For the purposes of this chapter and in order to carry out its provisions and intentions, certain words, terms, and phrases shall be deemed to have the meaning ascribed to them in this section. The word USED as applied to any land or structure shall be construed to include ARRANGED, DESIGNED, MAINTAINED, OCCUPIED, and INTENDED. The word BUILDING shall include the word STRUCTURE, or PREMISES; the work LOT shall include the word PLOT or PARCEL; the word PERSON includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. Words in the singular number include the plural, and those in the plural number include the singular. Words used in the present tense shall include the future. The word SHALL is mandatory. The following words, terms, and phrases are hereby defined and shall be interpreted as such throughout this chapter.
ACCESSORY BUILDINGS OR USES. A building or use located on the same lot as the main building or main use and incidental to the use of the main building or incidental to the main use of the lot. An accessory building or structure may be part of or separate from the main building.
AGRICULTURAL ACTIVITY. Agricultural activity includes forests and forest products, harvest and management, dairy farming, livestock grazing and pasturage, truck gardening, and raising of crops, fruit, and nursery stock, fish farms, animal kennels and fur bearing animal farms, and the harvesting, processing, packaging, packing, shipping, and selling of products produced on the premises, and incidental farm occupations and excluding commercial feed lots.
ALLEY. A public thoroughfare which affords only a secondary means of access to abutting property.
APARTMENT. A room or suite of rooms in a multi-family dwelling, or where more than one unit is established above non-residential uses, a room or suite of rooms intended or designed for use as a residence by a single family.
AUTOMOBILE SERVICE STATION. Any land, building, structure, or premises used for the retail sale of motor vehicle fuels, oils, or accessories, or for servicing or lubricating motor vehicles or installing or repairing parts and accessories, but not including the repairing or replacing of motors, bodies, or fenders of motor vehicles or painting motor vehicles.
AVERAGE GROUND ELEVATION. The average level of the finished surface of the ground adjacent to the exterior walls of a building or structure.
BASEMENT. A part of a building between a floor and the ceiling above it having at least one-half of its height above the average ground elevation. A BASEMENT is counted as a story for the purposes of height regulations if used for dwelling purposes.
BOARDING HOUSE. A building, other than a hotel, where for compensation and by prearrangement for definite periods, lodging, meals or lodging and meals are provided for no more than five persons.
BUILDABLE AREA OF A LOT. The portion of a lot free of easements and bounded by the building lines designating the required front, rear, and side yards.
BUILDABLE WIDTH. The width of a lot left to be built upon after the side yards are provided.
BUILDING. Any structure built or maintained for the shelter or enclosure of persons, animals, chattels, or property of any kind.
BUILDING LINE. A line on a lot, parallel to a lot line or street right-of-way line at sufficient distance to provide the required yards.
CLINIC. An establishment where patients are not lodged overnight but are admitted for examination and treatment by a group of physicians or dentists practicing medicine together.
CLUB, PRIVATE. An organization catering exclusively to members and their guests.
CONDITIONAL USE. A use allowed in a zoning district after a permit is granted by the Village Board.
COMMISSION. The Village Planning Commission of De Land.
CONVENTIONAL DWELLING. A residential unit not a modular home which is constructed at its permanent location in conformance with all applicable building codes or, if no building codes are applicable, then in conformance with the BOCA National Building Code.
COUNTY. Piatt County, Illinois.
DISTRICT. A part of the village designated on the zoning map and subject to the regulations established in this chapter. Also known as a ZONE.
DRIVE-IN ESTABLISHMENT. One which accommodates the patrons’ automobiles, from which the occupants may watch, purchase, or otherwise conduct business from automobiles. This includes restaurants for which there are no accommodations for eating indoors.
DWELLING. Any building (excluding travel trailer and mobile home) which is exclusively designed for or occupied exclusively by one family.
DWELLING, APARTMENT. A room or suite of rooms in a multi-family dwelling or where more than one unit is established above non-residential uses, a room or suite of rooms intended or designed for use as a residence by a single family.
DWELLING, MULTI-FAMILY. A dwelling designed for or occupied by more than one family.
DWELLING UNIT. One room or a suite of rooms in a dwelling and designed for or used by one family for living and sleeping purposes.
