In the construction of this title, the rules and definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise.
A. Words used in the present tense shall include the future, words used in the singular number shall include the plural number, and the plural the singular.
B. The word "shall" is mandatory and not discretionary.
C. The word "may" is permissive.
D. The word "lot" shall include the words "plot", "piece", and "parcel"; the word "building" includes all other structures of every kind, regardless of similarity to buildings; and the phrase "used for" shall include the phrases "arranged for", "designed for", "intended for", "maintained for", and "occupied for".
ACCESSORY BUILDING OR USE:
A. An "accessory building or use" is one which:
1. Is subordinate to and serves a principal building or principal use.
2. Is subordinate in area, extent or purpose to the principal building or principal use served.
3. Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served.
4. Is located on the same zoning lot as the principal building or principal use served with the single exception of such accessory off street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served.
5. For a minor accessory building, occupies not more than five percent (5%) of the area of the lot on which the principal building is situated, and:
a. In a residentially zoned district shall not exceed fifteen feet (15') in height (to the top of the structure), and
b. In all other zoned districts is not higher than the principal building.
6. For a major accessory building, occupies not more than ten percent (10%) of the area of the lot on which the principal building is situated, and:
a. In a residentially zoned district shall not exceed fifteen feet (15') in height (to the top of the structure), and
b. Cannot exceed ninety percent (90%) of the footprint of the principal building.
c. In all other zoned districts is not higher than the principal building.
7. Limits accessory buildings so no more than two (2) accessory structures shall be permitted on any residential lot less than five thousand (5,000) square feet. No more than three (3) on any zoning lot less than ten thousand (10,000) square feet and no more than four (4) on any zoning lot more than ten thousand (10,000) square feet.
B. An "accessory use" in residential zoning districts includes, but is not limited to, the following:
1. A swimming pool, private greenhouse, gazebo and pergolas. Gazebo and pergolas are limited to two hundred (200) square feet.
2. A detached private residential garage, shed or building for domestic storage.
3. Incinerators and air conditioning units incidental to residential use.
4. A children's "playhouse", defined as a freestanding structure, exclusively for the use of children.
5. A "tree house", defined as a structure that utilizes one or more trees for structural support exclusively. Engineered design if structure is over one hundred (100) square feet.
C. An "accessory use" in business or commercial zoning districts includes, but is not limited to, the storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless storage is excluded by the district regulations. No accessory structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.
ACREAGE: Any tract or parcel of land which has not been subdivided and platted.
ADULT-USE CANNABIS BUSINESS ESTABLISHMENT: An adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.
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 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 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 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 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 ORGANIZATION OR 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 PROCESSING ORGANIZATION OR 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.
ADULT-USE CANNABIS TRANSPORTING ORGANIZATION OR 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, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
AGRICULTURAL BUILDING OR STRUCTURE: Shall imply any building or structure existing or erected on land used principally for agricultural purposes, with the exception of dwelling units.
AGRICULTURE: The use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture and animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.
"Agriculture" shall not include the commercial feeding of garbage or offal to swine or other animals, the commercial feeding of animals on open lots where no feed is raised on the premises, or the commercial feeding of fur-bearing animals, poultry broilers, or laboratory animals such as mice, rabbits, rats, etc.
AIRCRAFT: Any contrivance, now known or hereafter invented, for use in or designed for navigation of or flight in the air.
AIRPORT (LANDING STRIP, HELIPORT, OR AIRCRAFT STOP): Any premises which are used or intended for use for the landing and take off of aircraft, and any appurtenant areas which are used or intended for use for buildings incidental to aircraft services, together with all buildings and structures thereon.
ALLEY: A narrow thoroughfare upon which abuts generally the rear of premises or upon which service entrances of buildings abut, and which is not generally used as a thoroughfare by both pedestrians and vehicles, or which is not used for general traffic circulation or which is not in excess of thirty feet (30') in width at its intersection with a street.
APARTMENT: One or more rooms in an apartment building or combination apartment and commercial building, arranged, intended or designed or occupied as a dwelling unit of a single family, an individual, or a group of individuals.
APARTMENT BUILDING: A multiple-family dwelling originally designed and constructed to accommodate five (5) or more apartments, designed with more than one dwelling unit connecting to a common corridor or entrance way in contrast to single- or two-family dwellings converted for multiple-family use or attached row dwellings (party-wall type) as defined herein.
AUTO REPAIR, MAJOR: Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame, or fender straightening or repair, and overall painting of vehicles.
AUTO REPAIR, MINOR: Incidental repairs, replacement of parts, and motor service to automobiles, but not including any operation specified under "automobile repair, major".
