For the purpose of the administration and enforcement of this title, and unless otherwise stated in this title, the following words shall have the meanings as indicated herein. All words not specifically defined herein shall have meanings as found in Webster's seventh new collegiate dictionary.
ABUTTING: Having a common border with, or being separated from such a common border by a right of way, alley or easement.
ACCESSORY USE OR STRUCTURE: A use or structure which is clearly incidental to, customarily found in association with, and serves a principal use; is subordinate in purpose, area, and extent to the principal use served; and is located on the same lot as the principal use, or on an adjoining lot in the same ownership as that of the principal use.
ACCOMMODATION, TRANSIENT: A structure or building, other than a private club, one-family or two-family dwelling, apartment house, boarding house, rooming house, or tenement house, within which units are used for transient guests from time to time. The accommodations may include but are not limited to bed-and-breakfast accommodations, guesthouses, guest quarters, hotels, inns, motels, and tourist homes.
ADJOINING LOT: A lot that shares all or part of a common point or line with another lot.
AGRICULTURE: The use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities.
ALTERATION: Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, or girders, any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.
AREA ZONED FOR RESIDENTIAL USE: Any zoning district or parcel thereof consisting of fifty percent (50%) or greater residential use. RS-10, RM and RT are current districts zoned for residential use. Upon adoption of the I-55 corridor plan, areas zoned for residential use will include rural residential, urban residential and general neighborhood.
BED AND BREAKFAST INN: An operator occupied residence providing accommodations for a charge to the public, with no more than five (5) guestrooms for rent and in operation for more than ten (10) nights in a twelve (12) month period. No meals shall be provided to guests except for breakfast. "Bed and breakfast inns" do not include motels, hotels, boarding houses, or food service establishments.
BUILDABLE AREA: The area of a lot remaining after the minimum yard, dedicated lands and open space requirements of this title have been met.
BUILDING: Any enclosed structure designed, constructed or used for residential, commercial, institutional, industrial or agricultural purpose or accessory thereto.
BUILDING HEIGHT: The vertical distance from the lowest grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.
CALIPER: The diameter of a tree measured six inches (6") above ground level.
CHILDCARE CENTER: A facility which regularly provides daycare for less than twenty four (24) hours per day for four (4) or more children not related to the operator. A "childcare center" shall include the terms "daycare center", "part day childcare facility", and "daycare home" as defined by 225 Illinois Compiled Statutes 10/2.
CHURCH OR PLACE OF WORSHIP: A building or set of buildings used for the purpose of worship and customarily related activities.
COMMERCIAL VEHICLE: Any motor vehicle which is designed or used principally for business, governmental or nonprofit organizational purposes or for carrying passengers for hire, and has a platform, cabinet, box, rack, compartment, or other facility for transportation of materials, equipment, and items other than the personal effects of private passengers.
COMMUNICATION TOWER: A tower used as a base for any communications antenna, including, but not necessarily limited to, antennas for the following: VHF and UHF television; FM or AM radio; two-way radio, cellular telephone, PCS or other wireless telephones, fixed point microwave, low power television, or other wireless communications and common carriers. A "communication tower" shall not be considered a utility substation for purposes of this title.
CORNER LOT: See definition of Lot, Corner.
DISTRICT: Any section or area of the village for which the zoning regulations governing the use, placement of structures, yard and setback requirements, and size and dimension criteria are uniform throughout the village.
DOMESTIC ANIMALS: Dogs, cats, rabbits, small rodents and similar size animals commonly kept as household pets.
DUPLEX: A residential building divided into two (2) dwelling units.
DWELLING, DETACHED: A freestanding dwelling unit which is not attached to any other dwelling unit by any structural means.
DWELLING, MULTIPLE-FAMILY: A residential building containing three (3) or more dwelling units.
DWELLING, SINGLE-FAMILY: A building designed for or occupied exclusively by one family as a single housekeeping unit. A "single-family" dwelling does not include a mobile home.
DWELLING UNIT: One or more rooms at a residential building or portion of a building which are arranged, designed, used, or intended for use as a complete, independent living facility for no more than one family, and which includes permanent provisions for living, sleeping, eating, cooking and sanitation. A "dwelling unit" must have direct access to the outside or to a public hallway. The term dwelling unit shall include a house, dwelling, apartment, bachelor apartment, or tenement, but shall not include only a roaming unit.
