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The following words, phrases, and terms, whenever they occur in this chapter, shall be interpreted as herein defined:
ACCESSORY USE, ACCESSORY BUILDING OR USE.
(1) ACCESSORY BUILDING OR USE. A subordinate building or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use, when permitted by district regulations.
(2) ACCESSORY USE. Includes, but is not limited to, the following:
(a) A children's playhouse, garden house, and private greenhouse;
(b) A garage, shed or building for domestic storage;
(c) Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless such storage is excluded by the district regulations.
(d) Storage of goods used in or produced by manufacturing activities, on the same lot or parcel of ground with such activities, unless storage is excluded by the district regulations.
(e) Off-street motor vehicle parking areas, and loading and unloading facilities;
(f) Signs, as permitted and regulated by the Village Sign Ordinance.
(g) A private residential swimming pool.
AGRICULTURE. The growing, harvesting and storing of crops, including but not limited to legume, hay, grain, fruit and truck or vegetable crops, floriculture, horticulture, mushroom growing, nurseries, orchards, forestry and greenhouses; the keeping, raising and feeding of poultry (including but not limited to chickens, ducks, geese, pheasants, peacocks, quail and turkeys, and whether kept for eggs, as pets or otherwise) livestock (including but not limited to, swine, sheep, cattle, ponies, goats, horses, asses and mules, and including such animals kept as pets): bees, fur farms, and fish and wildlife farms; farm buildings used for growing, harvesting and preparing crop products for market, for agricultural products, farm buildings for storing and protecting farm machinery and equipment from the elements, for housing livestock or poultry products for market; farm dwellings occupied by farm owners, operators, tenants or farm workers.
ALLEY. A public way with a width not exceeding 20 feet in right-of-way used primarily as a service access to the rear or side of a property which abuts on a street.
ANIMAL HOSPITAL (VETERINARY CLINIC). Any building or portion thereof designed or used for the veterinary care, observation, or treatment of animals.
APARTMENT. A room or suite of rooms arranged, designed, used or intended to be used as a single housekeeping unit, located in a multiple family building.
ASSISTED CARE FACILITY. A residential facility, usually for older or partially disabled persons, housing six or fewer residents, with two or fewer live-in staff, providing shared food preparation service and dining areas and other common facilities. An ASSISTED CARE FACILITY does not provide health care. If an assisted care facility is located in an R-2 zone, no more than four motor vehicles shall be parked on site by the residents and staff at the facility.
AUTOMOBILE REPAIR. Engine rebuilding, major reconditioning or replacement of worn or damaged motor vehicles and components or trailers; collision service, including body, frame or fender straightening or repair; and overall painting of vehicles.
AUTOMOBILE SERVICE STATION. A place where fuel, lubricating oil or grease, for operation of automobiles, are offered for sale directly to the public on the premises, and including minor accessories and services for automobiles including washing of automobiles incidental to the sale of fuel, lubricating oil or grease and not including automobile repairs. When the dispensing, sale or offering for sale of motor fuels or lubricants is incidental to the conduct of a public garage, the premises shall be classified as a public garage.
BASEMENT. A portion of a building located partly or wholly underground.
BED AND BREAKFAST. A building, or portion thereof, containing lodging rooms, which accommodate three or more persons who are not members of the keeper's family, and where lodging rooms, or meals, or both, are provided for compensation.
BUILDABLE AREA. The space remaining on a zoning lot after the minimum open space requirements of this title have been complied with.
BUILDING. Any structure having a roof supported by columns or walls built for the support, shelter or enclosure of any kind, but not including any vehicle, trailer, nor any moveable device, such as furniture, machinery or equipment.
BUILDING AREA. The area bounded by the exterior dimensions of the outer walls at the ground line.
BUILDING, DETACHED. A building surrounded by open space on the same lot.
BUILDING HEIGHT. The vertical distance measure from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of a gable, hip or gambrel roof; provided that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.
BUILDING, PRINCIPAL. A non-accessory building in which the principal use of the lot on which it is located, is conducted.
BULK. The term used to indicate the size and setbacks of buildings or structures and the location of same with respect to one another, and including the following:
(1) Size and height of buildings;
(2) Location of exterior walls at all levels in relation to lot lines, streets or to other buildings;
(3) Gross floor area of buildings in relation to lot area (floor area ratio);
(4) All open spaces allocated to buildings;
(5) Amount of lot area provided per dwelling unit.
BUSINESS. Any occupation, employment, profession or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials or where services are offered for compensation.
