGN: A sign directing attention to or advertising a business, commodity, service, product or property not located, sold or conducted on the same property or site as that on which the sign is located.
OFFICE: A room or group of rooms used for conducting the affairs of a nonretail business, profession, service industry or government and generally furnished with desks, tables, files and communications equipment.
ON-PREMISES CANNABIS CONSUMPTION ESTABLISHMENT. A cannabis dispensary or retail tobacco store (as defined in section 10 of the Smoke Free Illinois Act) authorized or permitted to allow the on-premises consumption of cannabis.
ON PREMISES SIGN: Any display, device, figure, plaque, poster, or other outdoor advertising maintained or used to advertise or to inform or to direct the attention of the public to a business or activity conducted upon the premises upon which such sign is located, or to a product or service sold or rendered thereon.
100-YEAR FLOOD: A flood, the magnitude of which has a one percent (1%) chance of being equaled or exceeded in any given year or which, on the average, will be equaled or exceeded at least once every one hundred (100) years.
ORDER BOX LOUDSPEAKER: Any electronic speaker used to communicate with customers outside of a building.
ORDER WINDOW: A window used by drive-through or drive-in facilities where orders are placed.
OUTDOOR ADVERTISING: An outdoor sign, display, device, figure, painting, drawing, message, plaque, poster, billboard, or other thing designed, intended or used to attract attention, advertise or inform, any part of the advertising or information contents of which is visible from any point of any public right of way.
OUTDOOR DISPLAY: The display of products for sale outside of a building or structure, including vehicles, garden supplies, gas, tires and motor oil, boats and aircraft, farm equipment and produce, burial monuments, building and landscaping materials and lumberyards, but not including outdoor storage.
OUTDOOR STORAGE: The keeping, in an enclosed area, of any goods, junk, material, merchandise or vehicles, in the same place for more than twenty four (24) hours, but not including the temporary outdoor display of seasonal goods or merchandise for sale.
OWNER: Any person, firm, association, syndicate, partnership, corporation, trust, or any other legal entity having sufficient proprietary interest in the land sought to be subdivided, to commence and maintain proceedings to subdivide the same under this title.
PARCEL: Any existing area of land under single ownership that may be transferred according to applicable laws and ordinances without further surveying or platting being required.
PARKING LOT/AREA: An open, unoccupied space used or required for use for parking of automobiles exclusively and in which no gasoline or automobile accessories are sold or no other business is conducted.
PARKING SPACE: An area permanently reserved for the temporary storage of one automobile and connected with a street or alley by a surfaced driveway that provides ingress and egress for automobiles.
PEDESTRIAN ORIENTED DEVELOPMENT: Development that promotes use by pedestrians and bicyclists as evidenced by limited setbacks, parking in the side and rear yards, bicycle facilities, pedestrian walkways and other pedestrian amenities such as awnings, covered entries and other areas, outdoor benches and tables and patios.
PERSONAL SERVICES: Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. "Personal services" include, but are not limited to, laundry, including pressing and cleaning service, linen supply, diaper service, beauty shops, barbershops, shoe repair, funeral services, steam baths, reducing salons and health clubs, clothing rental, locker rental, porter service, and domestic services.
PLACE OF WORSHIP: Churches, chapels, temples, parish halls, mosques and synagogues, including offices for administration of the religious institution, convents, seminaries, monasteries, rectories, parsonages and parish houses.
PLANS: All drawings, including general plans, cross sections, profiles, working details and specifications, that the applicant is required to prepare to show the character, extent and details of proposed improvements.
PLAT: A map or drawing showing the lot and street arrangement or other features or details of the area being subdivided as required in this title for preliminary and final approval and recording.
POLITICAL SIGN: Any sign that is used during a political campaign to advertise or refer to a local, state or national election, referendum or initiative.
PORTABLE SIGN: Any sign designed to be moved easily and not permanently affixed to the ground or building, including signs on trailers, mobile billboards, sandwich boards, A-frame signs and spring signs.
PRESCHOOL: A school for children usually younger than those attending elementary school or kindergarten.
