The following words and terms, whenever they occur in this title, shall be interpreted as defined in this chapter.
ABUTTING: One or more common boundary lines or district lines.
ACCESSORY BUILDING OR USE: One which is:
A. Subordinate to and serves a principal building or principal use; and
B. Subordinate in area, extent, and purpose to the principal building or principal use served.
ADVERTISING STRUCTURE: Any notice or advertisement, pictorial or otherwise, and all such structures used as an outdoor display, regardless of size and shape, for the purpose of making anything known, the origin or place of sale of which is not on the property where such advertising structure is located.
AGRICULTURE: The growing, harvesting and storing of crops including legumes, hay, grain, fruit and truck or vegetable crops, floriculture, horticulture, viticulture, mushroom growing, orchards and forestry; farm buildings for storing and protecting farm machinery and equipment from the elements; and farm dwellings occupied by farm owners, operators, tenants or seasonal or year round hired farm workers. This definition includes all types of agricultural operations, but excludes therefrom animal husbandry and industrial operations such as a grain elevator, canning or slaughterhouse, wherein agricultural products produced primarily by others are stored or processed.
AIRCRAFT: Any contrivance now known or hereafter invented for use in or designed for navigation or flight in the air.
AIRPORT: Any area of land which is used or intended for use for the landing and taking off of aircraft, and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or right of way, including all necessary taxiways, aircraft storage and tie down areas, hangars and other necessary buildings and open spaces.
ALTERATION: Any change in size, shape or character of a building or structure, or change in the use thereof.
AUTOMOBILE PARKING AND STORAGE: Any building or land used or occupied for the purpose of parking and storage of motor vehicles, motor scooters, motorcycles, and boats; provided, that if any such vehicles are inoperable, discarded or salvage material, or if any such automobile storage lot contains two (2) or more vehicles which have been incapacitated and immobile for more than fifteen (15) days, then such land for purposes of this title shall be considered a junkyard and shall be subject exclusively to the provisions of this code, including, but not limited to, the zoning code, pertaining to junkyards and not to automobile parking and storage lots.
AUTOMOBILE SERVICE STATION: Buildings and premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail.
AWNING: A rooflike cover which projects from the wall of a building and overhangs into the yard or public or private street.
BASEMENT: That portion of a building which is partly below and partly above grade and having at least one-half (1/2) its height above grade.
BLOCK: A tract of land bounded by public streets, or by a combination of streets and public parks, cemeteries, railroad rights of way, shorelines or waterways, the corporate limits of the city or other line of demarcation.
BREW PUB: An establishment where beer is brewed or manufactured with the primary distribution of beer brewed or manufactured on the premises in an adjoining restaurant where food is served.
BUILDING: Any structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind.
BUILDING HEIGHT: The measurement of vertical distance from the grade to the top of the highest roof beam of a flat roof or to the mean level of the highest gable or slope of a hip roof.
BULK: A term used to measure, assess and regulate the impact of buildings, structures or land uses on other nearby buildings, structures or land uses and includes the following factors:
A. Size and height of buildings;
B. Location of exterior walls and required on-site facilities at all levels in relation to lot lines, public streets or to other buildings;
C. Gross floor area of buildings in relation to lot area (floor area ratio);
D. All open spaces allocated to buildings;
E. Amount of lot area provided per dwelling unit; and
F. Type, amount and location of landscaping and site screening used to shield or reduce the impact of land uses on surrounding property.
CARPORT: An automobile shelter, usually formed by extension of the roof from the side of a building, which may be open on the sides.
CARWASH: A building or portion thereof containing facilities for washing motor vehicles, using automatic production-line methods with a chain conveyor, blower, steam-cleaning device or other mechanical devices, or providing space, water and equipment for the handwashing of autos, whether by the customer or the operator.
CELLAR: That portion of a building which is partly or completely below grade and having at least one-half (1/2) of its height below grade.
CRAFT BREWERY: An establishment where beer is manufactured in quantities not exceeding those prescribed by the Illinois Craft Brewer’s License. The establishment may also include a tasting room and craft beer manufactured onsite may be offered for sale at retail for use or consumption onsite or offsite.