CAR WASH. A building equipped for washing automobiles and other motor vehicles for a consideration, whether the vehicles are washed by hand or by machinery.
CARPORT. A roofed accessory building or structure providing space for the parking of motor vehicles and lattice, or other material. When attached to a principal building, a carport shall be considered a part of the principal building and subject to all applicable bulk regulations for the district in which it is located.
CLUB OR LODGE, PRIVATE. A non-profit association, or persons who are bona-fide members paying dues, which owns, hires, or leases a building or portion thereof, the use of such premises being restricted to members and their guests.
COMMUNITY CENTER. A building or other facility used for programs generally open to the public and designed to serve significant segments of the community.
CONGREGATE HOUSING. A residential facility, usually for older or partially disabled persons, containing four or more dwelling units or rooming units providing shared food preparation service and dining areas and other common facilities. A congregate facility does not provide health care.
CORNER SIDE LOT LINE. Side lot line abutting a street.
DAY CARE CENTER. Has the same meaning as in section 2-09 of the Child Care Act of 1969, ILCS Ch. 225, Act 10, § 2-09, meaning a child care facility which regularly provides day care for less than 24 hours per day for more than eight children in a family home or more than three children in a facility other than a family home, subject to the qualifications and exclusions in that Act.
DAY CARE HOME. A family home which receives more than three up to a maximum of eight children for less than 24 hours per day.
DENSITY. The number of living units per acre allowable under the schedule of district regulations.
DISTRICT. A geographical area in which the use regulations are uniform.
DWELLING. A building or portion thereof designed and used exclusively for residential purposes.
DWELLING UNIT. One or more rooms in a dwelling intended to be occupied as separate living quarters, and containing independent cooking and sleeping facilities.
DWELLING, SINGLE-FAMILY. A detached residential building containing one dwelling unit.
DWELLING, TWO-FAMILY (DUPLEX). A detached residential building containing two dwelling units.
DWELLING, MULTIPLE-FAMILY (APARTMENT). A building or portion thereof containing three or more dwelling units.
FAMILY. One or more persons related by blood, marriage or adoption, or a group of not more than five persons not so related, maintaining a common household in a dwelling unit.
FAMILY CARE FACILITY. A facility licensed or approved by the State of Illinois having not more than two staff or supervisory personnel, which provides shelter, counseling and other rehabilitative services in a family-like environment to six or fewer residents who are not legally related to the facility operators or supervisors, and who by reason of mental or physical disability, chemical or alcohol dependency, family or school adjustment problems, require a minimal level of supervision, but do not require medical or nursing care or general supervision. A family care facility may include uses such as foster homes, halfway houses, community residential alternative facilities, or home individual programs.
FENCE. A barrier intended to prevent escape or intrusion, to mark a boundary or to create a sense of privacy or security.
FENCE, PRIVACY OR SOLID. A fence, including solid entrance and exit gates, which effectively conceals from view from adjoining property and streets, materials that are stored and activities conducted behind such fence.
FLOOD-CREST ELEVATION. The maximum instantaneous elevation of the water surface during the period of a 100-year flood as established by the U.S. Federal Management Agency, Federal Insurance Administration.
FLOOD-PLAIN AREA. That continuous area, adjacent to a stream or stream bed or other natural drainage channels or areas, whose elevation is equal to or lower than the 100-year flood-crest elevation as established by survey or as indicated in the study, including any land of higher elevation having as area of less than ten acres which is completely surrounded by land equal to or lower than the flood-crest elevation.
FLOOR AREA, GROSS. For the purpose of determining floor-area ratio, the floor area of a building or buildings shall be the sum of the gross horizontal areas of the several floors of such buildings or buildings-measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings. In particular, GROSS FLOOR AREA shall include:
(1) Basement space, if at least one-half of the basement story height is above the established curb level.
(2) Elevator shafts and stairwells at each floor.
(3) Floor space used for mechanical equipment where the structural headroom exceeds seven and one-half feet; except equipment, open or enclosed, located on the roof, i.e., bulkheads, water tanks, and cooling towers.
(4) Attic floor space where the structural headroom exceeds seven and one-half feet.
(5) Interior balconies and mezzanines.
(6) Enclosed porches, but not terraces and breezeways.
FLOOR AREA RATIO. The numerical value obtained through dividing the gross floor area of a building or buildings by the total area of the lot or parcel of land on which such building or buildings are located.
GARAGE, PRIVATE. An accessory building or an accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident upon the premises, and in which no business, service or industry connected directly or indirectly with automotive vehicles is carried on.