PRINCIPAL USE OR STRUCTURE: The predominant use of land or structures as distinguished from an accessory use or structure.
PRIVATE RECREATIONAL FACILITY: A recreational facility operated by a nonprofit organization and open only to bona fide members and guests of the organization.
PROFESSIONAL SERVICES: See definition of Business Service.
PUBLIC HEARING: A meeting announced and advertised in advance and open to the public, with the public given an opportunity to speak and participate pursuant to state and local laws.
PUBLIC NOTICE: The advertisement of a public hearing in a paper of general circulation, and through other media sources, indicating the time, place and nature of the public hearing and where the application and pertinent documents may be inspected.
RADIO/TELEVISION BROADCAST STATION: An establishment engaging in oral and visual programs for presentation to the public and that consists of a studio, transmitter and antenna.
REAL ESTATE SIGN: A temporary sign advertising the real estate upon which it is located as being for sale, rent or lease.
RECREATIONAL VEHICLE: A vehicular unit mounted on wheels, designed to provide temporary living quarters for recreational, camping or travel use and of such size or weight as not to require special highway movement permits when drawn by a motorized vehicle, and with a living area of less than three hundred twenty (320) square feet, including built in equipment (such as wardrobes, closets, kitchen units or fixtures) and bath and toilet rooms.
RECREATIONAL VEHICLE OR TRAVEL TRAILER PARK: An area used or offered for use in whole or in part, with or without charge, for the parking of occupied travel trailers, pickup campers, converted buses, motor homes, tent trailers, tents or similar devices used for temporary, portable housing.
RESIDENTIAL SIGNS: Signs that are customarily associated with residential use, such as signs identifying names or numbers or signs on mailboxes, and are not of a commercial nature, except for home occupation signs.
RESTAURANT: An establishment whose sole business is the sale of food or beverages to customers for consumption on the premises. The food is consumed only on the premises, and all dishes are cleared by the staff of the establishment in preparation for the next customer.
RESTAURANT, CARRY OUT: An establishment whose principal business is the sale of food or beverages to the customer, in the ready to consume state, for consumption off the premises.
RESTAURANT, DRIVE-IN: An establishment whose principal business is the sale of food or beverages in the ready to consume state, all or part of which is served directly to the customer in a motor vehicle.
RETAIL SERVICES: Establishments providing services or entertainment, as opposed to products, to the general public for personal or household use, including eating and drinking places, hotels and motels, finance, real estate and insurance, personal services, health, educational and social services, museums and galleries.
RIGHT OF WAY: A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission line, oil or gas pipeline, water line, sanitary storm sewer, and other similar uses.
RIGHT OF WAY LINE: See definition of Street Line.
ROADSIDE STAND: A retail store where the products sold, i.e., fruit, vegetables, etc., are raised or grown on the premises where the stand is located. Meat, fish, poultry or live animals shall not be sold at a "roadside stand".
SCHOOL: Any building or part thereof that is designed, constructed or used for education or instruction in any branch of knowledge. The category includes public and private schools at the primary, elementary, middle, junior high or high school level that provide state mandated basic education.
SCHOOL, ELEMENTARY OR SECONDARY: Public and private schools at the primary, elementary, middle, junior high or high school level that provide state mandated basic education. The category does not include colleges, universities, and professional schools.
SCREEN: To visually shield or obscure any abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation.
SETBACK LINE: A line that is roughly parallel to the front, side or rear lot line establishing the minimum space to be provided as the front, side or rear yard.
SHADE TREE: Any tree with a canopy spread equal to a width of at least fifty percent (50%) of the height of the tree.
SHOPPING CENTER: A separate and distinct commercially used area under single ownership or unified control, including one or more separate business establishments.
SIGHT TRIANGLE: A triangular shaped portion of land established at street intersections in which nothing is erected, placed or planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.