AUTOMOBILE AND 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 LAUNDRY: 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.
AUTOMOBILE SERVICE STATION: Any building or premises used for the dispensing, sale, or offering for sale at retail to the public, automobile fuels located wholly within the lot lines; lubricating oil or grease for the operation of automobiles; and the sale and installation of tires, batteries, other minor accessories, and minor auto repair, but not including major auto repairs, automobile wrecking, automobile sales, or automobile laundries; provided, however, that the washing of individual automobiles where no chain conveyor is employed may be included. When the dispensing, sale, or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage.
"Automobile service station" shall not include the sale or storage of trucks or "junkers" as defined herein, except trucks used in the operation of the service station, and shall not include a bulk plant.
AUTOMOBILE WRECKING: The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or their parts.
BASEMENT: A story having part but not more than one-half (1/2) of its height below grade. A basement is counted as a story for the purpose of height regulation if subdivided and used for dwelling purposes other than by a janitor employed on the premises.
BILLBOARD: See definition of Sign, Advertising.
BLOCK: That property on one side of a street between two (2) adjacent streets which intersect the street in question.
BOARD: The zoning board of appeals.
BOARDING HOUSE: A building or premises where meals are regularly served by prearrangement for definite periods of compensation for three (3) or more persons, not a family, but not exceeding twelve (12) persons, not open to transient guests, in contradistinction to hotels or restaurants open to transients.
BUILDABLE AREA: The space remaining on a zoning lot after the minimum open space requirements of this title have been complied with.
BUILDING: A structure having a roof, supported by columns or walls, for the shelter, support, or enclosure of persons, animals, or chattels, and when separated by division walls from the ground up and without openings, each portion of such building shall be deemed as a separate building.
BUILDING AREA: The maximum horizontal projected area of a building and its accessory buildings, excluding only cornices projecting not more than twenty four inches (24"), open steps, and terraces.
BUILDING, COMPLETELY ENCLOSED: A building separated on all sides from the adjacent open space, or from other buildings or other structures by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.
BUILDING, DETACHED: A building surrounded by open space, said open space being on the same zoning lot as the building.
BUILDING LINE: A line between which and any street line of a district, lot, tract, or parcel of land, no buildings or parts of buildings may be erected, altered, or maintained.
BUILDING LINE SETBACK: The distance between the building line and the street line in a district, lot, tract, or parcel of land.
BUILDING, NONCONFORMING: See definition of Nonconforming Building.
BUILDING, PRINCIPAL: A nonaccessory building in which a principal use on the zoning lot on which it is located is conducted.
BUILDING, UNIT GROUP: Two (2) or more buildings (other than dwellings) grouped upon a lot and held under one ownership, such as universities, hospitals, institutions, churches and temples, and industrial plants.
BULK: The term used to indicate the size and setbacks of buildings or structures and location of same with respect to one another and includes the following:
A. Size and height of buildings;
B. Location of exterior walls at all levels in relation to lot lines, streets, or to other buildings;
C. Gross floor area of buildings in relation to lot area (floor area ratio);
D. All open spaces allocated to buildings; and
E. Amount of lot area per dwelling unit.
BULK STORAGE PLANT: Any place where flammable liquids are received by tanker, barge, pipeline, tank car or tank vessel or truck and are stored or blended in bulk for the purpose of distributing such liquids by tank/truck, pipeline, tank car, tank vessel or container.
BUS LOT: Any lot or land area used for the storage or layover of passenger buses or motor coaches.
BUSINESS OR COMMERCE: The engaging in the purchase, sale, barter or exchange of goods, wares, or merchandise; or the maintenance or operation of offices or recreational or amusement enterprises.
CAPACITY IN PERSONS: The "capacity in persons" of an establishment or use is the maximum number of persons that can avail themselves of the services (or goods) of such establishment, at any one time, with reasonable comfort.
CELLAR: A story having more than one-half (1/2) of its height below the curb level or below the highest level of the adjoining land. A "cellar" shall not be counted as a story for height measurement.
CHANNEL: A natural or artificial watercourse with a definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow thus is that water which is flowing within the limits of the defined channel.
CLINIC OR MEDICAL HEALTH CENTER: An establishment where patients are admitted for special study and treatment by two (2) or more licensed physicians and their professional associates, practicing medicine together, with the treatment or care in the building limited to periods of less than forty eight (48) hours in any week.
CLOSED CUP FLASH POINT: The lowest temperature at which a combustible liquid, under prescribed conditions, will give off a flammable vapor which will burn momentarily.
CLUB: An association of persons for some common purpose which is jointly supported and meets periodically, but not including groups organized primarily to render service which is customarily carried on as a business.