GARAGE, PUBLIC. Any building where automotive vehicles are painted, repaired, rebuilt, reconstructed, and/or stored for compensation.
GROUP CARE FACILITY. A facility licensed or approved by the State of Illinois, having not more than three staff or supervisory personnel, which provides shelter, counseling, and other rehabilitative services in a family-like environment to more than six but less than 15 residents who are not legally related to the facility operators or supervisors, and who by reason of mental or physical disability, chemical or alcohol dependency, family or school adjustment problems require a minimal level of supervision, but do not require medical or nursing care or general supervision.
HOME OCCUPATION. An occupation or profession customarily carried on in a dwelling unit by a person or persons residing in that dwelling unit, and which is clearly incidental or secondary to the residential use of the dwelling unit and does not involve the conduct of a retail business, and which conforms to the following additional conditions:
(1) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one square foot in area, non-illuminated, and mounted flat against the wall of the principal building.
(2) No home occupation shall be conducted in any accessory building.
(3) No traffic shall be generated by such home occupation in greater volumes than in a single family residential neighborhood and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in required front yard.
(4) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference reasonably offensive to neighbors, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.
HOME OCCUPATION includes day care for three or fewer children cared for solely by a person residing in the dwelling units.
HOTEL. A building in which lodging is provided and offered to the public for compensation and is open to transient guests.
HOUSING, MULTIPLE-FAMILY. A building or portion thereof containing three or more dwelling units.
HOUSING UNIT. One or more rooms which constitute a separate, independent housekeeping establishment containing independent kitchen, sleeping and sanitary facilities.
INTERIOR SIDE LOT LINE. Side lot line that does not abut a street.
JUNK YARD. An open area or fenced-in enclosure where used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles. A junk yard includes an auto- wrecking yard, but does not include uses established entirely within enclosed buildings.
KENNEL, COMMERCIAL. Any lot or premises on which two or more dogs, at least four months of age, are kept, boarded for compensation, or kept or bred for sale.
LIMITED REZONING AMENDMENTS. The reclassification of a property from one zoning classification to another, provided all of the following standards are met:
(1) The zoning request is not being submitted in conjunction with a subdivision action; and
(2) Final platting of the property has been approved by the Village Board in the subdivision process; and
(3) The zoning classification from which reclassification is sought is not P-1.
LOADING, OFF-STREET. A space, accessible from a street, alley or way, in a building or on a lot for the use of trucks while loading or unloading merchandise or materials.
LOT. For purposes of this chapter, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:
(1) A single lot of record.
(2) A portion of a lot of record.
(3) A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.
(4) A parcel of land described by metes and bounds; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.
LOT AREA. The area of a horizontal plane bounded by the vertical planes through front, side and rear lot lines.
LOT, CORNER. A lot situated at the junction of and abutting on two or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is 135 degrees or less.
LOT, DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.
LOT LINE. A property boundary line of any lot held in single or separate ownership; except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley right-of-way line.
LOT LINE, FRONT. That boundary of a lot which is along an existing or dedicated street. The owner of a corner lot may select either street lot line as the front lot line.
LOT LINE, REAR. That boundary of a lot which is most distant from and is, or is approximately, parallel to the front lot line. If the rear lot line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line ten feet in length within the lot; parallel to and at the maximum distance from the front lot line.
LOT LINE, SIDE. Any boundary of a lot which is not a front or rear lot line.
LOT, MOBILE HOME. The area assigned to a mobile home in a mobile home park.
LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the Sangamon County Recorder of Deeds, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
LOT, REVERSED. A lot which the frontage is at right angles or approximately right angles (interior angle less than 135 degrees) to the general pattern in the area.
LOT, THROUGH. A lot defined as a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.
LOT, WIDTH. Width of a lot shall be considered to be the distance between straight lines connecting front and rear lots lines at each side of the lot, measured across the rear of the required front yard, provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80% of the required lot width except in the case of lots on the turning circle of cul-de-sac where the 80% requirement shall not apply.
MOBILE HOME. a structure designed for permanent habitation and 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 locations, at which it is intended to be a permanent habitation and designed to permit the occupancy thereof as a dwelling for one or more persons. The term MOBILE HOME shall include manufactured homes constructed after June 30, 1976, in accordance with the Federal "National Manufactured Housing Construction and Safety Standards Act of 1974".
