For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"ABANDONED." To have ceased in actively utilizing a building or premise for a specified period of time.
"ABUTTING OR ADJOINING." Having a common border with; touching or contiguous.
"ACCESS." The means of vehicular or non-vehicular approach, ingress or egress from a property to a street.
"ACCESSORY BUILDING OR STRUCTURE." A building or structure located on the same lot (or on a contiguous lot in the same ownership) as the principal building to which it is related, and which is clearly incidental to and customarily found in connection with the principal building; and is operated and maintained for the benefit or convenience of owners, occupants, employees, customers, or visitors of the lot with the principal building.
"ACCESSORY USE." A use which is incidental and subordinate to the principal use of the premises, and which does not change the basic character thereof as determined by its principal use.
"ADJACENT." Lying close to or near, including across an alley or street.
"ADMINISTRATIVE REGULATION." Written orders or interpretations issued by the Zoning Administrator, that which comply with the intent and purpose of this chapter.
“ADULT-USE CANNABIS CRAFT GROWER.”
A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time., and regulations promulgated thereunder.
“ADULT-USE CANNABIS INFUSER.” A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
“ADULT-USE CANNABIS PROCESSOR.” A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
“AGRICULTURE.” Land or lands, buildings, and structures, the principal use or uses of which are the growing of a farm or garden crop, dairy, pasture, agriculture, horticulture, viticulture, or animal or poultry husbandry. Includes accessory uses customarily incidental to agricultural activities, including but not limited to the farm dwelling, dwellings for tenants and full-time hired farm workers, and the dwelling or living quarters for seasonal workers.
"AIRPORT." A tract of land with facilities for the landing, take-off, shelter, supply, and repair of aircraft; or a place used regularly for receiving or discharging passengers or cargo by air.
"ALLEY." A public access way which affords only a secondary means of access to abutting property and is not intended for general traffic circulation.
"ALTERATION." An installation that becomes an integral part of the building and changes its structural quality; a substantial change therein; varying or changing the form or nature of a building without destroying its identity.
"AMORTIZATION." A method of eliminating non-conforming uses by requiring the termination of such non-conforming uses after a specified period of time.
"APARTMENT." A suite of rooms or a room in a building arranged and intended for a place of residence of a single family or group of individuals living together as a single housekeeping unit.
"ASSISTED LIVING FACILITY." A facility housing elderly individuals who, because of their advanced age, require assistance with the activities of daily living from staff who periodically provide supportive services.
"ATTACHED BUILDING." A building attached to another building by a common wall.
"AUTOMOBILE PARKING AREAS." A lot or part thereof used for the parking of motor vehicles with or without the payment of rent or charges.
"AUTOMOBILE REPAIR SERVICE." A building or open area which is, or is intended to be, used for repairing or equipping automobiles, excluding body repair, painting or engine repair/replacement activities.
"AUTOMOBILE OR TRAILER SALES AREA." An open area, other than a street, used for the display or sale of new or used automobiles or trailers, and where no repair work is done except for minor incidental repair of automobiles or trailers to be displayed and sold on the premises.
"AUTOMOBILE SALVAGE YARD." Any place where two or more motor vehicles, not in running condition, or parts thereof, are stored, and are not being restored to operation. Any land, building, or structure used for wrecking or storing of such motor vehicles or parts thereof, including any used farm vehicles or farm machinery or parts thereof, which are not being restored to operating condition; and including the commercial salvaging of any other goods, articles, or merchandise.
"BANNER." A temporary sign composed of a logo or design on a lightweight material either enclosed or not enclosed in a rigid frame and secured or mounted to allow motion caused by the atmosphere.
"BASEMENT." A floor or portion of a building which is beneath the principal story or beneath the surface of the ground.
"BERM." A man-made landform typically built as an earth mound and used as a buffer, screening or landscaping device.
"BLOCK." An area of land bounded by streets, or by public parks, cemeteries, railroads, rights-of-way, shorelines of waterways, or municipal boundaries.
"BOARDING HOUSE." A building, other than a hotel or restaurant, where meals and/or lodging are provided to three or more persons but not more than ten, who are not members of the keeper's family; for compensation and by prearrangement for definitive periods, and which is not open on a daily, overnight, or per-meal basis to transient guests.