CORNER LOT: See definition of Lot, Corner.
CUL-DE-SAC: A street having one open end and being permanently terminated by a vehicle turnaround.
CURB LEVEL: The level of the established curb in front of the building measured at the center of such front. Where a building faces on more than one street, the "curb level" shall be the average of the levels of the curbs at the center of the front of each street. Where no curb elevation has been established, the mean level of the land immediately adjacent to the building shall be considered the "curb level".
DECIBEL: A unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure the intensity of sound are calibrated to "decibels".
DEPTH OF REAR YARD: The mean horizontal distance between the rear line of the building and the center line of the alley, where an alley exists, otherwise the rear lot line.
DEVELOPMENT, CLUSTER: A planned development or subdivision of a tract of land into residential lots. It shall meet the minimum acreage requirements of planned developments. The individual lots shall have areas no smaller than eighty seven and one-half percent (871/2%) of the area required by the regulations of the zone in which the land lies. However, the total number of lots shall not exceed the number that would be permitted if the area had been developed with lot sizes as required by the zoning district. The residential area thus created shall consist of at least twelve and one-half percent (121/2%) of the gross area of the tract or parcel. This residential area shall be dedicated to the city of East Dubuque for public use or otherwise developed as required by the city council.
DWELLING: A building or portion thereof, but not including a house trailer or mobile home, designed or used exclusively for a residential occupancy, including one-family dwelling units, but not including hotels, boarding or lodging houses.
DWELLING, ATTACHED, (GROUP, ROW OR TOWN HOUSES): A dwelling joined to two (2) other dwellings by party walls.
DWELLING, CONVERTED: Any building which was originally designed and constructed as a one-, two-, or three-family dwelling, but which has been changed or altered by the construction of additional dwelling units to provide for more families than the original building.
DWELLING, DETACHED: A dwelling entirely surrounded by open space, said open space being on the same zoning lot as the dwelling.
DWELLING, MULTIPLE-FAMILY: A dwelling containing three (3) or more dwelling units, designed with more than one dwelling unit connecting to a common corridor or entrance way, originally constructed for said purpose; and not including converted dwellings or attached row dwellings (party-wall type) as defined herein.
DWELLING, SEMI-DETACHED: A dwelling joined to one other dwelling by a party wall.
DWELLING, SINGLE-FAMILY: A dwelling containing accommodations for and occupied by one family only, either attached, detached, or semi-detached.
DWELLING, TWO-FAMILY: A building designed exclusively for occupancy by two (2) families living independently of each other.
DWELLING UNIT: One or more rooms in a dwelling or apartment-hotel designed for occupancy by one family for living purposes and having its own permanently installed cooking and sanitary facilities.
EDUCATIONAL INSTITUTION: Public, parochial, charitable, or nonprofit junior college, college, or university, other than trade or business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants, and other incidental facilities for students, teachers, and employees.
EFFICIENCY UNIT: A dwelling unit consisting of one room, exclusive of bathroom, kitchen, hallway, closets, or dining alcove, directly off the principal room, providing such dining alcove does not exceed one hundred twenty five (125) square feet in area.
ELEEMOSYNARY INSTITUTION: A building or group of buildings devoted to and supported by charity.
ESTABLISHMENT, BUSINESS: A separate place of business having the following characteristics:
A. The ownership and management of all operations conducted within such establishment are separate and distinct from the ownership and management of operations conducted within other establishments on the same or adjacent zoning lot.
B. Direct public access to such "business establishment" is separate and distinct from direct access to any other "business establishment".
FAMILY: One or more individuals occupying a dwelling unit and living as a single household unit.
FARM DWELLING: The principal dwelling unit (see definition of "dwelling" herein) on a parcel of land used for agriculture. This dwelling shall be occupied by the owner or his tenant who is actively engaged in agriculture as his primary source of income.
FARMSTEAD: That area of an agricultural use area which contains the farm dwelling and accessory buildings or structures but not including areas used for crops or animal pasturage.
FLOOD: A temporary rise in stream flow or stage that results in water overtopping its banks and inundating areas adjacent to the channel.
FLOOD FRINGE: That portion of the flood plain outside the floodway.
FLOOD PLAIN: The land adjacent to a body of water which has been or may be hereafter covered by flood water, including, but not limited to, the regulatory flood.
FLOOD PROFILE: A graph or a longitudinal profile showing the relationship of the water-surface elevation of a flood event to location along a stream or river.
FLOODPROOFING: A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages to properties, water, and sanitary facilities, structures and contents of buildings in a flood hazard area.
