(A) Rules.
(1) Words used in the present tense shall include the future. Words used in the singular number shall include the plural number, and words used in the plural number shall include the singular number, where the context requires.
(2) The word “shall” is mandatory and not discretionary.
(3) The word “may” is permissive.
(4) The word “lot” shall include the words “piece”, “parcel” and “tracts”; and the phrase “used for” shall include the phrases “arranged for”, “designed for”, “intended for”, “maintained for” and “occupied for”.
(5) All measured dimensions shall be to the nearest inch.
(6) Any words not defined as follows shall be construed in their generally accepted meanings, as defined in the most recent publication of Webster’s Dictionary.
(Prior Code, § 9-2-1)
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESS. The right to cross from public to private property, allowing pedestrians and vehicles to enter and leave private property.
ACCESSORY STRUCTURE. A use or structure incidental and subordinate to the main use of the property that is located on the same lot as the main use. Where a substantial part of a wall of an ACCESSORY STRUCTURE is a part of a wall of the main structure, or where an ACCESSORY STRUCTURE is attached to the main structure in a substantial manner (as by a roof), such ACCESSORY STRUCTURE shall be considered part of the main structure. Private swimming pools are to be considered an ACCESSORY STRUCTURE.
ACCESSORY USE. A use incidental and subordinate to the main use of the property and located on the same lot as the main use. These include, but are not limited to: storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless otherwise prohibited by this chapter; storage of goods used in or produced by manufacturing activities on the same lot with such activities, unless otherwise prohibited by this chapter; off street parking areas; and loading and unloading facilities.
ALLEY. A street which affords only a secondary means of access to property.
ALTERATION, STRUCTURAL. See definition of “structural alteration”.
APARTMENT. A room or suite of rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen and bath facilities, permanently installed, must be included for each APARTMENT.
AUTOMOBILE/VEHICLE WASH. A building, or portion thereof, where vehicles are routinely washed using either manual or automated systems.
AUTOMOBILE REPAIR, MAJOR. Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers, collision service, including body, frame straightening or repair and overall painting of vehicles.
AUTOMOBILE REPAIR, MINOR. Incidental repairs, replacement of parts and motor service to automobiles, but not including any operation specified under “automobile repair, major”.
AUTOMOBILE SERVICE STATION. A facility where gasoline and/or diesel (stored only in underground tanks), kerosene, lubricating oil or grease and minor accessories for operation of motor vehicles, are offered for sale directly to the public, on the premises.
AUTOMOBILE WRECKING YARD. Premises used for the storage or sale of used automobile or truck parts and/or for the storage, dismantling or abandonment of junked or obsolete automobiles, trailers, trucks, machinery or parts thereof.
AWNING. A roof-like covering which projects from the wall of a building or overhangs the public way.
BASEMENT. A story where more than one-half of its height is above the established curb level or above the average level of the adjoining ground where the curb level has not been established. A BASEMENT shall be counted as a story for purposes of height measurement.
BOARDING HOUSE. A residential building or portion thereof, other than a motel, apartment hotel or hotel, containing lodging rooms for accommodation of three or more persons who are not members of the keeper’s family, and where lodging or meals or both are provided by pre-arrangement and for definite periods, at a definite prearranged price.
BLOCK. A tract of land bounded by streets or in lieu of a street or streets, by a public park, cemetery, railroad right-of-way, bulkhead lines, a shoreline of a waterway or a boundary line of the village.
BUILDABLE AREA. The space remaining on a lot after the minimum open space requirements of this chapter, or any other ordinance, has been compiled with.
BUILDING. Any structure with substantial walls and a roof, that is securely affixed to the land, which is designed or intended for the shelter, enclosure or protection of persons, animals, machinery or property of any kind.
BUILDING HEIGHT. The vertical distance measured from the sidewalk level or its equivalent established grade at the middle of the front of the building to the highest point of the roof in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of a gable, hip, or gambrel roof; provided that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.
BUILDING, NON-CONFORMING. Any building which does not conform to the regulations of this chapter.
BUILDING, PRINCIPAL. A building in which is conducted the main use of the lot on which it is situated.
BUILDING LINE. A line, parallel to the lot line, at a distance from it regulated by the yard requirements set up in this chapter.