"BUFFER AREA." Land used to visibly separate one use from another. Buffers may include fences, berms, shrubs, trees, or other natural or human-made structures that will mitigate the impact of the uses on each other.
"BUILDABLE AREAS." The space remaining on a lot after the minimum open space, yard and/or setback requirements of this chapter have been complied with.
"BUILDING." Any permanently anchored structure built for the shelter or enclosure of persons, animals, property, or substance of any kind, excluding fences.
"BUILDING, PRINCIPAL." A non-accessory building in which the primary use of the lot on which the building is located is conducted.
"BUILDING, TEMPORARY." Any building not designed or intended to be permanently located at the place where it is located.
"BUILDING HEIGHT." The vertical distance measured from the average elevation of the proposed finished grade at the front wall of the building, to the highest point of the copings of a flat roof, or to the deck line of mansard roof, or to the mean height level between eaves and ridge for gable tip or gambrel roof. Where a building is located upon a natural terrace or slope, the height may be measured from the average ground level at the building wall.
"BULK." The term used to indicate the size and setback of buildings or structures, and the location of same with respect to one another. Includes the size and height of building; location of exterior walls at all levels in relation to lot lines, streets, or to other buildings; and the amount of lot area and lot width provided per dwelling or dwelling unit.
"BULK STORAGE." More than 50 gallons of material in a single above or below ground storage container.
"BUSINESS." An occupation, employment, or enterprise that occupies time, attention, labor, and materials; or where merchandise is exhibited or sold, or where services are offered.
"CARPORT." A roofed automobile shelter with one or more open sides.
"CAR WASH." A building or portion thereof, where automobiles are washed using production line methods with a chain conveyor and blower, or steam cleaning or other mechanical devices, or high pressure spray devices in wash bays.
“CASINO.” A facility with a main floor level of at least 10,000 contiguous square feet that is authorized by the Illinois Gaming Board to conduct gambling games pursuant to the Illinois Gambling Act (ILCS Chapter 230, Act 10, §§ 1 et seq.).
"CHANGEABLE COPY." Sign copy that changes at intervals of more than once every 6 seconds.
"CITY ENGINEER." The official of the City of Danville, duly appointed and designated as the City Engineer.
"CLINIC." A place used for the care, diagnosis, and treatment of sick, ailing and injured persons, but who are not provided with room or board nor kept overnight on the premises.
"CLUB." A non-profit association of persons who are bona fide members organized for some common purposes and paying regular dues. Does not include a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
"COMMUNITY FACILITIES/SERVICES." Facilities and services provided by a public or quasi-public authority to improve the quality of life in a given area; such as but not restricted to sanitary sewers, storm sewers, educational facilities, recreational facilities, cultural facilities, and governmental facilities.
"COMPREHENSIVE PLAN." The official plan most recently adopted by the City Council which sets goals, objectives and policies for guiding the future growth, development and redevelopment of the community.
"CONFORMING BUILDING OR STRUCTURE." Any building or structure which complies with all the regulations of this chapter or of any amendment hereto governing bulk for the zoning district in which the building or structure is located.
"CURRENCY EXCHANGE." A commercial use, which exchanges common currency, sells money orders or cashiers checks and cashes checks, as its principal business activity. This shall not include a financial institution.
"DAY CARE SCHOOL OR CENTER." An establishment licensed by the State of Illinois providing specialized group care on a planned regular basis for less than 24 hours per day for more than 12 children at one time in a dwelling, or more than three children at one time in a facility other than a dwelling.
"DENSITY." The number of dwelling units per acre of land.
"DESIGN STANDARDS." A set of guidelines regarding the architectural appearance of a building or improvement which governs the alteration, construction, demolition or relocation of a building or improvement.
"DEVELOPMENT." Any man-made change to improved or unimproved real estate, including, but not limited to, construction of, or substantial improvements to buildings, structures, roads, utilities or other areas.
"DISABILITY." A physical or mental impairment which substantially limits one or more of a person's major life activities, impairs their ability to live independently, or a record of having such an impairment, or being regarded as having such impairment, not to include use or addiction to a controlled substance.
"DRIVE-UP OR DRIVE-THROUGH." The portion of a building designed for and intended to provide sales and service to patrons while they remain in their vehicles, and including that portion of the premises upon which vehicles are stacked while they wait for service.
"DWELLING." Any building or portion thereof designed or used exclusively as permanent living quarters.