FLOODWAY: The channel of a stream and those portions of the flood plain adjoining the channel that are required to carry and discharge the flood water or flood flows of any river or stream, including, but not limited to, flood flows associated with the regulatory flood.
FLOOR AREA (For Determining Floor Area Ratio): The "floor area" of a building is the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two (2) buildings. The "floor area" of a building shall include basement floor area when more than one-half (1/2) of the basement height is above the established curb level or above the finished lot grade level where no curb level has been established, elevator shafts and stairwells at each floor, floor space used for mechanical equipment, except equipment, open or enclosed, located on the roof, penthouses, attic space having headroom of seven feet six inches (7'6"), or more, interior balconies and mezzanines, enclosed porches, and floor area devoted to accessory uses.
However, any space devoted to off-street parking or loading shall not be included in "floor area". The "floor area" of structures devoted to bulk storage of materials, including, but not limited to, grain elevators and petroleum storage tanks, shall be determined on the basis of height in feet, i.e., ten feet (10') in height shall equal one floor.
FLOOR AREA (For Determining Off-Street Parking And Loading Requirements): "Floor area", when prescribed as the basis of measurement for off-street parking spaces and loading berths for any use, shall mean the sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to such use, including accessory storage areas located within selling or working space such as counters, racks, or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.
However, "floor area", for the purpose of measurement for off-street parking spaces shall not include: floor area devoted primarily to storage purposes (except as otherwise noted herein); floor areas devoted to off-street parking or loading facilities, including aisles, ramps, and maneuvering space; or basement floor areas other than areas devoted to retailing activities, to the production or processing of goods, or to business or professional offices.
FLOOR AREA RATIO (FAR): The "floor area ratio" of the building or buildings on any zoning lot is the floor area of the building or buildings on that zoning lot divided by the area of such zoning lot, or in planned developments, by the net site area. The "floor area ratio" requirements, as set forth under each zoning district, shall determine the maximum floor area allowable for the building or buildings (total floor area of both principal and accessory buildings) in direct ratio to the gross area of the zoning lot.
FREE BURNING: Implies a rate of combustion described by a material which burns actively, and easily supports combustion.
FREQUENCY: Signifies the number of oscillations per second in a sound wave and is an index of the pitch of the resulting sound.
FRONTAGE: All the property fronting on one side of a street between the two (2) nearest intersecting streets, measured along the line of the street, or if dead-ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.
GARAGE, BUS: Any building used or intended to be used for the storage of three (3) or more passenger motor buses or motor coaches used in public transportation, including school buses.
GARAGE, BUS OR TRUCK: A building which is used or intended to be used for the storage of motor trucks, truck-trailers, tractors, and commercial vehicles exceeding one and one-half (11/2) tons' capacity.
GARAGE, PRIVATE: A detached accessory building or portion of the main building designed, arranged, used, or intended to be used for the storage of passenger automobiles of the occupants of the premises.
GARAGE, PUBLIC: A building, other than a private garage, used for the care, incidental servicing, and sale of automobile supplies, or where motor vehicles are parked or stored for remuneration, hire, or sale within the structure, but not including trucks, tractors, truck-trailers, and commercial vehicles exceeding one and one-half (11/2) tons' capacity.
GRADE, STREET: The elevation of the established street in front of the building measured at curb level at the center of such front. Where no street grade has been established, the city engineer shall establish such street grade or its equivalent for the purpose of this title.
GUEST HOUSE: Living quarters within a detached accessory building located on the same premises with the main building for use by temporary guests of the occupants of the premises. Such quarters shall have no kitchen facilities, not be rented or otherwise used as a separate dwelling.
HEIGHT OF BUILDING: The vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the front. Where a building is located upon a terrace or slope, the height shall be measured from the average grade at the front of the building.
HOSPITAL OR SANITARIUM: An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than twenty four (24) hours in any week, of three (3) or more nonrelated individuals suffering from illness, disease, injury, deformity or other abnormal physical conditions.
The term "hospital", as used in this title does not apply to institutions operating primarily for treatment of insane persons, drug addicts, liquor addicts, or other types of cases necessitating restraint of patients, and the term "hospital" shall not include convalescent, nursing, shelter, or boarding homes.
HOTEL: A building in which lodging or board and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to a boarding house, a lodging house, or an apartment house, which terms are separately defined.
HOTEL APARTMENT: A building containing dwelling units or individual guests rooms, the majority of which are for permanent guests. Maid and janitor service may be provided, but kitchen facilities are not necessarily included.
HOUSEHOLDER: The occupant of a dwelling unit who is either the owner or lessee thereof.
