For the purpose of this title, certain terms and words are hereby defined as follows:
ACCESSORY BUILDING AND USE: An "accessory building" is a subordinate building, located on the same lot as the main building, the use of which is naturally and normally incidental to that of the dominant use of the main building or land. An "accessory use" is one which is naturally and normally incidental to the main use of the premises.
ALLEY: A way which affords only a secondary means of access to property abutting thereon.
APARTMENT: A room or suite of rooms intended, designed or used as a residence by a single family.
APARTMENT HOUSE: See definition of dwelling, multiple.
AUTOMOBILE SERVICE ESTABLISHMENT: An establishment engaged in the service or repair of automobiles, trucks of less than twelve thousand (12,000) pounds' gross weight, recreational vehicles, boats and motorcycles, and reconditioning and repair of parts and accessories for such vehicles. Service and repair may include general repair, rebuilding or reconditioning of engines, vehicle collision service, body repair and frame straightening; painting and upholstering; vehicle steam cleaning, undercoating and machining of parts.
BASEMENT: A story partly underground and having at least one- half (1/2) of its height above the average level of the adjoining ground. A basement shall be counted as a story if subdivided and used for dwelling or business purposes, other than for the quarters of a watchman or janitor.
BED AND BREAKFAST ESTABLISHMENT: A building where, for compensation and by arrangement, lodging (in not more than 5 lodging rooms) and a breakfast meal is provided for transient guests in addition to the resident family.
BOARDING HOUSE OR LODGING HOUSE: A building where, for compensation and by arrangement, lodging (in not more than 5 lodging rooms) and meals are provided for persons in addition to the resident family.
BUILDING: Any structure having a roof supported by columns or walls for support, enclosure, shelter or protection of persons, animals, chattels or property of any kind.
BUILDING, HEIGHT OF: The vertical distance from the grade (elevation of the sidewalk of the average level of the finished surface of the ground adjacent to the structure) to the highest point of the coping of a flat roof, or to the deck line of mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.
CAR WASH: A structure or portion thereof containing facilities for washing private passenger vehicles, using automatic methods with a chain conveyer, blower, steam cleaning device or other mechanical devices; or providing space and equipment for the hand washing, cleaning or polishing of passenger vehicles, whether by the customer or the operator, but not including truck wash facilities.
CELLAR: That portion of a building between floor and ceiling which is wholly or partly below grade, and having more than one-half (1/2) of its height below grade.
CLINIC: An establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists, or other members of the healing arts practicing together.
CLUB: A building or portion thereof or premises owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
DAYCARE CENTER: Any childcare facility, with or without stated educational purposes, receiving six (6) or more children for care during all or part of a day, licensed and operated under the provisions of the Child Care Act of the State of Illinois.
DEVELOPMENTAL HANDICAPPED HOME: A facility licensed by the State of Illinois providing professionally supervised living accommodations for three (3) or more developmentally delayed or developmentally handicapped persons who are deemed by the licensing agency to be capable of living and functioning in the community.
DISTRICT: Any section of the Village of Dieterich for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform.
DRIVE-IN ESTABLISHMENT: An establishment which provides or is designed to provide, either wholly or in part, parking of patron automobiles from which the occupants may watch entertainment, purchase goods or services, or transact business. (See also definition of restaurant, drive-in.)
DWELLING: Any building or portion thereof which is designed for or used exclusively for residential purposes, but not including trailers and mobile homes.
DWELLING, ATTACHED SINGLE-FAMILY: A dwelling unit having its own ground floor entrance, joined to two (2) or more dwelling units by party walls, or other horizontally unifying structural element, each self-sufficient with utilities, and designed for or occupied exclusively by one (1) family.
DWELLING, MULTIPLE: A dwelling designed for or occupied exclusively by three (3) or more families.
DWELLING, SINGLE-FAMILY: A dwelling designed for or occupied exclusively by one (1) family.
DWELLING, TWO-FAMILY (DUPLEX): A dwelling designed for or occupied exclusively by two (2) families, with each dwelling unit having its own ground floor entrance, joined to only one (1) other dwelling unit by a party wall, or other horizontally unifying structural element.
DWELLING UNIT: One (1) or more rooms which are arranged, designed or used as living quarters for one (1) family only, and which includes complete bathroom and kitchen facilities permanently installed to serve the family.
FAMILY: One (1) or more persons related by blood, marriage, or adoption, occupying a dwelling and living as a single housekeeping unit and doing their own cooking on the premises, as distinguished from a group occupying a boarding house, lodging house, or hotel, as defined in this section.
FILLING STATION: Any building, structure, or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories, including lubrication or washing of automobiles and replacement or installation of minor parts and accessories, but not including major repair work such as motor replacement, body, fender repair or spray painting, or outside storage of vehicles.