"DWELLING, DETACHED." A dwelling which is not attached to any other dwellings by any means.
"DWELLING, COMMON LOT LINE." A dwelling unit that adjoins another dwelling unit at a common lot line with each dwelling unit being located on its own separate lot.
"DWELLING, MULTIPLE-FAMILY." A building consisting of three or more dwelling units.
"DWELLING, SINGLE-FAMILY." A building consisting of only one dwelling unit.
"DWELLING, TWO-FAMILY." A building consisting of two dwelling units.
"DWELLING UNIT." One or more rooms designed for occupancy by or used as separate living quarters for one family and having its own permanently installed cooking and sanitary facilities.
"ESSENTIAL GOVERNMENTAL OR PUBLIC UTILITIES SERVICES." The erection, construction, alteration, or maintenance by public utilities or municipal departments, of underground or overhead gas, electrical, steam, or water transmission or distribution systems; collection, communication, supply, or disposal systems, including poles, wire, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories (but not including buildings) in connection therewith, reasonably necessary for the furnishing of adequate service by the public utilities or municipal departments or commissions, for the public health or safety or general welfare.
"EXTRATERRITORIAL AREA OF JURISDICTION." That area outside of the municipal limits wherein the City may enforce zoning and other development regulations according to the provisions of the State Statutes.
"FAMILY."
(1) A single individual living on the premises as a separate housekeeping unit.
(2) A collective body of persons living together upon the premises as a separate housekeeping unit with a domestic relationship based upon birth, marriage, adoption, or employment as domestic servants.
(3) Two unrelated persons and any children related to either of them living together on the premises as a separate housekeeping unit.
(4) A group of not more than three unrelated persons living together on the premises as a separate housekeeping unit pursuant to a mutual housekeeping agreement (not including a group occupying a boarding or rooming house, club, fraternity, or hotel).
"FAMILY COMMUNITY RESIDENCE." A single dwelling unit occupied on a relatively permanent basis in a family environment by a group of no more than eight unrelated persons with disabilities, plus support staff either present at the dwelling unit on a 24-hour basis, or present whenever residents with disabilities are present at the dwelling.
"FAMILY DAY CARE HOME." A dwelling licensed by the State of Illinois which receives more than three, up to a maximum of 12 children for less than 24 hours per day. The number counted includes the family's natural, foster or adopted children and all other persons under the age of 12. The term does not include facilities which receive only children from a single household.
"FENCE." A constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas.
"FLOOR AREA, GROSS." The sum of the horizontal areas of the floors of a building included within the exterior walls of the building or structure, including habitable penthouses and attic space, but excluding air shafts, open porches, uninhabitable areas below ground level or in attics and interior space devoted to off-street parking.
"FLOOR AREA, NET." The total of all gross floor areas of a building or portion thereof, excluding those areas not directly devoted to the principal use or uses of the building or structure, such as stairwells, elevator shafts, utility equipment rooms, hallways, and restrooms.
"FRONTAGE." That portion of a lot abutting a street.
"GARAGE, PRIVATE." A building or portion thereof for the storage of one or more motor vehicles for persons living on the premises.
"GARAGE, PUBLIC PARKING." A building or portion thereof used by the public for the storage of parking of motor vehicles for compensation or otherwise.
"GASOLINE SERVICE STATION." A building or premises or portion thereof used for the retail sale of gasoline, oil, or other fuel, automotive parts, supplies, or accessories for motor vehicles; which may include, as an incidental use only, facilities used for polishing, greasing, washing, or otherwise cleaning or light servicing of motor vehicles.
"GRADE." The highest level of the finished surface of the ground adjacent to exterior walls of the building or structure.
“GROUND SOLAR ENERGY SYSTEM, LARGE SCALE.” An Active Solar Energy System that occupies 1,750 square feet of surface area or more.
“GROUND SOLAR ENERGY SYSTEM, SMALL SCALE.” An Active Solar Energy System that occupies less than 1,750 square feet of surface area.
"GROUP COMMUNITY RESIDENCE.” A single dwelling unit occupied on a relatively permanent basis in a family environment by a group of nine to fifteen unrelated persons with disabilities, plus support staff either present at the dwelling unit on a 24-hour basis, or present whenever residents with disabilities are present at the dwelling.