INCOMBUSTIBLE: Implies materials which do not in themselves constitute an active fuel for the spread of combustion. A material which will not ignite nor actively support combustion during an exposure for five (5) minutes at a temperature of one thousand two hundred degrees Fahrenheit (1,200°F) shall be designated "incombustible".
INNER COURT: Any court other than an outer court of a "yard" as defined in this section.
INSTITUTION, EDUCATIONAL: See definition of Educational Institution.
INSTITUTION, ELEEMOSYNARY: See definition of Eleemosynary Institution.
JUNKYARD: Any parcel of land where waste, scrap metal, paper, rags, or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including auto and building wrecking yards, but excluding similar uses taking place entirely within a completely enclosed building.
JUNKER: An automobile, truck, or other motor vehicle which has been damaged to such an extent that it cannot be operated under its own power and will require major repairs before being made usable, or such a vehicle which does not comply with state or city vehicle laws or ordinances.
KENNEL, COMMERCIAL: Any lot or premises or portion thereof on which more than four (4) dogs or cats, or other household domestic animals are kept or on which more than two (2) such animals are boarded for compensation or kept for sale.
LABORATORY, COMMERCIAL: A place devoted to experimental study such as testing and analyzing. Manufacturing, assembly, or packaging of products is not included within this definition.
LENGTH OF OUTER COURT: The mean horizontal distance between the open and closed ends of the court.
LIMITED ACCESS HIGHWAY: A trafficway, including expressways and toll roads for through traffic, in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such trafficway.
LOADING AND UNLOADING SPACE, OFF STREET: An open, hard-surfaced area of land, other than a street or public way, the principal use of which is for the standing, loading, and unloading of motor trucks, tractors, and trailers, to avoid undue interference with the public use of streets and alleys. Such space shall be not less than ten feet in width, forty five feet in length, and fourteen feet in height (10' x 45' x 14'), exclusive of access aisles and maneuvering space.
LODGE OR FRATERNAL ORDER: A hall or meeting place of a local branch or the members composing such a branch of a fraternal order, or society, such as the Masons, Knights of Columbus, Moose, American Legion and other similar organizations. It may be permissible to serve food and meals on such premises, providing adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests may be allowed, provided it is secondary and incidental to the promotion of some other common objective by the organization, and further provided, that such sale of alcoholic beverages is in compliance with the applicable federal, state, county, and city laws.
LODGING OR ROOMING HOUSE: A building with not more than five (5) guest rooms where lodging is provided for compensation pursuant to previous arrangement, but not open to the public or to overnight guests.
LOT: A parcel of land occupied or to be occupied by one building and accessory buildings and uses and including the open spaces required under these regulations. A "lot" may be land so recorded on the records of the recorder of deeds or in the office of the registrar of titles of Jo Daviess County, Illinois, but it may include parts of or a combination of such ground as used for only one improvement, and resubdivided or combined and properly recorded.
LOT, CORNER: A lot located at the intersection of two (2) streets or a lot bounded on two (2) sides by a curbing street and any two (2) chords of which form an angle of one hundred twenty degrees (120°) or less measured on the lot side.
LOT COVERAGE: The area of a zoning lot occupied by the principal building or buildings and accessory buildings.
LOT DEPTH: The mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE: A lot having frontage on two (2) nonintersecting streets as distinguished from a corner lot.
LOT, INTERIOR: A lot other than a corner or reversed corner lot.
LOT LINE, FRONT: The front property line of a zoning lot.
LOT LINE, INTERIOR: A side lot line common with another lot.
LOT LINE, REAR: The "rear lot line" is the lot line or lot lines most nearly parallel to and most remote from the front lot line.
LOT LINE, SIDE: Lot lines other than front or rear lot lines.
LOT OF RECORD: A lot which is part of a subdivision, the plat of which has been recorded in the office of the recorder of deeds of Jo Daviess County, pursuant to statute.
LOT WIDTH: The horizontal distance between the side lot lines measured at right angles to the lot depth at the established front building line.
MARQUEE OR CANOPY: A rooflike structure of a permanent nature which projects from the wall of a building and overhangs the public way.
MICRON: A unit of length equal to one-thousandth part of one millimeter (0.001 mm).
MOBILE HOME DWELLING: A detached residential dwelling unit designed for transportation, after fabrication, on streets or highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking or assembly operations, connections to utilities, and the like. A recreation travel trailer is not to be considered as a mobile home.
MODERATE BURNING: Implies a rate of combustion described by a material which supports combustion and is consumed slowly as it burns.