FAMILY. Two or more persons related to each other by blood, marriage, or legal adoption, living together as a single housekeeping unit; or a group of not more than three persons, who need not be related by blood, marriage or legal adoption, living together as a single housekeeping unit and occupying a single dwelling unit.
GARAGE, PRIVATE. A detached accessory building or an accessory building which is attached to the main building, designed for the housing of automobiles which are the property of, and for the use of, the occupants of the lot on which the garage is located. This terms shall include, but shall not be limited to, such structures as “carports”.
GARAGE, PUBLIC. Any building or premises, except those used as private garages, used for equipping, repairing, hiring, selling or storing motor driven vehicles.
GRADE. The average level of the finished surface of the ground adjacent to the exterior walls of the building.
HEIGHT OF BUILDING. The vertical distance from the grade to:
(1) The highest point of a flat roof;
(2) The deck line of a mansard roof; or
(3) The average height between eaves and ridge for gable, hip, and gambrel roofs.
HOME OCCUPATION. Any occupation or activity which is clearly incidental and secondary to use of the premises for dwelling purposes.
HOTEL. A building in which lodging or lodging and board are provided and offered to the public for compensation and which is customarily open to transient guests.
INSTITUTION. A nonprofit establishment for public use or public service.
LANDSCAPED AREA. An area that is devoted and maintained to the growing of shrubbery, grass or other plant and ornamental material.
LOADING SPACE. Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street LOADING SPACE is not to be included as off-street parking space in computation of required off-street parking space.
LOT. A parcel of land occupied or suitable for occupancy by a use permitted by this chapter, including one main building or use, with accessory buildings, the open spaces and parking spaces required by this chapter, and contiguous to a street or upon an officially approved place.
LOT, CORNER. A lot located at the intersection of two or more streets where the corner interior angle formed by the intersection of the two streets is 135 degrees or less; a lot abutting upon a curved street or streets if tangents to the curve, at the two points where the lot lines meet the curve, form an interior angle of less than 135 degrees.
LOT, DOUBLE FRONTAGE. A lot fronting on two nonintersecting streets, as distinguished from a corner lot.
LOT, INTERIOR. A lot other than a corner lot, or double frontage lot, fronting only one street.
LOT, ZONING. A parcel of land, composed of one or more recorded lots, occupied or to be occupied by a principal building or buildings or principal use or uses along with permitted accessory buildings or uses, meeting all the requirements for area, buildable area, width, yards, and any other requirements set forth in this chapter.
LOT LINE, FRONT. The line dividing a lot from a street from which legal access is available.
LOT LINE, REAR. The lot line opposite the front lot line. In case of a three-sided lot, it shall mean a line within the lot, ten feet long, concentric with and at the maximum distance from the front lot line. In case of an irregular sided lot, it shall mean one or more lines opposite the front lot line.
LOT LINE, SIDE. Any lot line other than a front or rear lot line.
LOT LINES. The property lines or other lines bounding a lot.
LOT OF RECORD. A lot designated on a subdivision plat or deed, duly recorded pursuant to the statute in the County Recorder’s office.
LOT WIDTH. The width of a lot at the front lot line.
MAIN BUILDING. See PRINCIPAL BUILDING.
MAIN USE. See PRINCIPAL USE.
MANUFACTURED HOME. A broad term referring to both MOBILE HOMES and MODULAR HOMES, as defined herein, and excluding motor homes, travel trailers, campers, and tents.
MOBILE HOME. All residential units which are not a CONVENTIONAL DWELLING or a MODULAR HOME are deemed a MOBILE HOME. Any alternation of a MOBILE HOME will not qualify it as CONVENTIONAL DWELLING or MODULAR HOME unless such alterations enable the unit to meet all applicable building codes or, if no building codes are applicable, then in conformance with the BOCA National Building Code.
MOBILE HOME PARK. An area of land upon which two or more occupied mobile homes are harbored either free of charge or for revenue purposes, and shall include any building, structure, vehicle or enclosure used or intended for use as a part of the equipment of such MOBILE HOME PARK.
MODULAR HOME. A residential unit which is a factory-built building or building assembly or system of building sub-assemblies designed for habitation by one or more persons, including the necessary electrical, plumbing, heating, ventilating, and other service systems whether of a closed or open construction, which is built in conformance with applicable building codes or, if no building codes are applicable, then in conformance with the BOCA National Building Code.