"HALFWAY HOUSE." A temporary living arrangement for persons who are receiving therapy and counseling from support staff, who are present at all times residents are present, for the following purposes: recuperating from drug and alcohol addiction, readjustment to society following imprisonment, assistance to emotionally and mentally unstable persons.
"HAZARDOUS SUBSTANCES." Substances and materials regulated by the Federal Emergency Planning and Community Right-to-Know Act of 1986.
"HOME OCCUPATION." A business activity customarily carried out for gain that is conducted within a dwelling unit by a person that resides within that dwelling unit.
"HOSPITAL." Any building or portion thereof used for diagnostic treatment and care of sick, injured or infirm persons, primarily on an inpatient basis, that is licensed as a hospital by the State of Illinois.
"HOTEL/MOTEL." A facility offering transient lodging accommodations to the general public, typically on a short term basis, and possibly providing additional related services such as restaurants, meeting rooms, entertainment and recreational facilities.
"JUNKYARD." An area that is used for the collection, storage, and handling of scrap materials and where items such as old iron or other base metals, rope, rags, waste paper, empty bottles, and other items which have outlived their usefulness are discarded to be sold or to be converted into another product.
"KENNEL." Any structure or lot on which four or more dogs or cats over four months of age are boarded, trained, or bred for remuneration or sale.
"LAKE VERMILION HIGH WATER MARK." The elevation determined by Aqua-Illinois Water Company and shown on a map provided by said company.
"LANDSCAPING." Trees, plants and other natural materials arranged so as to enhance the aesthetic value of an area of land.
"LAUNDRIES."
(1) Laundromat: A business that provides home-type washing, drying, and ironing machines for hire to be used by the customers on the premises.
(2) Commercial and industrial laundries: A business that provides washing, drying, and ironing services operated by the employees on the premises.
"LOADING SPACE." An off-street berth on the same lot as a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, which abuts upon a street, alley, or other appropriate means of access.
"LOT." A parcel of land (whether a portion of a subdivision or otherwise) occupied or intended to be occupied by one principal building and its accessory buildings, or utilized for a principal use and uses accessory thereto, together with such yards as are required under the provisions of this chapter, and having frontage on a public or private street. A lot may or may not coincide with a "lot of record".
"LOT AREA." The total area within the lot lines of a lot, excluding public streets.
"LOT, CORNER." A lot abutting upon two or more streets at their intersection, or upon two parts of the same street, the streets or parts of the same street forming an interior angle of less than 135 degrees.
"LOT COVERAGE." The area of a lot occupied by the principal building and accessory buildings.
"LOT DEPTH." The main horizontal distance between the front and the rear lot lines measured in the general direction of the side lot lines.
"LOT, INTERIOR." A lot whose side lot lines do not abut on any street.
"LOT LINE, FRONT." The line separating the lot from the street. On a corner lot, the front line shall be the street lot line having the least dimension.
"LOT LINE, REAR." The lot line or lot lines most nearly parallel to and most remote from the front lot line.
"LOT LINE, SIDE." Any lot line other than a front or rear lot line.
"LOT OF RECORD." A legally divided parcel of land which is a part of a subdivision, the plat of which has been recorded in the office of the County Recorder of Vermilion County, Illinois; or a parcel of land, the deed to which was of record as of May 26, 1959.
"LOT, THROUGH." Lot having frontage on two parallel or approximately parallel streets.
"LOT WIDTH." The mean horizontal width of the lot measured at right angles to its depth at the front building setback line.
"MANUFACTURED HOME (HUD)." A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling and attached to a permanent foundation and when connected to the required utilities, that was manufactured after June 14, 1976 to comply with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended.
"MANUFACTURED HOUSING UNIT (STATE)." Also referred to as a "panelized home", "sectionalized home", or "modular home". A structure designed for habitation as a dwelling, including necessary electrical, plumbing, heating, air conditioning and other service systems which is of closed or open construction and which is made or assembled by a manufacturer on or off the building site, said structure being intended for assembly and installation on a building site and attached to a permanent foundation which extends below the frost line.
“MEDICINAL/ADULT-USE CANNABIS BUSINESS ESTABLISHMENT.” A Medicinal and/or Adult-Use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.
“MEDICINAL/ADULT-USE CANNABIS DISPENSING ORGANIZATION.” A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per, the Compassionate Use of Medical Cannabis Pilot Program Act (P.A. 098-0122) and Cannabis Regulation and Tax Act (P.A. 101-0027) (Acts), as they may be amended from time-to-time, and regulations promulgated thereunder.