MOTEL: An establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space, located on a single zoning lot and designed for use by transient automobile tourists, with garage attached or parking space conveniently located to each unit. A "motel" furnishes customary hotel services such as maid service and laundering of linen, telephone, and secretarial or desk service, and the use and upkeep of furniture. In a "motel", less than fifty percent (50%) of the living and sleeping accommodations are occupied or designed for occupancy by persons other than transient automobile tourists.
MOTOR FREIGHT TERMINAL: A building in which freight, brought to said building by motor truck, is assembled and sorted for routing by motor truck.
MOTOR TRUCK REPAIR SHOP: A premises where motor trucks, tractors, truck-trailers and industrial and commercial vehicles in excess of one and one-half (11/2) tons' capacity, or their bodies, are overhauled, rebuilt, or repaired.
MOTOR VEHICLE: Any passenger vehicle, truck, tractor, tractor- trailer, truck-trailer, trailer, or semi-trailer propelled or drawn by mechanical power.
MOTOR VEHICLE REPAIR, MAJOR: See definition of Auto Repair, Major.
MOTOR VEHICLE REPAIR, MINOR: See definition of Auto Repair, Minor.
NAMEPLATE: A sign indicating the name and/or address of a building or the name of an occupant thereof and/or the practice of a permitted occupation therein.
NONCONFORMING BUILDING: A building or structure or portion thereof lawfully existing at the time of adoption of this title, which was designed, erected, or structurally altered for a use that does not conform to the use regulations of the district in which it is located.
NONCONFORMING USE: A use which lawfully occupied a building or land at the time of adoption of this title and which does not conform with the use regulations of the district in which it is located.
NOXIOUS MATTER OR MATERIALS: Matter which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well- being of individuals.
NURSERY, DAY: An institution providing care for three (3) or more children under the age of four (4) years for periods of more than four (4) hours but not exceeding twenty four (24) hours.
NURSERY SCHOOL: An institution providing daycare service and schooling for children from four (4) to six (6) years of age.
NURSING HOME OR REST HOME: See definition of Rest Home Or Nursing Home.
OBSTRUCTION: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.
OCTAVE BAND: A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.
OCTAVE BAND FILTER: An electrical frequency analyzer designed according to standards formulated by the American standards association and used in conjunction with a sound level meter to take measurements in specific octave intervals.
ODOROUS MATTER: Any matter or material that yields an odor which is offensive in any way.
OUTER COURT: A court other than a yard having at least one side thereof opening onto a street, alley, or yard or other permanent open space.
PARKING AREA, PRIVATE: An open, hard-surfaced area, other than a street or alley, used for the parking of private passenger automobiles only of occupants of the building or buildings for which the parking area is developed and is necessary.
PARKING AREA, PUBLIC: An open, hard-surfaced area, other than a street or public way, intended to be used for the storage of passenger automobiles and commercial vehicles under one and one- half (11/2) tons' capacity, and available to the public, whether for compensation, free, or as an accommodation to clients or customers.
PARKING AREA, TRUCK: Any land used or intended to be used for the storage or parking of trucks, tractors, and truck-trailers, and including commercial vehicles, while not loading or unloading and which exceed one and one-half (11/2) tons in capacity.
PARKING SPACE, AUTOMOBILE: Space within a public or private parking area of nine feet by twenty feet (9' x 20'), exclusive of access drives or aisles, ramps, columns, or office and work areas, for the storage of one-passenger automobile or commercial vehicle under one and one-half (11/2) tons' capacity.
PARTICULATE MATTER: Material, other than water, which is suspended in or discharged into the atmosphere in a finely divided form as a liquid or solid.
PEDESTRIANWAY, PUBLIC: Any walk, path, stairway, plaza, court, mall or other way open to the public and used exclusively or primarily by pedestrians.
PERFORMANCE STANDARD: A criterion established to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by, or inherent in, uses of land or buildings.
PLANNED BUSINESS CENTER: Any commercial development, consisting of one or more buildings containing two (2) or more stores or offices, with an aggregate gross floor space of more than fifty thousand (50,000) square feet, which development may be planned or developed as a coordinated unit or which development may be characterized by an integrated arrangement of stores, offices, buildings, and facilities. A "planned business center" shall be considered as a single unit for all purposes within the meaning and scope of this title, and shall be permitted only by special permit as a special use in accordance with the provisions of this title.
PLANNED DEVELOPMENT: A tract of land which is developed as a unit under single ownership or control, which includes two (2) or more principal buildings, and which is at least twenty (20) acres in area. In residential districts, said "planned development" includes a group housing project (whether separately located or separated only, but completely, by firewalls) where the existing or contemplated street or streets and lot layouts make it impractical to apply the bulk regulations of this title to the individual units in such housing project.
