A. Construction: Words used in the present tense shall include the future tense; the singular number includes the plural, and the plural number includes the singular. The word "lot" includes the word "plot" or "parcel". The word "shall" is mandatory and the word "may" is permissive. Whenever the words "dwelling", "dwelling unit", "rooming house", "rooming unit", or "premises", are used in this Code, they shall be interpreted as though they were followed by the words "or any part thereof".
B. Definitions: The following words, terms and phrases are hereby defined as follows and shall be interpreted as such throughout these regulations. Terms not herein defined shall have the meaning customarily assigned to them:
ACCESSORY BUILDING OR USE: Any building or use which is on the same lot with and of a nature customarily incidental and subordinate to the principal building or use.
AGRICULTURAL USES, BONA FIDE: The growing of crops in the open, raising of stock and poultry, forestry, mushroom growing, flower gardening, operation of apiaries and aviaries, nurseries, orchards, fur farms, roadside stands, signs and billboards relating to the sale or use of products produced thereon, and necessary structures and farm dwellings for such uses.
ALLEY: A trafficway dedicated to public use which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which is less than twenty feet (20') wide.
AUTOMOBILE SERVICE STATION: One or more buildings on premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail, and incidental repair and maintenance may be obtained. Uses permissible at a filling station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in filling stations. A filling station is not a repair garage or body shop. All activities incidental to the sale of gasoline or oil shall be conducted within a building and there shall be no storage or accumulation of equipment or motor vehicles disassembled or otherwise outside of the principal structure.
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.
BATHROOM: A room containing bathing and sanitary facilities consisting of a water closet, a tub or shower and a lavatory. A bathroom shall be provided within each living unit and shall afford complete privacy.
BILLBOARD: A type of sign having more than one hundred (100) square feet of display surface which is either erected on the ground or attached to or supported by a building or structure.
BOARD OF APPEALS: The Zoning Board of Appeals of the City.
BOARDING AND LODGING HOUSE: A dwelling other than a hotel where, for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for three (3) or more, but not exceeding twenty (20) persons on a weekly basis.
BUILDING: Any structure designed or built for the support, enclosure, shelter or protection of people, animals, chattels or property of any kind. Any structure with interior areas not normally accessible for human use shall not be considered as a building.
BUILDING, HEIGHT OF: The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridges for gable, hip or gambrel roofs.
BUILDING INSPECTOR: The Building Inspector shall be the officer charged with the administration and enforcement of this Chapter.
CAR WASH: A building or portion thereof, containing facilities for washing more than two (2) automobiles; using production-line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices; or providing space, water, equipment or soap for the complete or partial hand-washing of such automobiles, whether by operator or by customer.
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.
CHILD CARE CENTER: Any place, home or institution which receives three (3) or more children under the age of sixteen (16) years and not of common parentage, for care apart from their natural parents, legal guardians or custodians when received for regular periods of time for compensation.
CITY: The City of Colona, Illinois.
CITY CLERK: The City Clerk of the City.
CITY COUNCIL: The City Council of the City.
CLINIC: An establishment where patients who are not lodged overnight are admitted for examination or treatment by a physician and/or practitioners practicing together.
DETERIORATION: The condition or appearance of a building or part thereof, characterized by breaks, holes, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay or neglect or excessive use of or lack of maintenance shall define deterioration.
DRIVE-IN RESTAURANT OR REFRESHMENT STAND: Any place or premises principally used for the sale, dispensing or serving of food, refreshments or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on or off the premises.
DWELLING: A dwelling is a building designed or used principally for residential occupancy, including without limitation, single-family dwellings, two-family dwellings and multiple-family dwellings.
DWELLING, MULTIPLE-FAMILY: A multiple-family dwelling is a building containing three (3) or more dwelling units.
DWELLING, MULTIPLE-USE: A building containing a business, commercial or manufacturing use and one or more dwelling or rooming units.
DWELLING, SINGLE-FAMILY: A single-family dwelling is a building containing one dwelling unit only.
DWELLING, TWO-FAMILY: A two-family dwelling is a building containing two (2) dwelling units only.
DWELLING UNIT: A dwelling unit is 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, so that access to the street in any additional facilities (such as laundry, heating units, etc.) can be gained without passing through any other residential or commercial unit.
ESSENTIAL SERVICES: The erection, alteration or maintenance, by public utilities or Municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities for Municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.
EXTERMINATION: Extermination shall mean the control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating or trapping; or by any other recognized and legal pest elimination methods approved by the Building Inspector.
FAMILY: One or more persons related by blood, marriage or adoption, together with his/her or their domestic servants, maintaining a common household in a dwelling.
GARAGE, PRIVATE: An accessory building designed or used for the storage of motor driven vehicles owned and used by the occupants of the building to which it is an accessory. Not more than one of the vehicles may be a commercial vehicle exceeding one and one-half (11/2) ton capacity.
GARAGE, PUBLIC: A building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling or storing motor driven vehicles.
GARBAGE: Wastes resulting from the handling, preparation, cooking and consumption of food, wastes from the handling and storage of produce and paper necessarily used for wrapping.