“MEDICINAL/ADULT-USE CANNABIS CULTIVATION CENTER.” A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Compassionate Use of Medical Cannabis Pilot Program Act (P.A. 098-0122) and Cannabis Regulation and Tax Act (P.A. 101-0027) (Acts), as they may be amended from time-to-time, and regulations promulgated thereunder.
“MEDICINAL/ADULT-USE CANNABIS TRANSPORTER.” An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, Compassionate Use of Medical Cannabis Pilot Program Act (P.A. 098-0122) and Cannabis Regulation and Tax Act (PA. 101-0027) (Acts).
"MENU BOARD." A free standing sign oriented to a drive through lane that advertises menu items available from the business, and which as no more than 20 percent of the total area for such a sign utilized for business identification.
"MOBILE HOME." A structure, transportable in one or more sections, which in the travel mode, is eight body feet or more in width or forty body feet or more in length, or when erected is 320 square feet or more in area, and which is built on a permanent chassis and designed to be used as a dwelling unit attached or unattached to a permanent foundation when connected to the required utilities, that was manufactured prior to June 15, 1976.
"MOBILE HOME/MANUFACTURED HOME PARK." A parcel or tract of land developed with facilities for locating three or more mobile or manufactured homes, provided each home contains a kitchen, flush toilet, and shower or bath. These parks shall be for use only by non-transient dwellers remaining continuously for more than a month, whether or not a charge is made. The term shall not include a sales lot in which motor vehicles or unoccupied trailers are parked for the purpose of inspection or sale.
"MOBILE/MANUFACTURED HOME STAND." That part of an individual mobile or manufactured home site which has been constructed with concrete for the placement of a mobile or manufactured home.
"MODULAR HOME." A structure without a permanent steel chassis designed for habitation as a dwelling for one or more persons, including necessary electrical, plumbing, heating and air conditioning and other service systems, which is of open or closed construction and which is made or assembled by a manufacturer on or off the building site. Said structure being intended for assembly and installation on a building site with a permanent foundation which extends below the frost line and which complies with all local and state codes.
"MOTOR VEHICLE." Any passenger vehicle, truck, tractor, trailer, or semi-trailer propelled or drawn by mechanical power.
"NONCONFORMING BUILDING." A building or structure or portion thereof legally existing at the time of adoption of this chapter or an amendment thereto, which does not comply with all the bulk regulations applicable to the District in which it is located.
"NONCONFORMING USE." A use of a building or land legally existing at the time of adoption of this chapter, or any amendment thereto, which does not conform with the use regulations of the District in which it is located.
"NURSING HOME." A home for the aged, chronically ill, or incurable persons, or a place of rest for those suffering bodily disorders in which three or more persons, not members of the immediate family residing on the premises, are received, kept, or provided with food, shelter, or care; but not including clinics, hospitals, or similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity cases, or mental illness.
"OPEN SALES LOT." Land used or occupied for the purpose of buying, selling, or renting merchandise stored or displayed out of doors prior to sale. Such merchandise includes but is not limited to automobiles, trucks, motor scooters, motorcycles, boats, monuments, garden supplies, or similar commodities.
“PANELIZED HOMES." A panelized home consists of factory produced wall panels constructed eight feet high and four feet to 40 feet in lengths, which is of open or closed construction. Open wall panels are sections containing exterior sheathing only, with necessary plumbing, electrical, heating and air conditioning, insulation and interior sheathing installed at the building site. Closed wall panels are shipped from the factory as complete wall units containing necessary electrical, plumbing, heating and air conditioning, insulation, interior and exterior sheathing installed and connected at the site.
"PARCEL." Any legally described piece of land in single ownership or under single control designated by the owner or developer as land to be used or developed as a unit, or that has been developed as a unit.
"PARKING AREA, PRIVATE." An open hard-surfaced area, other than a street or public way, designed, arranged, and made available for the storage of private passenger automobiles only, of occupants of the building or buildings for which the parking area is developed and is accessory to.
"PARKING AREA, PUBLIC." An open hard-surfaced area, other than a street or other public way, used for the parking of automobiles or other motor vehicles, and available to the public whether for a fee or as an accommodation for clients or customers.