PLAYHOUSE: A freestanding structure exclusively for the use of children. Maximum height not to exceed fifteen feet (15') from adjacent grade to the peak of the roof, not to exceed two hundred (200) square feet or five percent (5%) of the land bulk requirement, whichever is less and no closer than ten feet (10') from the principal structure.
PORCH: A roofed-over structure projecting out from the wall or walls of a main structure and commonly open to the weather in part.
PUBLIC IMPROVEMENT: Any facility for which the city of East Dubuque, or other municipal body, may ultimately assume the responsibility for maintenance and operation or which is constructed for general public use or benefit.
PUBLIC OPEN SPACE: Any publicly owned open area including, but not limited to, the following: parks, playgrounds, school sites, parkways, and streets. The term "public" shall apply to the provision of a service to ten (10) or more zoning lots when serving an industrial district, regardless of whether said industrial district is in one tract or subdivision.
PUBLIC UTILITY: Any person, firm or corporation duly authorized to furnish, under public regulation, to the public, electricity, gas, steam, telephone, telegraph, transportation, water, or sewerage systems.
PUBLIC WAY: Any sidewalk, street, alley, highway, or other public thoroughfare.
RAILROAD RIGHT OF WAY: A strip of land with tracks and auxiliary facilities for track operation, but not including depots, loading platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops, or water towers.
RESIDUAL AREA: That part of a tract of land which remains for public parks, schools, or recreation purposes where the subdivision or development of said tract includes dwelling units located in a cluster or on lots which have less area than required by the zoning district in which the development is located, subject to the definition requirements of this title for "cluster subdivisions".
REST HOME OR NURSING HOME: A private home for the care of children or the aged or infirm. Such home does not contain equipment for surgical care or for treatment of disease or injury, and is not primarily developed for mental patients or alcoholics.
RESTAURANT: Any land, building, or part thereof, other than a boarding house, where meals are provided for compensation for three (3) or more persons, including a cafe, cafeteria, coffee shop, lunchroom, tearoom, and dining room.
RINGELMANN CHART: One which is described in the U.S. bureau of mines information circular 6888, and on which are illustrated graduated shades of gray for use in estimating the light obscuring capacity of smoke - smoke density.
RINGELMANN NUMBER: The number appearing on the Ringelmann chart ascribed by the observer to the density of the smoke emission. Where the density or light obstructing capacity of the smoke, as observed, falls between two (2) consecutive Ringelmann numbers, the lower Ringelmann number shall be considered the density of the smoke observed.
SCHOOL: A public or private institution which offers instructions in any of the branches of learning and study comparable to that taught in the public schools under the Illinois school code 1 , including prekindergarten, kindergarten, elementary school, and junior and senior high schools, but excluding trade, business, or commercial schools.
SETBACK: The minimum horizontal distance between the street wall of a building and the street property line.
SIGN: A name, identification, description, display, or illustration which is affixed to or painted 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.
SIGN, ADVERTISING; OFF PREMISES: An off premises advertising sign is a sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where such sign is located or to which it is affixed.
SIGN, BUSINESS: A sign which directs attention to a business or profession conducted or to a commodity, service, or entertainment sold or offered upon the premises where such sign is located or to which it is affixed.
SIGN, FLASHING: An illuminated sign on which the artificial light is not maintained stationary and constant in intensity and color at all times when such sign is in use. For the purpose of this title, any revolving, illuminated sign shall be considered a "flashing sign".
SIGN, GROSS SURFACE AREA OF: The "gross surface area of a sign" shall be the entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display.
SMOKE: Any visible discharge into the air caused by the release of particulate matter.
SMOKE UNIT: The number obtained when the smoke density in the Ringelmann number is multiplied by the time of emission in minutes. For the purpose of this calculation, a Ringelmann density reading shall be made at least once a minute during the period of observation; each reading is then multiplied by the time in minutes during which it was observed. The various products are then added together to give the total number of smoke units observed during the entire observation period.
SOUND LEVEL: The "sound level" of an operation or use is the intensity of sound, measured in decibels, produced by such operation or use.
SOUND LEVEL METER: An instrument standardized by the American Standards Association for measurement of intensity of sound.
SPECIAL USE: Any use of land or buildings, or both, described and permitted herein, subject to the provision of this title.
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 is not a floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding fourteen feet (14') in height shall be considered as an additional story for each fourteen feet (14') or fraction thereof.
STORY, HALF: A "half story" is that portion of a building under a gable, hip, or mansard roof, the wall plates of which, on at least two (2) opposite exterior walls, are not more than four and one-half feet (41/2') above the finished floor of such story. In the case of one-family dwellings and multiple-family dwellings less than three (3) stories in height, a half story in a sloping roof shall not be counted as a story for the purpose of this title. In the case of multiple-family dwellings three (3) or more stories in height, a half story shall be counted as a story.