HABITABLE BUILDING: Any structure or part thereof that shall be used as a home or place of abode by one or more persons shall be defined as a habitable building.
HABITABLE ROOM: Any room meeting the requirements of this Chapter for sleeping, living, cooking or dining purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, hallways, laundries, storage spaces, utility rooms and similar spaces.
HOME OCCUPATION: Any occupation or activity incidental to residential use, when carried on in the main building by one member of the immediate family residing on the premises, in connection with which there is used no sign other than a nonilluminated name plate not more than one square foot in area or no display used that will indicate from the exterior that the building is being used for any purpose other than that of a dwelling. There is no commodity sold on the premises, no person is employed other than a member of the immediate family residing on the premises, and no mechanical equipment is used except of the type that is similar in character to that normally used for purely domestic or household purposes. Home occupation shall include the use of premises by a physician, surgeon, dentists, lawyer, clergyman, barber, beautician, or other professional person.
HOT WATER: Hot water means water at a temperature of not less than one hundred twenty degrees Fahrenheit (120°F).
HOTEL (MOTEL): An establishment which is open to transient guests, in contradistinction to a boarding house, lodging house or apartment-hotel, and is commonly known as a hotel (motel) in the community in which it is located; and which provides customary hotel services such as mail service, the furnishing and laundering of linen, telephone and secretarial or desk service, the use and upkeep of furniture and bellhop service.
INOPERATIVE VEHICLE: See Section 6-7-13 of this Code regarding inoperative motor vehicles.
INSTITUTION: A nonprofit corporation or a nonprofit establishment for public use.
JUNKYARD: A lot, land or structure, or part thereof, used primarily for the collection, storage and sale of waste paper, rags, scrap metal or discarded materials or for the collection, storage, dismantling and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof. The term "junkyard" shall include auto wrecking yards.
KENNEL: Any lot or premises on which are kept four (4) or more dogs more than six (6) months of age for compensation or sale.
KITCHEN: A space of not less than seventy (70) square feet and shall mean any room used for the storage and preparation of foods and containing the following equipment: sink or other device for dishwashing, stove or other device for cooking, refrigeration or other device for cool storage of food, cabinets or shelves for storage of equipment and utensils, and counter or table for food preparation. Only one kitchen is allowed per dwelling unit.
LAUNDROMAT: An establishment providing hometype washing, drying or ironing machines for hire to be used by customers on the premises.
LOT: When used alone shall mean a "zoning lot" unless the context of this Chapter clearly indicates otherwise.
LOT AREA: The total horizontal area included within lot lines.
LOT, CORNER: A lot which has at least two (2) adjacent sides abutting for their full length on a street, provided the interior angle at the intersection of such two (2) sides is less than one hundred thirty five degrees (135°).
LOT DEPTH: The depth of a lot which shall be considered to be the distance between the midpoints of straight lines connecting foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
LOT FRONTAGE: That dimension of a lot or portion of a lot abutting on a street excluding the side dimension of a corner lot.
LOT, INTERIOR: Any lot other than a corner lot with only one frontage street.
LOT OF RECORD: A lot which is part of a subdivision, the map of which has been recorded in the office of the Recorder of Deeds of Henry County; or a parcel of land, the deed of which was recorded in the office of the Recorder of Deeds of Henry County prior to the adoption of the Zoning Ordinance as hereinafter defined.
LOT WIDTH: The width of a lot which shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot. Where side lot lines are not continuously parallel or at right angles to the abutting street, the average of the rear and front widths shall be used.
LOT ZONING: A single tract of land located within a single block, which (at the time of filing for a building permit) is designated by its owner or developer as tract to be used, developed or built upon as a unit, under single ownership or control. Therefore, a "zoning lot" may or may not coincide with a "lot of record".
MOBILE HOME: A portable or mobile living unit used or designed for human occupancy on a permanent basis. A travel trailer is not to be considered a mobile home.
MOBILE HOME PARK: A parcel of land under single ownership which has been designed or improved or intended to be used or rented for occupancy by one or more mobile homes.
MOTOR COURT OR MOTEL: A building or group of buildings used primarily for the temporary residence of motorists or travelers.
NONCONFORMING USE: Any building or land lawfully occupied by a use at the time of the enactment of the Zoning Ordinance as hereinafter defined, which does not conform after passage of the Zoning Ordinance with the use regulations of the district in which it is situated.
OCCUPANT: Occupant shall mean any person living, sleeping, cooking, eating in or having possession or use of a dwelling unit or rooming unit.
OWNER: Any person, firm or corporation which alone, jointly or severally with others, shall be in actual possession of, or have charge, care or control of, any dwelling unit or rooming unit within the City as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder, shall be defined as an owner. Any person acting in the capacity of an owner shall be bound to comply with the provisions of this Chapter to the same extent as if such person were the owner.
OPERATOR: Any legally responsible person who has charge, care or control of a building or part thereof, in which dwelling units or rooming units are leased or let.
PERMIT: The words "permit" and "license" shall be interchangeable.