"PARKING SPACE, AUTOMOBILE." Space within a public or private parking area of not less than 162 square feet (nine feet by 18 feet), exclusive of access drives, aisles, ramps, columns, or office and work areas, for the storage of a passenger automobile or a commercial vehicle under one and one-half ton capacity.
"PERMITTED USE." Any use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and performance standards, if any, of the district.
"PLANNED UNIT DEVELOPMENT." A residential, commercial, or industrial development on a parcel of land with single ownership or control, and consisting of two or more buildings having any yard, or parking or loading space in common.
"PORTABLE TEMPORARY STORAGE CONTAINER." A fully enclosed, box-like container with or without signage on one or more of its outer surfaces that is designed for temporary storage of tangible personal property. Such containers are uniquely designed for ease of loading to and from a transport vehicle.
"PREMISES." A lot together with all the buildings, structures and uses thereon.
"PRINCIPAL RESIDENCE." The place where a person resides seven months or more in a 12-month period.
"PRINCIPAL USE." A primary use of land or buildings, as distinguished from a subordinate or accessory use.
"PRIVATE SANITARY SEWAGE SYSTEM." Septic Tanks, Sand Filters, Aeration Systems, and other similar types of sanitary sewage collection/treatment facilities that are installed and maintained by private individuals or a group of private individuals.
"PROFESSIONAL OFFICE." An office utilized by members of a recognized professional occupation that is maintained for the conduct of that profession. Recognized professional occupations include: accountants, appraisers, architects, engineers, lawyers, insurance or real estate agents, surveyors, doctors, dentists, psychologists and other similar professionals.
"PUBLIC ASSEMBLY FACILITY." An enclosed facility used or intended to be used primarily for spectator sports, entertainment events, expositions and other public gatherings.
"PUBLIC BUILDING." A building or structure or portion thereof used for the operations of the Local, State, or Federal governments or any other unit of government authorized by City, State, or Federal legislation. Buildings owned by a governmental entity, which are leased or operated as a private enterprise shall not be classified as a public building.
"PUBLIC OPEN SPACE." Any publicly owned or maintained open area, including, but not limited to, the following: parks, playgrounds, forest preserves, beaches, waterways, parkways, and streets.
"PUBLIC SEWER AND WATER FACILITIES." Those water or sewer facilities of the county, state, or federal government, or the city, or of the sanitary sewer district which complies with applicable public health standards.
"RESIDENCE-BASED SCAVENGER/SALVAGE OPERATIONS" Operations conducted for remuneration generally operated out of a residence involving moving around the City in search of discarded or garage-sale items to be obtained or collected with the intent of resale from a residential location.
"RETAIL STORE." Any building or structure in which one or more articles of merchandise or commerce are sold at retail, including department stores.
"ROADWAY." That portion of a street between the regularly established curb line, or that part, improved or unimproved, which is used or intended to be used for vehicular traffic.
“ROOF MOUNTED SOLAR ENERGY SYSTEM.” An Active Solar Energy System that is structurally mounted to the roof of a building or structure.
"SATELLITE DISH OR ANTENNAS." Any of the following:
(1) A signal-receiving device (antenna, dish, or dish-type antenna), the purpose of which is to receive communication or other signals from satellites in earth orbit and other extraterrestrial sources, excludes telecommunication towers as defined herein.
(2) A low-noise amplifier (LNA) which is situated at the focal point of the receiving component, and the purpose of which is to magnify, store, transfer, or transmit electronic or light signals.
(3) A coaxial cable, the purpose of which is to carry or transmit signals to a receiver.
"SETBACK, BUILDING." The minimum distance, in linear feet, measured on a horizontal plane between the outer perimeter of a building or structure (as described in the definition of buildable area) and each of its lot lines; however, balconies may not project into an interior side yard.
"SHELTER CARE FACILITY." A facility for the sheltered care of persons with special needs, excluding such facilities defined herein as a community residence or halfway house, which, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services, and transportation, including but not limited to homeless or domestic violence shelters.
“SHOPPING CENTER.” A complex of three or more business or commercial establishments, planned, developed, and managed as a unit, and designed to share common parking facilities and common signage.