STREET: All property dedicated or intended for public highway, freeway, or roadway purposes or subject to public easements thereof.
STREET LINE: The division between private property and a dedicated street or way, usually uninterrupted from corner to corner in any given block.
STREET, PLATTED: A public easement or property dedicated or intended as a street which has not been improved or open to vehicular traffic.
STREET WALL: That wall or part of a wall of a building or that part of the wall or supports of a porch or other structure nearest to and most nearly parallel with the street, extending more than four feet six inches (4'6") above the finished grade. The front street wall shall be that wall most nearly parallel to the shortest lot line along a street.
STRUCTURAL ALTERATIONS: Any change in the supporting members of a building such as bearing walls or partitions, columns, beams, or girders, excepting such alterations as may be required for the safety of the building.
STRUCTURE: Anything constructed or erected, the use of which requires 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, to advertising signs, billboards, backstops for tennis courts and pergolas.
SUBDIVISION, CLUSTER: See definition of Development, Cluster.
TERRACE, OPEN AND PATIO: A level plane or platform which, for the purpose of this title, is located adjacent to one or more faces of the principal structure and which is constructed not more than four feet (4') in height above the average level of the adjoining ground.
THREE-COMPONENT MEASURING SYSTEM: Denotes instrumentation which can measure earthborne vibrations in three (3) directions; that is, vibration occurring in a horizontal as well as a vertical plane.
THROUGH LOT: A lot which abuts two (2) parallel, public streets or abuts two (2) public streets which do not intersect at the boundaries of the lot. The yard that abuts a public street and is considered its principal frontage shall be the front yard. The yard that abuts a public street and is not considered its principal frontage shall be the rear yard with the exception that a front yard(s) has been established along the same public street block and on the same side of the street and has been enforced as a front yard(s). If a front yard(s) has been established along the same public street block and on the same side of the street and has been enforced as a front yard(s), then the yard that abuts a public street and is not considered its principal frontage shall also be a front yard.
TOURIST COURT, TOURIST HOME: See definition of Motel.
TOXIC MATERIAL OR MATTER: Those materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts.
TRAILER: A vehicle without motive power used or adaptable for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses, or skirting, which does not meet building code requirements and has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place. The term "trailer" shall include "camp car" and "housecar". A permanent foundation shall not change its character unless the entire structure is erected in accordance with the city building code.
TRAILER, HOUSE OR MOBILE HOME: Any "trailer" as defined herein, used for residential purposes.
TREE HOUSE: A structure that utilizes one or more trees for structural support exclusively. Maximum height not to exceed fifteen feet (15') from adjacent grade to the peak of the roof, not to exceed two hundred (200) square feet or five percent (5%) of the land bulk requirements, whichever is less and no closer than ten feet (10') from the principal structure.
USE: The purpose for which land or a building thereon is designed, arranged, or intended, or for which it is occupied, maintained, let or leased.
USE, PERMITTED: A "permitted use" is a 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 such district.
USE, PRINCIPAL: A "principal use" is the main use of land or building as distinguished from a subordinate or accessory use. A "principal use" may be either "permitted" or "special".
USE, SPECIAL: See definition of Special Use.
USED CAR LOT: A zoning lot on which used or new cars, trailers, or trucks are displayed for sale or trade.
VIBRATION: The periodic displacement, measured in inches, of earth.
WIDTH OF LOT: See definition of Lot Width.
YARD: An open space on the same zoning lot with a principal building or group of buildings which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this title, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the zoning lot is located.
YARD, FRONT: A yard extending across the full width of the zoning lot in accordance with the setback requirements of this title. See definition of Setback.
YARD, REAR: An open space (unoccupied except by accessory buildings) on the same lot with a building, between the rear line of the building and the rear line of the lot, for the full width of the lot.
YARD, SIDE: An open space between the side of a building and the side lot line between the front and rear yards.
ZONING BOARD OF APPEALS: Refers to the zoning board of appeals of the city of East Dubuque, Illinois.
ZONING LOT: A plot of ground, made up of one or more parcels, which is or may be occupied by a use, building, or buildings, including the open spaces required by this title.
ZONING MAP: The map or maps incorporated into this title as a part hereof, designating zoning districts. (Ord., 4-26-1978; amd. Ord., 2-16-1998; 2001 Code; Ord. 16-0110, 1-4-2016; Ord. 19-1109, 11-4-2019; Ord. 20-0315, 3-11-2020)
Notes
| 1 | 1. 105 ILCS 5/1-1 et seq. |