MOTEL. A building designed for transient occupancy containing rooms or suites with separate entrances, providing living, sleeping, and toilet facilities. A general kitchen and a dining room may be provided.
NONCONFORMANCE. A nonconformance is a nonconforming lot, structure or use which lawfully existed before this chapter or future amendments but which is prohibited in the district in which it exists under the terms of this chapter.
NONCONFORMING USES. Any building or land lawfully occupied by a use, or in the case of a building, lawfully situated at the time of the passage of this chapter or amendments thereto, which does not conform after passage of this chapter or amendment thereto with the regulations of this chapter.
NURSERY SCHOOL. A school or other instructional facility for preschool children.
NURSING HOME. A home for the aged or infirm in which three or more persons not of the immediate family are received, kept or provided with food and shelter, or care for compensation; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
PARKING SPACE, OFF-STREET. A paved area, enclosed or unenclosed connected with a street, road, or alley and permitting ingress and egress of an automobile without the necessity of moving any other automobiles.
PERMITTED USES. Those uses permitted by right. An applicant for a building permit must be given a permit if he or she complies with all requirements of this chapter.
PREMISES. A lot together with all buildings and structures thereon.
PRINCIPAL BUILDING. The main building upon a lot or the buildings which houses the principal use of the premises. See ACCESSORY BUILDINGS or USE.
PRINCIPAL USE. The specific primary use of the land or building.
SPOT ZONING. The rezoning of a relatively small area into a district which is unrelated to the immediate area or the general plan for the community. Such rezoning may be a special privilege or an inconsistent restriction of one property which is not made applicable to others. A zoning pattern once established and relied upon must be sufficiently stable to accomplish the purposes of the plan and to protect those who comply with the law.
STORE, RETAIL. A store from which 80% of the sales are of that type of goods which are received directly at the store by or which are delivered from the store to the ultimate consumer. The qualifying percentage for a retail store shall be based on total sales and sales subject to the state retailers occupational tax.
STORE, WHOLESALE. A store at which goods are sold for delivery on or from the premises to a person other than the ultimate consumer. Should a store not qualify as a retail store, it shall be deemed to be a wholesale store.
STREET. A place or way, however designated, for vehicular travel which affords principal means of access to abutting property.
STREET CENTERLINE. A line halfway between the street lines.
STREET LINE. The right-of-way line of a street.
STRUCTURE. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, STRUCTURES include buildings, walls, and signs.
STRUCTURAL ALTERATIONS. Any change except those required by law or ordinance, which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders, not including openings in bearding walls as permitted by other ordinances.
TOURIST HOME. A building originally designed for or occupied by a family or families in which there is provided lodging for transient guest.
USE. The purpose or activity for which land, or any structure thereon, is designed, arranged, or intended, or for which it is occupied or maintained.
USE VARIATION. A variation that would allow a use of property that would otherwise be prohibited in the district in which it is located.
VARIATION. A relaxation of the strict terms of the zoning ordinance in order to provide relief for a property owner (or occupant) upon whom the zoning ordinance has imposed undue hardship or difficulty. Usually variation applications request relief from required lot sizes and widths, setbacks, and minimum yards. VARIATIONS should be granted only to provide relief in unusual situations which were not intended or foreseen when the comprehensive zoning ordinance was adopted. No VARIATION should be granted unless it will be in harmony with the general intent and purpose of the ordinance.
VILLAGE. The village of De Land, Illinois.
YARD. An open space between a lot line and a building line in which no structure may be located except as provided in § 157.19 of this chapter.
YARD, FRONT. A yard extending across the front of a lot between the side lot lines.
YARD, REAR. A yard extending across the rear of a lot between the side lot lines.
YARD, SIDE. A yard between the main building and the side lot line and extending from the front yard line to the rear yard line.
ZONE. An area of the village designated on the zoning map and subject to the regulations established in this chapter. Also called a DISTRICT.
ZONING LOT. See LOT, ZONING.
(Ord. passed 2-5-1979; Ord. 00-1, passed 4-3-2000; Ord. passed - -2005)