BULK. The term used to indicate the size and setbacks of buildings or structures and the location of the same with respect to one another, including the following:
(a) Size and height of buildings;
(b) Location of exterior walls at all levels in relation to lot lines, streets or other buildings;
(c) Gross floor area of buildings in relation to lot area (floor area ratio);
(d) All open spaces allocated to the building;
(e) Amount of lot area per dwelling unit; and
(f) Required parking areas.
BUSINESS. A concern engaged in the purchase, sale, barter or exchange of goods, services, wares or merchandise; and the maintenance of operation of offices or recreational or amusement enterprises for profit.
CAR LOT. An area on which vehicles are displayed for sale or trade.
CELLAR. A story having more than one-half of its height below the curb level or below the highest level of the adjoining ground. A CELLAR shall not be counted as a story for the purpose of height measurements.
CLUB or LODGE, PRIVATE. A non-profit association of persons (who are bona fide members paying annual dues) which owns, hires or leases a building, or portion thereof.
CONDOMINIUM. One structure containing two or more dwelling units, each dwelling unit under separate ownership.
CONDOMINIUM DEVELOPMENTS. A tract of land containing two or more condominiums to be platted in accordance with the provisions of the Illinois Condominium Property Act (765 ILCS 605/1 et seq., as amended).
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 level of the curbs at the center of the front of each street. Where no curb elevations have 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 in DECIBELS.
DISTRICT. An area or section of the village defined on the official map by lot lines, centerlines of streets, alleys or railroad rights-of-way or such center lines extended, center lines of creeks, or the corporate limit line, assigned zoning characteristics.
DWELLING. A building or portion thereof, but not including a house trailer or mobile home, designed or used exclusively for residential occupancy, including one-family dwelling units, two-family dwelling units and multiple-family dwelling units, but not including hotels, motels or boarding or lodging houses.
(a) DWELLING, MULTI-FAMILY. A building, or portion thereof, designed for occupancy by three or more families living independently of each other.
(b) DWELLING, ROW. A row of two or more attached one-family, party-wall dwellings, not more than two and one-half stories in height, nor more than two rooms in depth measured from the building line.
(c) DWELLING, SINGLE FAMILY. A detached building containing one dwelling unit and designed for occupancy by one family only.
(d) DWELLING, TWO FAMILY. A detached building containing two dwelling units and designed for occupancy by two families.
(e) DWELLING UNIT. One or more rooms in a building designed for occupancy by one family and having not more than one cooking facility.
FAMILY. An individual or two or more persons related by blood, marriage, legal adoption or legal guardianship, living together as one housekeeping unit using one kitchen, and providing meals or lodging to not more than two additional persons, excluding servants; or a group of not more than five unrelated persons living together as one housekeeping unit using one kitchen.
FREQUENCY. The number of oscillations per second in a sound wave measuring the pitch of the resulting sound.
FRONTAGE. All the property fronting on one side of a street between the nearest intersecting streets or between a street and a right of way, waterway or other similar barrier.
FUEL BULK STATION. A place where crude petroleum, gasoline, naphtha, benzene, benzol, kerosene, or other flammable liquid which has a flash point of below 200ºF (closed cup tester) is stored for wholesale purposes, where the aggregate capacity of all storage tanks is more than 6,000 gallons.
GARAGE, PRIVATE. A detached accessory structure, or portion of the principal building, designed, arranged, used or intended to be used for storage by the occupants of the premises.
GARAGE, PUBLIC. A building used for the care, incidental servicing or sale of automobile supplies, or where more than one vehicle is parked or stored for a fee, for hire or for sale within the structure, but not including trucks, tractors, truck trailers and commercial vehicles exceeding one and one-half ton capacity.
GARAGE, BUS OR TRUCK. A building which is used or intended to be used for the storage of trucks, tractors, truck trailers and commercial vehicles exceeding one and one-half ton capacity.
GRADE, GROUND LEVEL. The average elevation of the finished ground at the centers of all walls of a building, except that if a wall is parallel to and within five feet of a sidewalk, the sidewalk elevation nearest the center of the wall shall constitute the ground elevation.
GUEST HOUSE. Living quarters within a detached accessory building located on the same premises with the principal building, for use by temporary guests of the occupants of the principal building.
HEIGHT OF BUILDING. See the definition of “building height”.