EASEMENT: A grant by a property owner of the right of use of his land by another party for a specific purpose.
FAMILY: Any number of individuals related by blood, marriage or adoption living together as a single housekeeping unit or up to three (3) unrelated individuals.
FARM OR FARMLAND: A parcel of land of not less than five (5) acres, in one ownership, that is used primarily for the commercial, soil dependent cultivation of agricultural crop production and/or for the raising of livestock, but not including a feedlot.
FENCE: An outdoor freestanding structure of any material or combination of materials erected for confinement, screening or partition purposes.
FLOOR AREA: "Floor area" shall be determined by measuring the outside dimensions of all enclosed floor area under roof, excluding garages, open and screened porches, carports, terraces, and patios.
FLOOR AREA RATIO: The gross floor area of all principal buildings on a lot divided by the area of the lot.
FRONTAGE: All of the property abutting and measured along the street right of way line.
GASOLINE SERVICE STATION: Any structure or land used for retail sales and dispensing of motor vehicle fuels or oils, whether self-service or not. A service station may furnish supplies, equipment and minor repair services, including tires, to vehicles incidental to selling and dispensing of motor vehicle fuels and oils.
HAZARDOUS MATERIAL: A substance or material which has been determined by the secretary of transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated. The term includes hazardous substances, hazardous wastes, marine pollutants, and elevated temperature materials.
HAZARDOUS WASTE: Any material that is subject to the hazardous waste manifest requirements of the U.S. environmental protection agency specified in 40 CFR part 262.
HOME OCCUPATION: Any occupation or activity carried on within a residential property where the activity is conducted only by members of the family living within the residence where products are not offered for sale from the premises, where no evidence of the occupation is visible or audible from the exterior of the residential property, where traffic is not generated in excess of that customary at residences and where no commercial vehicles are kept on the premises or parked overnight on the premises. (See section 10-14-4 of this title.)
JUNK VEHICLE 1 : Any vehicle that has had its engine, wheels or other parts removed, damaged, altered, or otherwise so treated that the vehicle has been incapable of being driven under its own motor power for a period of at least seven (7) days, or a vehicle which is not currently registered or licensed by the Illinois secretary of state or similar licensing authority of another state.
LIVESTOCK: Animals which have historically been bred, reared and utilized for the production of meat, wool, leather, milk, eggs and similar products, including, but not limited to, cows, hogs, sheep, goats, catfish and fowl which are raised on a commercial basis.
LOT: A designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon as a unit.
LOT, CORNER: A lot situated at the intersection of two (2) or more streets with frontage on two (2) or more adjacent sides. One side yard setback and one rear yard setback must be designated.
LOT DEPTH: The mean distance measured from the front lot line to the rear lot line.
LOT LINE: A line of record bounding a lot, thereby dividing such lot from another lot or from a right of way.
LOT OF RECORD: A lot which is a part of a subdivision, the map of which has been recorded in the office of the county recorder or a parcel of land, the deed of which was recorded in the office of the county recorder prior to the adoption of this title.
LOT WIDTH: For lots with parallel side lot lines, the shortest distance between the side lot lines. For lots where the side lot lines are not parallel, the width of the lot shall be the length of a straight line measured at right angles to the axis of the lot at the front setback required for the district in which the lot is located. The axis of a lot shall be a line joining the midpoints of the front and rear lot lines.
MEDICAL CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is registered by the department of agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis.
MEDICAL CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is registered by the department of financial and professional regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients in accordance with the laws of the state of Illinois.
MOBILE HOME: A structure designed for permanent habitation and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, from the place of its construction to the location, or subsequent locations, at which it is intended to be a permanent habitation and designed to permit the occupancy thereof as a dwelling place for one or more persons. The term "mobile home" shall include manufactured homes constructed after June 30, 1976, in accordance with the federal "national manufactured housing construction and safety standards act of 1974".