CONFORMING BUILDING OR STRUCTURE: Any building or structure which complies with all of the regulations of this Title, or of any amendment hereto governing bulk for the zoning district in which such building or structure is located.
CONFORMING USE: Any use which complies with all the regulations specified in this Title or any subsequent amendment hereto for the zoning district in which such use is located.
CURB LEVEL: For any building is the level of the established curb in front of such building measured at the center of such front. Where no curb has been established, the curb level is the elevation of the center line of the street adjacent to the lot on which the building is, or is to be located, measured at the center point of the lot frontage.
DAYCARE CENTER: A premises receiving more than eight (8) children for care during all or part of the day or night.
DAYCARE HOME: A dwelling unit in which one or more persons provide care during the day to not more than eight (8) children. The maximum of eight (8) children includes all natural, adopted and foster minor children of the residents of the dwelling unit, plus any other minors who are under full-time care or supervision in the dwelling unit.
DISTRICT: A portion of the territory of the City within which certain generally uniform regulations and requirements unique thereto apply under the provisions of this Title.
DORMITORY: A residential building where group sleeping accommodations are provided for persons not members of the same family and where the number accommodated exceeds that allowed in a dwelling unit in the district. The group sleeping accommodations may be in one room or in a series of closely-associated rooms under occupancy and single management as in college dormitories, fraternity houses, sorority houses, military barracks, etc., regardless of whether meals are provided.
DRIVE-IN ESTABLISHMENT: A business or institution where the principal use is either the offering of goods or services directly to customers waiting in parked motor vehicles or carry-out food service.
DRIVEWAY: A private accessway for motor vehicles between a public or private street and one or more structures, or off-street parking areas.
DWELLING: A building designed or used principally for residential occupancy containing one or more dwelling units, including single-family, two-family and multiple-family dwellings.
DWELLING, MULTIPLE-FAMILY: A building containing three (3) or more dwelling units.
DWELLING, SINGLE-FAMILY: A building containing one dwelling unit only.
DWELLING, TWO-FAMILY: A building containing two (2) dwelling units only.
DWELLING UNIT: One or more rooms arranged or designed for the use of one family living together as a single housekeeping unit with cooking, living, sanitary and sleeping facilities in a self-contained unit.
DWELLING UNIT, ATTACHED: One which is joined to another dwelling unit on one or more sides by a vertical party wall or walls.
DWELLING UNIT, DETACHED: One which is entirely surrounded by open space.
EFFICIENCY UNIT: A dwelling unit consisting of one principal room together with bathroom, kitchen, hallway, closets or dining area.
FAMILY: Either one person or two (2) or more persons, each related to each other by blood, marriage or legal adoption and an aggregate of not more than two (2) roomers or boarders not related to each other, whether or not gratuitous, maintaining a common household in a dwelling unit; or a group of not more than four (4) persons not so related maintaining a common household in a dwelling unit.
FENCE: A structure other than a building or portion thereof which is a barrier and is used as a boundary, screen, separation, means of privacy, protection or confinement and is constructed of wood, plastic, metal, wire mesh, masonry or comparable material.
FLOOD BASE ELEVATION: That elevation of the water level at the 100-year flood level.
FLOODPLAIN: Any area on the special flood hazard map of the Federal Insurance Administration designated as having special flood hazards.
FLOOR AREA: For purposes of computing off-street parking requirements, is defined as the sum of the gross horizontal floor areas of a building. Areas allowed to be deducted from the computation include spaces used for mechanical and electrical equipment, stairs, elevators, interior parking areas, interior loading docks and storage areas incidental to the main use.
FLOOR AREA RATIO: The numerical value obtained by dividing the floor area of a building or buildings by the lot area on which such building(s) is located.
FRONTAGE: The measure of lineal contiguity along a public right of way as measured along that right of way between a lot or portion thereof and another lot, public street, alley or public way.
GRADE: A reference plane representing the average finished ground level adjoining the building at all exterior walls.