MOBILE HOME PARK. A contiguous parcel of land which has been planned and improved for the placement of mobile homes. Developments or portions of development intended for the sale of individual lots or parcels for the placement of mobile homes on permanent foundations shall not be included within the definition of mobile home park.
MODULAR HOME. A factory-built home which is subject to regulation by the Illinois Department of Public Health. By law a modular home must have affixed to it a yellow seal in the shape of the State of Illinois on the electrical panel box, or a similar seal of the State of Indiana. A modular home on a permanent perimeter foundation extending below the frost depth qualifies as a single family structure in any zone in which single family structures are allowed.
MOTEL. A building containing lodging rooms having adjoining individual bathrooms; where each lodging room has a doorway opening directly to the outdoors; and where more than 50% of the lodging rooms are for rent to transient tourists for a continuous period of less than 30 days.
MOTOR FREIGHT TERMINAL. A building or premises in which freight is received or dispatched by motor vehicle.
MOTOR VEHICLE. Any self-propelled wheeled vehicle designated or intended primarily for the transportation of persons or goods along public streets, alleys or other public ways.
NAMEPLATE. A sign indicating the name and/or address of a building or the name of an occupant thereof.
NONCONFORMING. Any building, structure or land lawfully occupied by a use or lawfully established at the time of the passage of the ordinance or amendments thereto, which does not conform after the passage of the ordinance or amendments thereto.
NURSING HOME. A private home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders. Such a home may contain equipment for surgical care or for treatment of a disease or injury, but does not include maternity care or mental illnesses. Includes intermediate care facilities licensed by the State of Illinois.
OPEN SALES LOT. Any land used or occupied for but not limited to the purpose of buying and selling secondhand passenger cars and/or trucks, motor scooters, motorcycles, boats, trailers, aircraft, and monuments, and for the storing of same prior to sale.
PATIO. A recreation area adjoining a residential structure which is either paved or constructed of flagstones or the like, which is not raised above the ground level, and which is not covered with a roof or other structure.
PLANNING COMMISSION. The Chatham Planning Commission.
PORCH. A covered or roofed entrance to a building, or covered or roofed patio deck.
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 SERVICE AREA. An area including such uses as fire and police stations, telephone exchanges, radio and television transmitting and relay stations and towers, filter plants and pumping stations and similar uses.
RECYCLING CENTER. A facility for the collection of recyclable materials defined as such by village ordinances pertaining to recycling.
RECREATION SPACE. The total area in square feet which is countable as open space but is not paved in streets, walks or driveways and is suitably improved for public or private (recreation pursuits) of all residents. Recreation space should provide for active and passive recreation activities. That part of a recreation area having a dimension of less than 20 feet shall not be included as countable recreation space. In addition, countable recreation space must be at least 20 feet away from any residential wall containing a window on the ground floor.
REFUSE. All waste products resulting from human habitation, except sewage.
RESIDENCE. The act or condition of residing or dwelling in a place.
RETAIL. The sale of relatively small quantities of commodities and services directly to customers.
SANITARY LAND FILL. A method of disposing of refuse by spreading and covering with earth.
SELF STORAGE MINI-WAREHOUSE. A facility that leases separate, indoor-only storage areas for individuals or businesses, in which the storage areas are designed to allow private access by tenants for storing and removing personal property. Accessory uses may include security and leasing offices. Use of the storage areas for sales, service, repair and manufacturing operations is not considered accessory to the self storage mini-warehouse use.
SETBACK, FRONT-YARD. The minimum horizontal distance permitted between the front line or side line of the building and the lot line nearest the street line, disregarding steps and unroofed porches.
SHED. A storage structure not intended for dwelling purposes or for storage of automobiles.
STORY. That portion of a building included between the surface of any floor and the floor next above, or if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a story for the purposes of this chapter when more than one-half of such basement height is above the adjacent ground level.
STREET. The entire width between boundary lines of every way publicly maintained when any part thereof is open to the public for purposes of vehicular travel.
STREET LINE. The dividing line between a lot and the right of way of a contiguous street.
STRUCTURAL ALTERATIONS. Any change, other than incidental repairs, in the supporting members of a building or structure, such as bearing walls or partitions, columns, beams or girders; or any substantial change in the roof or exterior wall.
STRUCTURE. Anything erected, the use of which requires a fixed location on the ground, or attached to something having a permanent location on the ground. A sign, billboard, or other advertising medium detached or projecting shall be construed to be a structure.
SWIMMING POOL. A receptacle for water, or an artificial pool of water having a depth at any point of more than two feet, intended for the purpose of immersion or partial immersion therein of human beings, and including all appurtenant equipment, constructed, installed and maintained in or above the ground inside or outside of a building. There are three types of swimming pools, for purposes of this chapter.