MOBILE HOME PARK: A tract of land or two (2) or more contiguous tracts of land upon which contain sites with the necessary utilities for five (5) or more independent mobile homes for permanent habitation either free of charge or for revenue purposes, and shall include any building, structure, vehicle, or enclosure used or intended for use as a part of the equipment of such mobile home park. Separate ownership of contiguous tracts of land shall not preclude the tracts of land from common licensure as a mobile home park if they are maintained and operated jointly. A motorized recreational vehicle shall not be construed as being a part of a mobile home park.
NONCONFORMING BUILDING OR STRUCTURE: A building or structure whose size, dimensions or location was lawful prior to the adoption, revision or amendment of this title, but which would be prohibited or further restricted under the terms of this title.
NONCONFORMING LOT: A lot whose area, dimensions or location was lawful prior to the adoption, revision or amendment of this title, but which would be prohibited or further restricted under the terms of this title.
NONCONFORMING USE: A use or activity which was lawful prior to the adoption, revision or amendment of this title, but which would be prohibited or further restricted under the terms of this title.
NONCONFORMITY, SITE RELATED: A characteristic of the site, such as off street parking or loading, landscaping, drainage or similar matters, which are incidental to the principal use of the property but which do not satisfy current village standards, as established in these zoning regulations.
OUTDOOR RESTAURANT: An eating or drinking establishment which has an unroofed area or a covered area which is not enclosed by walls where patrons may be served food and/or beverages.
OUTDOOR STORAGE: The keeping in an unroofed area of any goods, material, or merchandise in the same place for more than twenty four (24) hours unless such goods, material, or merchandise have been authorized through the issuance of a permit for a temporary outdoor display or temporary seasonal display and sales. The parking of motor vehicles, in operating condition, which are used in the operation of a commercial establishment shall not be considered outside storage.
PERMITTED USE: A use allowed by right in a zoning district and subject to the restrictions applicable to that zoning district.
PETS: Dogs, rabbits, cats, small rodents and similar size domestic animals or fowl kept on a noncommercial basis by occupants of dwellings.
PREMISES: Any land together with any structures occupying it.
PRINCIPAL USE: The primary use of a lot or premises occupying the major portion of all buildings and structures.
RECREATIONAL VEHICLE: A vehicle which can be towed, hauled or driven and is primarily designed as temporary living accommodations for recreational, camping and travel use, or for other recreational transportation including, but not limited to, travel trailers, truck campers, camping trailers, self-propelled motor homes, boats and snowmobiles.
RESIDENTIAL GROUP HOME: A building with an exterior appearance similar to a single-family residence which houses eight (8) or fewer unrelated mentally or physically handicapped persons and may include two (2) additional persons acting as houseparents or guardians.
RESIDENTIAL STRUCTURE: A building, including house trailers or mobile homes, designed or used for residential occupancy, including single family residential structures and multiple family residential structures, but not including hotels, motels, bed and breakfast facilities, or boarding or lodging houses.
SCREENING: A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation.
SEASONAL SALES: The outdoor display of merchandise of interest to consumers on a seasonal basis including, but not limited to, Christmas trees, pumpkins, and lawn and garden supplies.
SELF-SERVICE STORAGE FACILITY: A building or group of buildings in a controlled access compound that contains equal or varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the dead storage of the customer's goods or wares.
SETBACK: The minimum horizontal distance between the front, rear or side lines of the lot and the front, rear or side lines of the building including porches, carports, and accessory uses subject to yard encroachment provisions (see section 10-14-3 of this title). For lots fronting on curvilinear streets, the front setback shall be measured from a line perpendicular to the chord line to the nearest point of a structure.
SETBACK, REQUIRED: The minimum horizontal distance between the lot line and the buildable area of a lot necessary to meet the yard requirements of the applicable zoning district. The required setback line shall be parallel to the lot line.
SHORT-TERM RENTAL PROPERTY: A building or portion thereof that is held out or offered for rent, for overnight lodging for non-permanent or transient guest, for a period shorter than 30 consecutive days. "For rent" shall include any form of the permissive use of a dwelling unit for consideration by nonpermanent or transient occupants at a time when the permanent occupant or owner of the dwelling unit is not residing therein, whether called a rental agreement, license, lease, or term of similar meaning.