"SIGN." Any writing, pictorial representation, illustration, decoration (including any material used to differentiate sign copy from its background), landscaping form, emblem, symbol, design, trademark, banner, flag, pennant, captive balloon, streamer, spinner, ribbon, sculpture, statue, or any other figure or character that: is a structure or any part thereof (including the roof or wall of a building); or is written, printed, projected, painted, constructed, or otherwise placed or displayed upon or designed into landscaping or a structure or a board, plate, canopy, awning, marquee, or vehicle or upon any material object or device whatsoever; and by reason of its form, color, wording, symbol, design, illumination, or motion attracts or is designed to attract attention to the subject thereof or is used as a means of identification, advertisement, or announcement or political or artistic expression or decoration; but landscaping constitutes a sign only to the extent that it is planted, trimmed, graded, arranged, or installed in such a manner as to convey an explicit commercial message.
"SIGN, ANIMATED." A sign employing actual motion or the illusion of motion by means of electronic, electrical or mechanical input and/or illumination capable of simulating movement through flashing or patterned movement.
"SIGN AREA." The total surface area of the entire sign, including all parts and appurtenances thereof; except principal supports, the total cross section area of which does not exceed one square foot and on which there is no display or advertising material or any lighting. In the case of any sign having display services which are not continuous (e.g., separate letter displays or separate display surfaces), sign area shall include a theoretical display surface equal to the area of the smallest enclosure to which the combined non-continuous display surface can be fitted, and including intermediate structural supports.
"SIGN, AWNING OR CANOPY." A sign which is attached to a permanent nonstructural covering that is either permanently attached to a building or freestanding away from a building.
"SIGN, CHANGEABLE MESSAGE." A sign with the capability of content change by means of electronic, electrical or mechanical input.
"SIGN, COMMUNITY EVENT." A sign advertising or announcing a community special event or activity conducted by or sponsored by or on behalf of a local government, charitable organization or not-for-profit corporation that occurs less than twice a year.
"SIGN, DIRECTIONAL." A sign at the exit or entrance of a premises that has two or more driveways.
"SIGN FACING." Each separate surface which contains alphabetical or numerical information intended for public viewing.
"SIGN, FREESTANDING." A sign supported by one or more uprights, posts, or bases placed upon or affixed in the ground and not attached to any part of a building, including monument style and pole style signs.
"SIGN, ILLUMINATED." A sign characterized by the use of artificial light, either projecting through its surface (internally illuminated) or reflecting off its surface (externally illuminated).
“SIGN, MARQUEE.” A display sign which is attached or suspended from a marquee, canopy, or other colored structure projecting from and supported by the building, and extending beyond the building wall or building line.
“SIGN, MONUMENT STYLE.” A freestanding sign which is attached to the ground with no exposed uprights or posts, and not attached to any part of a building. The sign must employ two building materials similar to the respective building and/or brick, stone or a material otherwise specified and approved by the Zoning Administrator.
“SIGN, OUTDOOR ADVERTISING/BILLBOARD.” A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than on the lot where the sign is located.
“SIGN, POLE STYLE.” A freestanding sign supported by one or more uprights or posts that are exposed and attached to the ground and not attached to any part of a building.
“SIGN, PROJECTING.” A display sign which is attached directly to the wall of the building, and which extends more than 15 inches from the face of the wall.
"SIGN, REAL ESTATE." A sign indicating the availability for sale, rent, or lease of the specified lot or building upon which the sign is erected or displayed.
"SIGN, ROOF." A sign primarily attached to a roof surface for support which sign extends above the highest elevation of the roof. Signs attached to mansard roof sections, pitched roofs or parapet wall shall not be considered roof signs provided they do not extend above the highest elevation of said roof structures. These exceptions shall be considered wall signs.
"SIGN, SUBDIVISION." A sign advertising the general development, sale, or subdivision of land, and displayed or erected on the subject property, as distinguished from a real estate sign.
"SIGN, TEMPORARY." Any signage not permitted as a permanent sign, including a sign, banner, or other device constructed of cloth, canvas, cardboard, wall board, or other similar materials, with or without a structural frame, intended for a limited or intermittent period of display.
"SIGN, WALL." Any sign painted on, attached to, or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of the wall and extending not more than 15 inches from the face of the wall.
"SIGN, WINDOW." A sign affixed to the surface of a window with its message intended to be visible to and readable from the public way or from adjacent property.
“SMALL WIND ENERGY SYSTEM.” A Wind Energy System that has a generating capacity of 100 kilowatts or less and that is incidental and subordinate to and which generates power for the principal use of the lot on which it is situated.