SIGN: Any object, device, display or structure, or part thereof, consisting of any letter, figure, character, mark, point, plane, marquee sign, design, poster, pictorial, picture, stroke, stripe, line, trademark, reading matter or illuminating device, which is constructed, attached, erected, fastened or manufactured in any manner so that the same shall be used for the attraction of the public to any place, subject, person, corporation, firm, public performance, article, machine or merchandise, and displayed in any manner for recognized advertising purposes. Exhibit 2-7 illustrates different types of signs.
SIGN AREA: The entire area of the actual message or copy area. (See section 10-10-4 of this title.)
SIGN, AWNING: Advertising, symbols, emblems or images placed on any part of an awning.
SIGN, BACK TO BACK: An advertising structure with two (2) signs located within thirty six inches (36") of each other and facing in opposing directions that are parallel or within ten degrees (10°) of being parallel.
SIGN, BANNER: Attention getting devices in various flexible shapes and made of cloth, paper, plastic like, or other flexible material hung either with a frame or with a frame on no more than two (2) sides.
SIGN, CABINET: Any sign consisting of a box like or case like frame, enclosing a sign face (or faces) fabricated as a single plane of translucent or opaque material.
SIGN, DIRECTIONAL: Any sign which is designated solely for the purpose of traffic or pedestrian direction and placed on the property to which or on which the public is directed.
SIGN, DIRECTORY: A series of two (2) or more names or addresses only, within a common cabinet or face area, which identifies occupants on the premises where displayed.
SIGN, ELECTRONIC MESSAGE: A message board or sign that changes its message automatically via a lampbank or other mechanical means.
SIGN FACE: The area of a sign on which information is placed. (See subsection 10-10-4B of this title.)
SIGN, FLAT: A sign erected parallel to and attached to the outside wall of a building and extending a limited distance from such wall, with messages or copy on the face side only.
SIGN, FREESTANDING: A sign that is not attached to a building but is supported by a structure or supports placed on, anchored in, or extending from and permanently attached to the ground. Such signs may be referred to as a pole sign, pylon sign, monument based sign or ground sign.
SIGN, GOVERNMENTAL: Any temporary or permanent sign erected and maintained for any official governmental purpose.
SIGN, GROUND: A permanent business sign supported by uprights or braces set in the ground in concrete, in or upon the ground surface.
SIGN, MOBILE BILLBOARD: A billboard sign incorporated into a motor vehicle or trailer, the sole purpose of which is to provide mobile advertising.
SIGN, MONUMENT: A ground based sign that is freestanding and supported by a solid base attached to the ground as opposed to a sign supported by and attached to poles or braces.
SIGN, MOVING: Any sign which moves, appears to move, or has moving parts. Electronic message signs that indicate the date, time, and temperature shall not be considered "moving signs".
SIGN PERMIT: Written authorization issued by the city for the erection, installation or display of a specific sign on any property within the city in accordance with the regulations of subsection 10-4-2F and chapter 10 of this title.
SIGN, POLE: A detached sign erected and maintained on a freestanding mast or pole and not attached to any building.
SIGN, POLITICAL: Any sign that supports the candidacy of any candidate for public office or urges action on any other issue of a noncommercial nature.
SIGN, ROOF: Any sign erected, constructed, or maintained upon or extending above the roof of any building.
SIGN, STREET BLIMP: Any inflatable sign.
SIGN, TEMPORARY CONSTRUCTION: Any temporary sign erected on the premises of an existing construction project and designating the architect, contractor, designer or builder, or developer, or the name and nature of the project.
SIGN, TEMPORARY REAL ESTATE: A sign which provides information concerning the rent, lease or sale of the property on which it is located.
SIGN, WINDOW: A sign affixed to a window in view of the general public. This term does not include merchandise on display.
SITE PLAN: A scale drawing showing the relationship between the lot lines and their uses, buildings or structures, existing or proposed on a lot, including such details as parking areas, access points, landscaped areas, building areas, setbacks from lot lines, building heights, floor areas, densities, septic tank tile fields, utility lines and currents, or a special or particular use.
SNIPE SIGNS: Temporary signs or posters made of paper, plastic, vinyl or similar material attached to telephone poles, trees and the like.