GROUND FLOOR AREA: The area of a building in square feet as measured in a horizontal plane at the ground floor level within its largest outside dimensions, exclusive of open porches, breezeways, terraces, garages and exterior stairways, furnace and laundry areas.
HELIPORT: An area of land, water and/or a structure or building which is used or intended for use for the landing and taking off of helicopters, and any appurtenant areas which are used or intended for use for heliport buildings or other heliport facilities or rights of way, including all necessary pads, helicopter storage and tie-down areas, hangars and other necessary buildings and open spaces.
HISTORIC AREA: An area containing buildings or places in which historic events have occurred, or which have special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community which warrant conservation and preservation.
HOME OCCUPATION: An occupation or profession practiced by a member of the family residing in the dwelling unit, which is clearly an accessory use to the principal residential use of the dwelling unit and which is listed in Section 10-3-1 of this Title.
HOSPITAL: An institution where the sick or injured are given medical or surgical care.
HOTEL, MOTEL OR INN: An establishment containing lodging accommodations designed for use by transients, travelers or temporary guests. Facilities provided may include maid service, laundering of linen used on the premises, telephone and secretarial or desk service, meeting rooms and restaurants and cocktail lounges.
INDUSTRIAL PARK: An area devoted to one or more light industrial uses, but this definition does not include any buildings which are either storage warehouses with light assembly or warehouses with or without offices.
JUNKYARD: An open area where junk waste, scrap, used equipment and vehicle parts, discarded or salvaged 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 junkyard includes automobile wrecking yards, house wrecking yards, used lumberyards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but does not include uses established entirely within enclosed buildings.
KENNEL: Any premises where three (3) or more dogs, cats or other household domestic animals over four (4) months of age are owned, boarded, bred or offered for sale.
LOT: A parcel, tract or area of land with access from an abutting street for the full width of the lot, and which is occupied by or intended for occupancy by one principal building or principal use together with any accessory buildings and such yard area as is required by this Title. It may be a single surveyed parcel separately described in a deed or plat which is recorded in the office of the County Recorder, or it may include parts of, or a combination of, such surveyed parcels when adjacent to one another and used as one. In determining lot area and boundary lines, no part under water or within the limits of a street shall be included.
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 intersection of two (2) streets.
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, INTERIOR: A lot other than a corner or reversed corner lot.
LOT LINE (PROPERTY LINE): A boundary line of a lot.
LOT LINE, FRONT: That boundary line of any lot which is along a dedicated public street or the occupation line on a nondedicated public street. On corner lots the front lot line shall be the boundary line along such street right-of-way line that is established at the time of application for a building permit.
LOT LINE, REAR: The lot line most nearly parallel to and most remote from the front lot line.
LOT LINE, SIDE: Any boundary of a lot which is not a front lot line or a rear lot line.
LOT OF RECORD: A lot which is part of a subdivision recorded in the office of the County Recorder of Deeds, or a lot or parcel described by metes and bounds, the description of which has been so recorded on the date of the adoption of this Title.
LOT, REVERSED CORNER: A corner lot the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.
LOT, THROUGH: A lot having a pair of opposite lot lines along two (2) more or less parallel public streets, and which is not a corner lot. On a through lot both street lines shall be deemed front lot lines.
LOT WIDTH: The mean horizontal distance between the side lot lines of a lot, measured within the lot boundary. Lot width shall be measured at the front lot line or at the required setback line or cul-de-sac within the lot boundary behind the required front yard setback line.
MANUFACTURED HOME: A lap-sided mobile home of at least one thousand (1,000) square feet with a shingled gable or hip roof placed on a permanent or cement foundation. Said mobile home must have the approval of the Department of Housing and Urban Development as complying with the Federal Manufactured Home Construction and Safety Standards, containing the Housing and Urban Development seal, or other evidence of Housing and Urban Development approval.
MANUFACTURED HOME PARK: A lot or lands upon which two (2) or more independent manufactured homes are located, either free of charge or for a fee, and shall include any building, structure, tent vehicle or enclosure used or intended for use as a part of the equipment of such manufactured home park.