SITE PLAN, MAJOR: A scaled drawing of the proposed development of a lot for buildings, structures and other site improvements showing the locations and extent of all such improvements, and where the total amount of impervious surface to be developed or added to the lot is five thousand (5,000) square feet or more in area.
SITE PLAN, MINOR: A scaled drawing of the proposed development of a lot for buildings, structures and other site improvements showing the locations and extent of all such improvements, and where the total amount of impervious surface to be developed or added to the lot is less than five thousand (5,000) square feet in area.
SPECIAL USE: A use that would not be appropriate generally throughout a zoning district because of a potential danger, smoke, noise, odor, or nuisance, but which, if controlled as to number, area, location, or relation to the neighborhood, would not be detrimental to the public health, safety, morals, or general welfare. By definition, a special use is not a permitted use in any zoning district.
STREET: A public or private right of way which affords the principal means of access to abutting property.
STREET TREE: A deciduous hardwood tree with a minimum caliper of two and one-half inches (2-1/2 ") and with a clear trunk of at least six feet (6') which is suitable for urban environments, is tolerant of disease and salt, and is contained on the City's Approved Tree List. Refer to Chapter 12 - Resource Protection Standards, Section 10-12-1 (G)."
STREET TREE, APPROVED: A deciduous hardwood tree with a minimum caliper of two and one-half inches (21/2") and with a clear trunk of at least six feet (6') which is suitable for urban environments, is tolerant of disease and salt, and is included within one of the following species:
A. Thornless honey locust (Gleditsia triacanthos "inermis").
B. Red maple (Acer rubrum).
C. Sugar maple (Acer saccharum).
D. Hedge maple (Acer campestre).
E. Seedless green ash (Fraxinus pennsylvanica "Marshall seedless").
F. White ash (Fraxinus americana).
G. Ginkgo (Ginkgo biloba) (male varieties only).
H. Ironwood (Ostrya virginiana).
I. Pin oak (Quercus palustris).
J. Willow oak (Quercus phellos).
K. Red oak (Quercus rubra).
L. Little leaf linden (Tilia cordata).
M. Silver linden (Tilia tomentosum).
N. Japanese zelkova (Zelkova serrata).
STRUCTURE: Anything constructed, erected or located on the ground, or attached to something having or requiring a fixed location on the ground including a building, sign, billboard, fence, tennis court, parking lot, driveway or similar feature, but not including a regulation mailbox.
SUBDIVISION: The division and recording in accordance with law of a parcel of land into two (2) or more lots for the purpose of transfer of ownership for development, sale or lease.
TEMPORARY USE: A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.
TRAILER: A container, flatbed, wagon, vehicle, or truck, with wheels that is not capable of self-propulsion but is intended to be pulled or towed by another vehicle to carry and transport various items.
USED CAR SALES: A lot or premises where two (2) or more used vehicles are offered for sale concurrently or where four (4) or more used vehicles are offered for sale over a period of one year.
VARIANCE: A relaxation by the board of zoning appeals of the dimensional regulations of this title where such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions or the situation of the applicant, a literal enforcement of the code would result in practical difficulties or particular hardship.
YARD: An open space at grade between a building and the adjoining lot line unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in section 10-14-3 of this title.
YARD, FRONT: A yard extending across the full width of a lot between any building and the front lot line, and measured perpendicular to the building at the closest point to the front lot line. On corner lots, all yards which abut a street are considered front yards.
YARD, REAR: A yard extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line.
YARD, REQUIRED: The minimum setback distance for each yard established by the minimum yard dimensions in the zoning district requirements.
YARD, SIDE: A yard extending from the front yard to the rear lot line between the principal building and the side lot line measured perpendicular from the side lot line to the closest point of the principal building or a yard which is not a front or rear yard. (Ord. 96-21, 9-10-1996; amd. Ord. 2008-37, 11-25-2008; Ord. 2015-4, 1-27-2015; Ord. 2022-27, 10-25-2022; Ord. 2023-15, 5-9-2023; Ord. 2023-32, 11-14-2023)
Notes
| 1 | 1. See also title 4, chapter 7 of this code. |