SPECIALIZED LIVING FACILITY: As defined in 405 Illinois Compiled Statutes 25/1 et seq., an intermediate care facility for fifty (50) to one hundred (100) residents with developmental disabilities.
STORY: That portion of a building, other than a cellar or basement (except one used for business or residence), included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALF: A story with walls no greater than eight feet (8') in height that includes less than one-half (1/2) the floor area of the ground floor.
STREET: A public thoroughfare which affords the principal means of access to abutting properties and whether designated as a freeway, expressway, thoroughfare, highway, road, parkway, avenue, boulevard, lane, place, circle, cul-de-sac, arterial, collector, local, or however otherwise designated.
STREET, COLLECTOR: A street designated as a collector on the adopted street plan of the city or a street in a proposed subdivision which is intended to collect traffic from the minor streets within a neighborhood or a portion thereof and to distribute such traffic to arterial thoroughfares, in addition to providing access to properties abutting thereon.
STREET, CUL-DE-SAC: A minor street having only one end open for vehicular traffic and with the other end permanently terminated by a circular turnaround.
STREET, DEAD END: A street having only one end open to vehicular traffic; also referred to as a "court".
STREET LINE: A dividing line between a lot, tract or parcel of land and an abutting street.
STREET, LOCAL OR MINOR: A street, other than an arterial or collector street, that is intended primarily for providing low volume access to abutting properties.
STREET, MAJOR: A collector or arterial street or a state or federal highway.
STREET, STUB: A street that is temporarily terminated but is planned for future continuation.
STRUCTURAL ALTERATIONS: Any change in the supporting members of a structure, such as bearing walls, columns, beams, girders, or doors, other than a change in windows or a minor alteration which affects primarily the appearance and not the life of the structure or overall dimensions of the building.
STRUCTURE: Anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, including, but not limited to, buildings, advertising signs, billboards, swimming pools, porches and fences.
SUBDIVIDE: The process of dividing any parcel into two (2) or more tracts or adjusting property boundaries between two (2) or more tracts.
SUBDIVIDER: Any person, firm, association, syndicate, partnership, corporation, trust, or any other legal entity dividing or proposing to divide land so as to constitute a "subdivision" as defined in this section and including any agent of the subdivider.
SUBDIVISION: Either: a) the division of land into two (2) or more parcels, any of which is less than five (5) acres, except for subdivision defined herein as a "minor subdivision"; or b) the establishment or dedication of land for all of or a portion of a road, highway, street or alley upon a tract of land regardless of size.
SUBDIVISION DIRECTIONAL SIGN: A temporary sign providing direction to a block of lots within a developing residential subdivision.
SUBDIVISION SIGN: An entry sign that is monument based and is intended to provide identification of a residential subdivision by name only.
TELECOMMUNICATIONS FACILITIES: Any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of information as authorized by the federal communications commission.
TEMPORARY SIGN: An on premises sign or advertising display constructed of cloth, canvas, fabric, plywood, or other light material and designed or intended to be displayed for a short period of time, including a sign erected on a parcel on which a temporary activity is authorized and limited to the duration of the activity.
TEMPORARY STRUCTURE: A structure that has no permanent foundation or footings and is intended to remain for a limited time, terminating upon expiration of a specified time period.
TEMPORARY USE: A use of limited duration with the intent to terminate upon expiration of a time period.
TRAFFIC IMPACT ANALYSIS: A report analyzing anticipated traffic and roadway conditions within and near an applicant's development.
TRAFFIC SIGNS: Signs erected within public right of way designed to inform motorists of traffic regulations, to warn motorists of hazards, or to provide directions or locational information.
TRANSITIONAL YARD: That yard which must be provided on a zoning lot in a nonresidential district that adjoins a zoning lot in a residential district.
TRAVEL TRAILER: A vehicular, portable structure built on a chassis and designed to be used for temporary occupancy for travel, recreational or vacation use.
TRIP: A single or one-way motor vehicle movement, either to or from a subject property.