"SOLID WASTE LANDFILL." A disposal site employing an engineering method of disposing of solid waste in a manner that minimizes environmental hazards by spreading, compacting to the smallest volume, and applying cover over all exposed waste at the end of each operating day.
"SPECIAL USE." Use for which a special permit, issued in accordance with Article IX of this Ordinance, is required prior to the commencement of that use.
"SPECIALTY SCHOOL." A secondary or higher education facility primarily teaching skills that prepare students for a job in a trade or business, commonly referred to as a vocational school.
"STORMWATER DETENTION." Any storm drainage technique that retards or detains runoff such as detention or retention basin, parking lot storage, roof top storage, dry wells, porous pavement or any combination thereof.
"STORMWATER MANAGEMENT." Any management technique that controls or manages the path storage or rate of release of storm water runoff. Such facilities include storm sewers, retention and detention basins, drainage channels, drainage swale, inlet or outlet structures or other similar facilities.
"STORY." That portion of a building included between the surface of any floor and the surface of the floor next above it, or. if there are no floors above, then the space between the floor and the ceiling next above.
"STREET." Any public right-of-way containing a roadway which affords the primary means of vehicular access to abutting properties. An alley shall not be considered a street.
"STRUCTURE." Anything constructed or erected with a fixed location on the ground, but not including poles, lines, cables, and other transmission and distribution facilities of public utilities.
"STRUCTURAL ALTERATION." Any change in the supporting members of a building, such as bearing walls, columns, beams, or girders; or any substantial change in the roof or the exterior walls; excepting such repairs or replacement as may be required for the safety of the building.
"TELECOMMUNICATION TOWER." Any structure that is constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, cellular telephone towers, and the like.
"TRAILER - COMMERCIAL." A structure or vehicle without motive power, used or adaptable for business or storage purposes, having no foundation other than wheels. When used for business purposes, a trailer must comply with applicable building, electrical, and plumbing codes and zoning area-bulk requirements.
"TRAVEL TRAILER." A trailer designed and constructed to be towed by a motorized vehicle and intended to provide temporary living quarters for campaign, recreational travel or vacation use.
"USE." The purpose or activity for which land or buildings thereon is designed, arranged, or intended, or for which it is occupied or maintained.
"VARIATION/VARIANCE." A deviation from the bulk requirements of this chapter granted when such deviation will not be contrary to the public interest and where, due to conditions unique to the property, a literal enforcement of the chapter would result in unnecessary hardship.
"VETERINARY HOSPITAL - LARGE ANIMAL." An establishment designed or used for the care, observation, or treatment of large domestic animals such as livestock or horses, and other predatory or wild animals.
"VETERINARY HOSPITAL - SMALL ANIMAL." An establishment designed or used for the care, observation, or treatment of small domestic animals, which shall include all animals, other than livestock or animals considered predatory or wild, which is kept either inside or outside a dwelling unit.
"WHOLESALE ESTABLISHMENT." A business establishment engaged in selling to retailers or jobbers rather than to consumers.
“WIND ENERGY SYSTEM.” A wind turbine and all directly supporting components, including any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter and batteries in such configuration as necessary to convert the power of wind into mechanical or electrical energy.
"YARD." An open space not occupied or obstructed by any structure or portion of a structure except as otherwise provided for herein.
"YARD, FRONT." A yard extending across the full width of the lot between the front lot line and the nearest line or point of the principal building.
"YARD, REAR." A yard extending across the full width of the lot between the rear lot line and the nearest line or point of the principal building.
"YARD, SIDE." A yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the principal building.
"ZONING ADMINISTRATOR." The Director of the Department of Public Development or an individual assigned by the Director to enforce the provisions of this chapter.
"ZONING AREA." The geographic area to which this chapter applies, including all land within the City limits and those lands within one and one-half miles of the City limits that have been designated on the Official Zoning Map for inclusion.
"ZONING DISTRICT." An area into which the zoning area has been divided in order to apply uniform zoning regulations and requirements.
(Am. Ord. 8912, passed 12-17-13; Am. Ord. 8959, passed 9-16-14; Am. Ord. 9060, passed 7-19-16; Am. Ord. 9162, passed 8-21-18; Am. Ord. 9229, passed 11-19-19; Am. Ord. 9384, passed 8-16-22)