PERSON: Includes a corporation, firm, partnership, association, organization or any other group acting as a unit as well as an individual. It shall also include an executor, administrator, trustee or receiver or other representative appointed according to law. Whenever the word "person" is used in any Section of this Chapter prescribing a penalty or fine, as to partnerships or associations, the word shall include the officer, agents or members thereof who are responsible for any violation of such Section.
PLANNING AND ZONING BOARD: The Planning and Zoning Board of the City.
PLUMBING: All of the following facilities and equipment are included in this definition: gas pipes, gas-burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, toilets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar fixtures, together with all connections to water, sewer or gas lines.
PRIVACY: The existence of conditions which will permit an individual or individuals to carry out an activity commenced without interruption or interference, either by sight or sound by unwanted individuals.
PROVIDED: Any material furnished, supplied, paid for or under the control of the owner or operator shall be said to be provided.
PUBLIC HALL: A hall, corridor or passageway for egress from a dwelling not within the exclusive control of one family shall be defined as a public hall.
RENTAL HOUSING: Any nonowner-occupied dwelling or dwelling unit in which an occupants may or may not pay an agreed fee to occupy such unit.
ROOMING HOUSE: Any residential building, or any part thereof, containing one dwelling unit, which is let by the owner or operator to more than four (4) 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.
RUBBISH: Combustible or noncombustible waste materials except garbage. The term shall include the residue from the burning of coal, wood, coke, or other combustible materials; paper, rags, cartons, and boxes, wood, excelsior rubber, leather, tree branches, yard trimmings, tinned cans, metals, mineral matter, glass, ceramics, dust or other similar like materials.
SIGN: A name, identification, description, display or illumination which is affixed to, or represented directly or indirectly upon a building, structure or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or business. However, a "sign" shall not include any display of official court or public office notices nor shall it include the flag, emblem or insignia of a nation, political unit, school or religious group.
SIGN, OFF-SITE: A sign other than an "on-site" sign.
SIGN, ON-SITE: A sign relating in its subject matter to the premises on which it is located or to products, accommodations, services or activities on the premises. On-site signs do not include billboards.
SMOKE DETECTOR: An approved device that senses visible or invisible particles of combustion.
STAIRWAYS: One or more flights of stairs and the necessary landings and platforms connecting them to form a continuous and uninterrupted passage from one floor to another.
STORY: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, or the ceiling or roof next above such floor; provided that, for the purpose of determining the required dimensions of yards and courts, when the average story height of a building exceeds twelve feet (12'), each twelve feet (12') or fraction thereof of the total building height shall be considered a separate full story or fractional story respectively, except the first story which may be fifteen feet (15') high.
STORY, HALF: A partial story under a gable, hip or gambrel roof, the wall plates of which, on at least two (2) opposite exterior walls are not more than four feet (4') above the floor of such story; provided however, that any partial story used for residence purposes, other than a janitor or caretaker and his/her family, shall be deemed a full story.
STREET: A general term used to describe a public right of way which is twenty feet (20') or more and provides a channel for vehicular and pedestrian movement and may provide for vehicular and pedestrian access to properties adjacent to it, and which may also provide space for the location of utilities, both above and below ground. The word "street" shall include the meanings of road, highway and thoroughfare.
STRUCTURE: Anything constructed or erected which is attached to something having location on the ground, including a fence or free-standing wall or a sign, billboard or other advertising medium, detached or projecting, shall be defined as a structure.
SUBSTANDARD: Substandard shall mean all buildings used for purposes of human habitation which do not conform to the minimum standards established by this Chapter or by any other provision of this Code or ordinances of the City.
SUPPLIED: Paid for, furnished or provided by or under the control of the owner or operator.
TRAVEL TRAILER: A vehicular, portable structure built on a chassis designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight feet (8') and a length not to exceed twenty four feet (24').
YARD: A required open space at grade unoccupied and unobstructed by any structure or portion of a structure, other than projections of uncovered steps, uncovered balconies, or uncovered porches; provided, however, that fences, walls, poles, posts and other customary yard accessories, ornaments, and furniture may be permitted in any yard subject to height and visibility requirements. In measuring a yard for the purpose of determining the width of a side yard, depth of a front yard or rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
YARD, FRONT: An open space extending the full width of the lot between a building and the front lot line, unoccupied and unobstructed from the ground upward, except as hereinafter specified.
YARD, REAR: An open space extending the full width of a lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward, except as hereinafter specified.
YARD, SIDE: An open space extending from the front yard to the rear yard between a building and side lot line, unoccupied and unobstructed from the ground upward, except as hereinafter specified.
ZONING OFFICER: The person appointed to occupy the office created herein, in which office is vested the chief administrative and enforcement duties as outlined in Title 12 of this Code.
ZONING ORDINANCE: As applied to "lot of record" and "nonconforming use" as used in this Chapter regarding date of recording or use in existence at the time of passage of the Zoning Ordinance, it shall mean the Zoning Ordinance of the Village of Colona dated August 5, 1982, as amended, or Ordinance 88-3 of the City of Green Rock dated February 22, 1983, as amended, whichever applies to the real property in question. All other references shall be to Title 12 of this Code. (1997 Code)