TRIP ENDS: The total of trips entering or leaving a specific land use or site over a designated period of time.
TRIP GENERATION: The number of trip ends produced by a specific land use or activity during a designated period of time.
TRUCK SERVICE CENTER: An establishment engaged in the service or repair of automobiles, trucks, all size of commercial or private vehicles of more than twelve thousand (12,000) pounds and reconditioning and repair of parts and accessories of such vehicles. Service and repair may include general repair, rebuilding or reconditioning of engines; vehicle collision service; body repair and frame straightening; painting and upholstering; vehicle steam cleaning; and undercoating and machining of parts.
TRUCK WASH: A structure or portion thereof containing facilities for washing, cleaning or polishing autos, trucks, buses or other commercial vehicles using automatic methods with a chain conveyer, blower, steam cleaning device or other mechanical devices, or providing space and equipment for the washing, cleaning or polishing of autos, trucks, truck trailers, buses or other commercial vehicles, whether by the customer or the operator.
USE: The purpose or activity for which the land or building thereon is designated, arranged or intended, or for which it is occupied, utilized or maintained.
USE, PERMITTED: A public or private use which, of itself, conforms with the purposes, objectives, requirements, regulations and performance standards of a particular zoning district.
USE, PRINCIPAL: The main use of land or buildings as distinguished from subordinate or accessory uses.
UTILITIES: Systems for the distribution or collection of water, gas, electricity, wastewater and stormwater.
VARIANCE: A modification of the requirements of this title where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property, a literal enforcement of the requirements would result in unnecessary and undue hardship.
VEHICLE:
A. Self-propelled devices used for transporting people or goods over land surfaces and licensed as a motor vehicle;
B. Off road vehicles designed for use on a variety of unimproved surfaces, dune buggies, snowmobiles, trail bikes and motorbikes;
C. Passenger vehicles with not more than two (2) axles and four (4) tires;
D. Trucks with two (2) or more axles and four (4) or more tires;
E. Recreational vehicles; and
F. Trailers.
VIOLATION: The failure of a use, structure or development to fully comply with this title.
VISUAL CLEAR ZONE (VCZ): See definition of Sight Triangle.
WALL SIGN: Any sign that is permanently attached to a wall of any building.
WETLANDS: Natural areas, identified by the federal government as "wetlands", that are normally covered in water for all or part of the year, which result in a rich combination of environmental features which contain a wide variety of plants and wildlife.
YARD: An open space between a building and the adjoining lot lines as shown in exhibit 2-8 of this definition. The size of a yard is measured as the shortest horizontal distance between the lot line and the main building.
YARD, FRONT: A yard extending across the full width of the lot and measured between the front lot line and the closest point of the building (or any projections thereof other than the projections of the usual covered steps, uncovered balconies, or uncovered porches) to the front lot line.
YARD, REAR: A yard extending across the full width of the lot and measured between the rear lot and the closest point of the building (or any projections thereof other than the projections of the usual covered steps, uncovered balconies, or uncovered porches) to the rear lot line.
YARD, SIDE: A yard extending from the front yard to the rear yard and measured between the side lot line and the closest point of the building to the side lot line.
ZERO SIDE YARD LOT: A lot with no side setback on one side of the property as shown in exhibit 2-9 of this definition.
ZONING DISTRICT: Chapter 5 of this title lists the zoning districts of the city of Charleston.
ZONING LOT: A single tract of land, which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control. Zoning lot lines shall not cross zoning district boundary lines unless otherwise permitted in this title. Therefore, a "zoning lot or lots" may or may not coincide with a lot of record.
(Ord. 03-O-9, 3-18-2003; amd. 2006 Code; Ord. 07-O-16, 4-3-2007; Ord. 08-O-28, 10-7-2008; Ord. 10-O-13, 4-20-2010; Ord. 15-O-9, 1-20-2015; Ord. 20-O-22, 6-16-2020)
Notes
| 1 | 1. See also title 3, chapter 7 of this code. |
| 2 | 1. See also section 10-8-5 of this title. |