FLOOR AREA: The sum of the gross horizontal areas of all floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating buildings, but not including garages, unenclosed porches, and cellar or basement space.
FOUNDATION, PERMANENT: A structural building support extending from below the frost line up to the structure and made of cast-in-place concrete, or concrete blocks mortared together.
FRONTAGE: All property on one (1) side of a street between two (2) intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead ended, then all of the property abutting on one (1) side between an intersecting street and the dead end of the street.
GARAGE, PRIVATE: An accessory building designed or used for the storage of not more than four (4) motor driven vehicles owned and used by the occupants of the building to which it is accessory, and not storing more than one (1) commercial vehicle or any vehicle which exceeds two (2) tons' capacity.
GARAGE, STORAGE OR PARKING: A building or portion thereof designed or used exclusively for term storage, by pre- arrangement, of motor-driven vehicles, as distinguished from daily storage furnished transients, and within which motor fuels and oils may be sold, but no motor-driven vehicles are equipped, repaired, hired or sold.
HOME OCCUPATION: A business, occupation or profession conducted within a dwelling unit by a person residing within that dwelling unit which is clearly incidental to the primary residential use of the structure; and provided, that:
A. The occupation shall be conducted wholly within a building or buildings;
B. Outdoor storage in connection with the occupation shall be allowed; provided, that the storage area is fenced with an opaque fence at least eight feet (8') in height;
C. One (1) sign not greater than six (6) square feet in size shall be permitted on the premises; the sign shall not be lit;
D. There shall be no commodity sold or services rendered that require delivery or shipment of merchandise, goods, or equipment by other than passenger-sized motor vehicles, three-quarter to step-up van or similar sized trucks;
E. There shall be no perceptible noise, odor, smoke, electrical interference or vibrations emanating from the structure in which the home occupation functions; and
F. The home occupation shall be conducted in such a manner that it does not create parking or traffic congestion for the abutting or adjoining neighbors or for the immediate neighborhood.
HOTEL, MOTEL OR MOTOR HOTEL: An establishment containing guestrooms exclusively for occupancy by transient guests and which provides customary hotel services such as: maid, telephone and secretarial, bellboy and desk services; and the use and upkeep of furnishings and laundry of linens.
INSTITUTION: A building occupied by a non-profit corporation or a nonprofit establishment for public use.
LAUNDROMAT: An establishment providing home type washing, dry cleaning, drying or ironing machines for hire to be used by customers on the premises.
LOADING SPACE: A space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks, and having a minimum dimension of twelve feet by one hundred feet (12' x 100') and a vertical clearance of at least fourteen feet (14').
LODGING ROOM: Any habitable room, or group of not more than two (2) habitable rooms forming a habitable unit, occupied or intended to be occupied by not more than two (2) persons for living and sleeping, but not used for cooking purposes.
LOT: A parcel of land occupied or intended for occupancy by a use permitted in this title, including one (1) main building, together with its accessory buildings, the open spaces and parking spaces required by this title, and having its principal frontage upon a street or upon an officially approved place.
LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection.
LOT, DOUBLE FRONTAGE: A lot having a frontage on two (2) nonintersecting streets as distinguished from a corner lot.
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 in Effingham County; or parcel of land, the deed of which was recorded in the Office of the Recorder of Deeds Effingham County.
MINI-WAREHOUSE: A building or group of buildings that contains individual compartmentalized and controlled access stalls or lockers for the dead storage of the customer's goods or wares.
MOBILE HOME (HOUSE TRAILER): A movable or portable dwelling over thirty two feet (32') in length and over eight feet (8') wide, constructed to be towed on its own chassis, connected to utilities and designed without a permanent foundation for year-round occupancy, which can consist of one (1) or more components that can be retracted for towing purposes and subsequently expanded for additional capacity, or of two (2) or more units separately towable but designed to be joined into one (1) integral unit.
MOBILE HOME PARK (TRAILER PARK): A lot on which are located or which is arranged or equipped for the accommodation of two (2) or more mobile homes occupied for living purposes.
MODULAR HOME: See definition of relocatable home.
MOTEL: See definition of hotel, motel or motor hotel.
MOTOR COURT OR MOTEL: A building or group of buildings used for the temporary residence of motorists or travelers.
NONCONFORMING USE: The use of land or a building, or portion thereof, which use does not conform with the use regulations of the district in which it is situated.
PARKING AREA: An open, unoccupied space used or required for use for parking of automobiles exclusively and in which no gasoline or automobile accessories are sold or no other business is conducted and no fees are charged.
PARKING SPACE: A surfaced area, enclosed in the main building or in an accessory building, or unenclosed, having an area of not less than one hundred eighty (180) square feet, exclusive of driveways, permanently reserved for the temporary storage of one (1) automobile and connected with a street or alley by a surfaced driveway which affords satisfactory ingress and egress for automobiles.