HOME OCCUPATION. Any use or activity conducted entirely within a principal building or within a structure accessory thereto, by a person or persons who reside therein, provided that:
(a) It does not result in any alteration of the appearance of the dwelling unit;
(b) The home occupation is clearly incidental and secondary to the primary residential use of the property;
(c) There is no exterior storage of materials and no exterior indication of the home occupation except for a sign not exceeding one and one-half square feet in size, non-illuminated, and attached to the principal building;
(d) It does not result in the production of any additional noise, vibration, light, odor, dust, fumes, smoke or traffic detectable to the normal human senses, outside the principal building or the building accessory thereto;
(e) No article shall be sold or offered for sale except such as may be produced on the premises by a person or persons residing therein. No retail sales of articles or products shall be made except those incidental to the home occupation;
(f) The home occupation is limited to a designated area of the residential property not exceeding 300 square feet in size, including storage;
(g) The home occupation has been registered with the village in the required format as requested on forms available from the Village Clerk;
(h) It does not result in any material or equipment used in conjunction with the business which may constitute a hazard, create a nuisance or interfere with the reception or broadcast of signals; and
(i) Animal hospitals or kennels shall not be deemed a home occupation.
HOSPITAL.
(a) An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than 24 hours in any week of three or more non-related individuals suffering from illness, disease, injury, deformity or other abnormal physical conditions.
(b) The term HOSPITAL as used in this chapter does not apply to institutions operating solely for the treatment of insanity, substance abuse or cases necessitating restraint of patients, and the term HOSPITAL shall not include convalescent homes, nursing homes, shelter houses or boarding houses.
HOTEL or MOTEL. A building in which more than five rooms or suites are reserved to provide living and sleeping accommodations for temporary guests.
JUNKYARD. Any place where waste, scrap metal, paper, rags or similar materials are bought, sold, exchanged, stored, baled, packaged, disassembled or handled outside a completely enclosed building.
KENNEL, COMMERCIAL. Any lot or premises or portion thereof on which more than four dogs, cats, or other household domestic animals, over four months of age are kept, or on which more than two such animals are boarded for compensation.
LABORATORY. A place devoted to experimental study or testing and analyzing substances.
LINE OF BUILDING. See the definition of “building line”.
LIVESTOCK. Domestic animals of types customarily raised or kept on farms for profit or other purposes.
LIVESTOCK FEEDING YARD. An enclosure designed or used for the purpose of the concentrated feeding or fattening of livestock for marketing.
LIVESTOCK SALES YARD. An enclosure or structure designed or used for holding livestock for purposes of sale or transfer by auction, consignment or other means.
LIVING AREA. The sum of the gross horizontal areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls or from the centerline of party walls separating two buildings. In particular, LIVING AREA shall include:
(a) Basement space if at least one-half of the basement story height is above the established curb or ground level;
(b) Floor space used for mechanical equipment where the structural headroom exceeds seven and one-half feet, except equipment, open or enclosed, located on the roof (e.g., bulkheads, water tanks and cooling towers);
(c) Interior balconies and mezzanines; and
(d) Enclosed porches, but not terraces and breezeways
LODGING HOUSE. A building which is equipped to provide lodging for eight or more persons for compensation, by previous arrangement, for definite periods of time.
LOADING AND UNLOADING SPACE. An open, hard-surfaced area of land other than a street or a public way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors and trailers.
LOT. The word “lot” when used alone shall mean a tract designated as such on a plat properly recorded.
LOT AREA. The total horizontal area within the lot lines of a lot, exclusive of streets and easements providing access to other property.
LOT, CORNER. A lot abutting two or more streets (other than an alley) at their intersection.
LOT COVERAGE. The area of a lot occupied by the principal building or buildings and accessory buildings.
LOT DEPTH. The horizontal distance between the front and rear lot lines measured in the main direction of the side lot lines.
LOT FRONTAGE. The length of the (front) lot line which runs along a public street. For a corner lot, the owner may elect either street line to define the LOT FRONTAGE.
LOT LINE. The property line bounding a lot.
(a) LOT LINE, INTERIOR. A side lot line common with another lot.
(b) 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.
(c) LOT LINE, SIDE. Any lot line not a front or rear lot line.
LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets, and which is not a corner lot.
LOT WIDTH. The horizontal distance between the side lot lines measured at right angles to the lot depth at the established front building line.
MOBILE HOME. A vehicle without motive power originally sold with a title and serial number used or adaptable for living, sleeping, business or storage purposes.
MOBILE HOME PARK. A parcel within the village limits platted with the intent for mobile home occupancy.