MANUFACTURED HOME SPACE: A plot of ground within a manufactured home park designed for the accommodation of one manufactured home.
MOBILE HOME: A dwelling unit of vehicular, portable design, built on a chassis and designed to be moved from one site to another and capable of being used with or without a permanent foundation.
MOBILE HOME PARK: A lot or lands upon which two (2) or more independent mobile homes are located, either free of charge or for a fee, and shall include any building, structure, tent vehicle or enclosure used or intended for use as a part of the equipment of such mobile home park.
MODULAR HOME: A dwelling unit intended to be used for residential occupancy and designed to be located on a permanent foundation, and which conforms to the definition of modular home under the provisions of the Illinois Compiled Statutes.
NAMEPLATE: A sign indicating the name and address of a building or the name of an occupant thereof and/or the occupation practiced therein.
NONCONFORMING BUILDING OR STRUCTURE: Any building or structure or portion thereof lawfully existing at the time of adoption of this Title, or amendment thereto, which does not comply with all the regulations of this Title or any amendment thereto governing bulk for the zoning district in which such building or structure is located.
NONCONFORMING LOT: A lot of record which, when recorded, met the minimum lot area and other dimension requirements of the City Code, but which through subsequent amendments to such Code or other acts of a public body has caused the lot of record to be in conflict with the minimum lot area or other dimension requirements of the Code.
NONCONFORMING USE: Any use of land, buildings, or structures, which use is not permitted in the zoning district in which such use is located, but which use was permitted at the time such use was established.
NURSERY (GREENHOUSE): A space, building or structure, or combination thereof, for the storage of live trees, shrubs or plants offered for wholesale or retail sale on the premises, including products used for landscaping and gardening.
NURSING HOME: A home for the aged, chronically ill, incurable persons or a place of rest for those suffering bodily disorders in which three (3) or more persons, not members of the immediate family residing on the premises, are received, kept or provided with food and shelter or care, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity or mental illness.
OFFICIAL COMPREHENSIVE PLAN (COMPREHENSIVE PLAN): The composite of the functional and geographic elements of the comprehensive plan of the City, or any segment thereof, in the form of plans, maps, charts, textual materials and the official map, as adopted by the City Council.
OPEN SALES LOT: Any building or land used or occupied for the purpose of buying and selling merchandise, motor vehicles, any form of trailers, mobile homes, motorized homes, motor scooters, motorcycles, boats, aircraft, farm equipment and monuments or for the storing of same prior to sale, and for related service and rental; provided, that if any such merchandise or vehicles other than units being repaired or serviced are inoperable, discarded or salvage material, or if any such open sales lot contains two (2) or more vehicles which have been incapacitated and immobile for more than fifteen (15) days, then such land for purposes of this Title shall be considered a junkyard and shall be subject exclusively to the provisions pertaining to junkyards and not to open sales lots.
PARKING SPACE: A space within a public or private parking area which contains minimum dimensions of nine feet by twenty feet (9' x 20') of access drives or aisles, for the purpose of vehicular storage.
PRINCIPAL BUILDING: A building in which the principal use of the lot on which it is located is conducted, including a building that is attached to such a building in a substantial way, such as by a roof.
PRINCIPAL USE: A primary use of land or buildings as distinguished from an accessory use. A principal use may be either permitted or special.
RIDING STABLE: The grounds and building where horses are bred, raised, trained, boarded or kept for remuneration, hire or sale.
ROOMING HOUSE: Any residential building, or any part thereof, containing one or more rooming units, in which space is let by the owner or operator to more than five (5) persons who do not constitute a family.
ROOMING UNIT: Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
ROW HOUSE (TOWNHOUSES): A multiple-family dwelling containing three (3) or more attached dwelling units, each on its own plot of ground and joined to one (end unit) or two (2) (interior units) dwelling units by firewalls. Each dwelling unit shall occupy the internal space from the ground to the roof.
SETBACK: The horizontal distance between the front lot line and any building or structure located on the lot.