PARTY WALL: A fire separation wall on an interior lot line used or adapted for joint service between two (2) single- family dwelling units providing not less than one (1) hour fire resistance separation.
PORTABLE SIGN: A sign of a temporary nature, not securely anchored to the ground or to a building or structure, and which obtains some or all of its structural stability by means of its configuration.
RELOCATABLE HOME: A moveable or portable dwelling with a floor area of at least one thousand (1,000) square feet, designed and constructed without a carriage or hitch, as a stationary house constructed for placement upon a permanent foundation, to be connected to utilities, for year-round occupancy. It is capable of being separated from its foundation and utilities and relocated. It can consist of one (1) or more components that can be retracted when transported and subsequently expanded for additional capacity, or of two (2) or more units separately transportable, but designed to be joined into one (1) integral unit.
RESTAURANT: An establishment, the sole business of which is the sale of food or beverages to customers for consumption on the premises. The food is consumed only on the premises and all dishes cleared by the staff of the establishment in preparation for the next customer.
RESTAURANT, CARRYOUT: An establishment, the principal business of which is the sale of food or beverages to the customer in the ready-to-consume state for consumption off the premises.
RESTAURANT, DRIVE-IN: An establishment, the principal business of which is the sale of food or beverages in the ready-to- consume state, all or part of which is served directly to the customer in a motor vehicle.
RESTAURANT, FAST FOOD: An establishment, the principal business of which is the sale of food or beverages in a ready- to-consume state, for consumption on or off the premises, and which is served in edible containers or in paper, plastic or other disposable containers.
STORY: That part of a building, other than a cellar or basement (except 1 used for business or residence), included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.
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; except, that any partial story used for residence purposes, other than for a janitor or caretaker or his family, or by a family occupying the floor immediately below it, shall be deemed a full story.
STREET: A public or private thoroughfare which affords the principal means of access to abutting property.
STREET LINE: A dividing line between a lot, tract or parcel of land and a contiguous street.
STRUCTURAL ALTERATIONS: Any change in the supporting members of a structure, such as bearing walls, columns, beams, girders, or doors, other than a change in windows or a minor alteration which affects primarily the appearance and not the life of the structure or overall dimensions of the building.
STRUCTURE: Anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground including, but without limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts and pergolas, and fences.
TEMPORARY ACCESSORY STRUCTURE OR FACILITY: An independent structure or enclosed facility that is purposely constructed for transport on highways or by rail from one location to another location such as a travel trailer, mobile home, cargo trailer, bus or railroad car - with or without wheels, tongue or supporting frame removed or other modification.
TRAVEL TRAILER: A vehicular, portable structure built on a chassis and designed to be used for temporary occupancy for travel, recreational or vacation use.
TRUCK SERVICE CENTER: An establishment engaged in the service or repair of automobiles, trucks, all sizes of commercial or private vehicles of more than twelve thousand (12,000) pounds and reconditioning and repair of parts and accessories of such vehicles. Service and repair may include general repair, rebuilding or reconditioning of engines, vehicle collision service, body repair and frame straightening; painting and upholstering; vehicle steam cleaning; undercoating and machining of parts.
TRUCK WASH: A structure, or portion thereof, containing facilities for washing, cleaning or polishing autos, trucks, buses or other commercial vehicles using automatic methods with a chain conveyer, blower, steam cleaning device or other mechanical devices or providing space and equipment for the hand washing, cleaning or polishing of autos, trucks, truck trailers, buses or other commercial vehicles, whether by the customer or the operator.
WIRELESS COMMUNICATIONS FACILITY: Any facility used for the transmission and/or reception of wireless telecommunications services, and consisting of all or a part of the following: an antenna array, connection cables, an equipment facility, and a support structure.
YARD: An open space between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein, and measured as the minimum horizontal distance between the lot line and the main building.
YARD, FRONT: A yard extending across the front of a lot between the side yard lines and measured between the street line and the main building or any projections thereof other than the projections of the usual uncovered steps, uncovered balconies, or uncovered porches.
YARD, REAR: A yard extending across the rear of a lot between the side lot lines and measured between the rear lot line and the rear of the main building or any projections thereof other than the projections of uncovered steps, unenclosed balconies or unenclosed porches. On all lots, the rear yard shall be at the opposite end of the lot from the front yard.
YARD, SIDE: A yard between the main building and the side line of the lot, and extending from the front lot line to the required rear yard. (Ord. 487, 1-7-2002, eff. 2-6-2002; amd. Ord. 705-12, 6-4-2012; 2017 Code; Ord. 1030-2020, 6-1-2020)