MOTOR FREIGHT TERMINAL. A building in which freight, brought to said building by truck, is assembled and sorted for routing in intrastate and interstate shipment by truck.
NON-CONFORMING STRUCTURE. A building or structure or portion thereof, lawfully existing at the time of adoption of this chapter, which does not conform to the regulations of the zoning district in which it is located.
NON-CONFORMING USE. A use which lawfully occupies a building or land at the time of adoption of this chapter, and which does not conform to the use regulations of the zoning district in which it is located.
NON-RETAIL COMMERCIAL. Commercial sales and services to customers who intend resale of the products or merchandise sold or handled. For example, NON-RETAIL COMMERCIAL includes wholesale activities, warehousing, trucking terminals and similar commercial enterprises.
NURSING HOME OR REST HOME. A home for the care of the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for the treatment of sickness or injuries or for surgical care.
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. (American Standard for Sound Level Meters, ASA No. 224.3-1944).
PARCEL DELIVERY STATION. A building in which commodities, sold at retail, are assembled and routed for delivery to retail customers located within the area.
PARKING AREA, PRIVATE. An open area for the parking of private passenger vehicles only of occupants of the building or buildings for which the parking area is developed and is accessory.
PARKING AREA, PUBLIC. An open area, other than a street or public way, used for the parking of passenger vehicles and commercial vehicles under one and one-half ton capacity, and available to the public, whether for compensation, free or as an accommodation to clients or customers.
PARKING SPACE, AUTOMOBILE. Space within a public or private parking area of not less than 180 square feet (nine by 20 feet), exclusive of access drive, or aisles, ramps, columns or office and work areas, for the parking of one passenger vehicle or commercial vehicle under one and one-half ton capacity.
PLANNED UNIT DEVELOPMENT. A tract of land which is developed initially as a unit under single ownership or control, which includes two or more principal buildings and which is at least seven acres in area for a residential planned development, five acres for a business planned development, two acres for a planned development operated by a municipal corporation, and ten acres for a manufacturing planned development.
PORCH. A permanent roofed-over structure, projecting from a wall or affixed to the walls of a main structure.
PRINCIPAL USE. The main use of land or buildings as distinguished from a subordinate or accessory use.
SIGN. Any words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or trademarks by which information is made known and which are used to advertise or promote any individual firm, association, corporation, profession, business, commodity or product, and which is visible from any public street, highway or pedestrian way.
STORY. That portion of a building included between the surface of any floor and the surface of the floor above it. Any portion of a STORY exceeding 14 feet in height shall be considered as an additional STORY for each 14 feet or fraction thereof.
STORY, HALF.
(a) 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 opposite exterior walls, are not more than four and one-half feet above the finished floor of each story.
(b) In the case of one-family dwellings, two-family dwellings and multiple-family dwellings less than three stories in height, a half-story in a sloping roof shall not be counted as a story for the purpose of this chapter. In the case of multiple-family dwellings three or more stories in height, a half-story shall be counted as a story.
STREET. A public right-of-way for vehicular and pedestrian traffic.
STRUCTURE. Something constructed or built having a fixed base on, or a fixed connection to, the ground or another structure.
STRUCTURAL ALTERATION. Any change to the supporting members of a structure including foundations, bearing walls or partitions, columns, beams, girders or any structural change in the roof or in the exterior walls.
USE, SPECIAL. A use which may be acceptable within the intent of comprehensive plan elements, but which is not adequately controlled by the standards defined in this chapter.
USE, PERMITTED. A use which may be lawfully established in a particular zoning district or districts provided it conforms with all requirements, regulations and performance standards, if any, of such district.
USE, PRINCIPAL. The main use of land or buildings as distinguished from a subordinate or accessory use. It may be either a permitted or special use.
YARD. The open space on a lot with a building or group of buildings, unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this chapter. See also the definition of “lot coverage”.
YARD, FRONT. A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the principal building.
YARD, REAR. A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building.
YARD, SIDE. The part of the yard lying between the nearest line of the principal building and a side lot line, and extending from the required front yard (or from the front lot line, if there is no required front yard) to the required rear yard.
ZONING LOT. A parcel of land which (at the time of filing for building permit) is designated by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control. Therefore, a ZONING LOT may or may not coincide with a lot of record.
ZONING DISTRICT MAP. The map or maps incorporated into this chapter as part thereof, designating zoning districts.
(Prior Code, § 9-2-2) (Ord. 2002-4, passed 3-18-2002)