SIGN: Any identification, description, illustration or device, illuminated or nonilluminated, which is visible from any public place or is located on private property and exposed to the public and which directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem printing, banner, pennant, placard or temporary sign designed to advertise, identify or convey information, with the exception of window displays and national, State, County, municipal and religious flags, including goods and services, offered upon the property on which the sign is located.
SPECIAL USE PERMIT: A specific use of land or buildings, or both, described and permitted in this Title, subject to special provisions and which, because of its unique characteristics, cannot be properly classified as a permitted use, as provided in Chapter 13 of this Title.
STORY: That portion of a building included between the upper surface of a floor and upper surface of the floor or roof next above. A basement shall be counted as a story and a cellar shall not be counted as a story.
STREET, PUBLIC: A dedicated and accepted public right of way or other public way used and maintained by the City which, in either case, affords the principal means of access to adjacent lots or property.
STRUCTURAL ALTERATION: Any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as the addition, removal or alteration of bearing walls, columns, beams, girders or foundations.
STRUCTURE: Anything constructed or erected that requires location on or in the ground or attachment to something having a location on or in the ground. Structures shall include slab concrete and asphalt located on the property and additionally, shall include any permanent pool located on or in the ground.
TASTING ROOM: A room accessory only to a craft brewery where beer manufacturing onsite is available on tap.
TOURIST CAMP: A residential facility designed, used or intended to be used to accommodate the overnight temporary location, hookup or use of its facilities for travel trailers and camp trailers.
USE: The purpose or activity for which the land, or building thereon, is designed, arranged or intended, or for which it is occupied or maintained, and shall include any manner of performance of such activity with respect to the performance standards of this Title.
USE, PERMITTED: A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements and regulations of such district.
VARIATION: A deviation from the bulk requirements of this Title as provided in Section 10-14-4 of this Title.
WAREHOUSE: A structure, part thereof, or area used principally for the storage of goods and merchandise.
WHOLESALE ESTABLISHMENT: A business establishment engaged in selling to retailers or jobbers rather than consumers.
WINERY: An establishment where wine is manufactured onsite and offered for sale at retail for use or consumption onsite or offsite. Not more than fifty thousand (50,000) gallons of wine per year may be manufactured at a specified location for such location to be considered a winery.
YARD: An open space, on the same lot with a building or structure, unoccupied and unobstructed from its lowest level to the sky.
YARD, CORNER SIDE: A side yard which faces a public street.
YARD, FRONT: That yard, required or otherwise, extending along the full length of the front lot line between the side lot lines from the front line of the building or structure, including any overhang features, to the front lot line.
YARD, INTERIOR SIDE: A side yard which is located immediately adjacent to another lot or to an alley separating such side yard from another lot.
YARD, REAR: That yard, required or otherwise, extending along the full length of the rear lot line between the side lot lines from the rear line of the building or structure, including any overhang features, to the rear property line.
YARD, SIDE: That yard, required or otherwise, extending along the side lot line between the front yard and the rear yard from the side line of the building or structure, including any overhang features, to the side property line.
ZONING ADMINISTRATOR: The person authorized by the city council to administer this title.
ZONING DISTRICT: A section or sections of incorporated territory of the city for which the regulations and requirements governing use, lot and bulk or buildings and premises are uniform.
ZONING DISTRICT MAP: That portion of this title showing all of the zoning district boundaries within the city 2 .
ZONING DISTRICT MAP AMENDMENT: The procedure set forth to change the zoning district boundaries of the zoning district map portion of this title.
ZONING TEXT AMENDMENT: The procedure set forth to change the text or written portion of this title. (Ord. 123, 1979; amd. Ord. 209, 1985; Ord. 230, 1987; Ord. 294, 1993; Ord. 296, 1993; Ord. 688, 7-13-2015; Ord. 780, 1-14-2020; Ord. 848, 11-8-2022)
Notes
| 1 | 1. See also title 2, chapter 2 of this code. |
| 2 | 1. See section 10-4-2 of this title. |