(1) A PRIVATE RESIDENTIAL SWIMMING POOL is a swimming pool maintained by an individual primarily for the sole use of his or her household and guests and not for the purpose of profit or in connection with any business operated for profit. Private residential swimming pools shall be permitted in single family and duplex residential zones only as an accessory use.
(2) A PUBLIC SWIMMING POOL is a swimming pool maintained by individuals for the use of more than one household, or owned or maintained by a club or other not-for-profit organization, corporation or homeowners association for the use of its members, or owned or maintained by any person or entity for profit, or maintained by a school, park district, municipality or other public not- for-profit organizations.
(3) JUVENILE POOL refers to a receptacle for water or an artificial pool of water having a depth of less than two feet, intended for the purpose of immersion or partial immersion therein of human beings.
USE. The purpose or activity for which the land, or building thereof, is designed, arranged or intended, or for which it is occupied or maintained.
USE, ACCESSORY. A subordinate use which is clearly and customarily incidental to the principal use of a building or premises and which is located on the same lot as the principal building or use except for such accessory parking facilities as are specifically authorized to be located elsewhere.
USE, NON-CONFORMING. Any lawfully established use of a building or premises which on the effective date of this chapter does not comply with all of the applicable use (no bulk) regulation of the zoning district in which such building or premises shall be located. For the purpose of this chapter, any use lawfully established on the effective virtue of lacking off-street parking or loading facilities as required hereinafter for new uses, shall not be deemed a non-conforming use.
USE, PRINCIPAL. The main use of land or buildings as distinguished from a subordinate or accessory use.
VILLAGE. The Village of Chatham, Illinois.
VILLAGE'S CONSULTING ENGINEER. A registered professional engineer retained by the village to perform engineering services.
VISION CLEARANCE TRIANGLE. A triangular space at either:
(1) The corner lot which is bounded by the street right-of-way lines; or
(2) The intersection of the street line and the left side of the line of a private driveway at an egress point facing the public right-of-way which consists of the street lines or street and driveway lines as the case may be, and a setback line connecting points determined by measurements from intersection of the street and driveway lines.
YARD. An open space on a lot which is unoccupied and unobstructed from the ground level to the sky. A yard extends along a line and at right angles to such lot line to a depth or width specified in the yard regulations for the zoning district in which such lot is located.
YARD, FRONT. A yard extending along the full width of the front lot line between side lot lines.
YARD, REAR. A yard extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards.
YARD, SIDE. A yard extending from the rear line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot line involved with the public street. In the case of through lots, side yards shall extend from the rear lines of the front yards required. In the case of corner lots, yards remaining after full- and half-depth front yards have been established shall be considered side yards.
ZERO LOT LINE DUPLEX. A duplex structure that is situated on more than one separately platted lot, where the following conditions have been met by the owner or owners thereof:
(1) The duplex structure is bisected by the lot line, and each dwelling unit is located exclusively on one lot, except for a party wall which is bisected by the lot line;
(2) A party wall agreement or other appropriate covenant, perpetual in duration and running with the land, has been recorded with the Recorder of Deeds of Sangamon County with respect to both lots, and which provides for the perpetual maintenance of the party wall and reconstruction of the duplex structure in event of fire or casualty, and a copy of such party wall agreement or other appropriate covenant has been provided to and approved by the Plat Officer;
(3) If a larger lot has been divided to form the two lots, a tract survey has been prepared, approved and recorded in accordance with the subdivision regulations of the village, with the recording information for the party wall agreement and other covenants noted on the tract survey; and
(4) The duplex structure, and any subdivision of an existing lot into two lots, is not otherwise prohibited by law or ordinance or by any existing subdivision covenant.
ZONING ADMINISTRATOR. Whenever in this chapter the term Zoning Administrator is used, it shall mean the Zoning Administrative Officer and such deputies or assistants as have been or shall be duly authorized by the village.
ZONING BOARD. The Chatham Zoning Board of Appeals.
ZONING LOT. A plot of ground, made up of one or more parcels, which is or may be occupied by a building or buildings, including the open spaces required by this chapter.
ZONING MAPS. The maps incorporated into this chapter.
(Ord. 96-54, passed 3-26-96; Am. Ord. 02-42, passed 10-8-02; Am. Ord. 11-50, passed 11-8-11; Am. Ord. 12-06, passed 2-28-12)