For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUTTING. Having one or more common boundary lines or district lines.
ACCESSORY BUILDING or USE. A building which is subordinate to and serves a principal building or principal use, and is subordinate in area, extent, and purpose to the principal building or principal use served.
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.
ADVERTISING STRUCTURE. Any notice or advertisement, pictorial or otherwise, and all of size and shape, for the purpose of making anything known, the origin or place of sale of which is not on the property where such advertising structure is located.
AGRICULTURE. The growing, harvesting and storing of crops including legumes, hay, grain, fruit and truck or vegetable crops, floriculture, horticulture, viticulture, mushroom growing, orchards' and forestry; farm buildings for storing and protecting farm machinery and equipment from the elements; and tenants or seasonal or year around hired farm workers. This definition of AGRICULTURE includes all types of agricultural operation, but excludes therefrom animal husbandry and industrial operations such as a grain elevator, canning or slaughterhouse, wherein agricultural products produced primarily by others are stored or processed.
AIRCRAFT. Any contrivance now known or hereafter invented for use in or designed for navigation or flight in the air.
AIRPORT. Any area of land which is used or intended for use for the landing and taking off of aircraft, and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or right-of-way, including all necessary taxiways, aircraft storage and tie-down areas, hangars, and other necessary buildings and open spaces.
ALTERATION. Any change in size, shape, or character of a building or structure or change in the use thereof.
AUTOMOBILE SERVICE STATION. Buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail.
AWNING. A roof-like cover which projects from the wall of a building and overhangs into the yard or public or private street.
BASEMENT. That portion of a building which is partly or wholly below ground level.
BLOCK. A tract of land bounded by public streets, or by a combination of streets and public parks, cemeteries, railroad right-of-way, shorelines, or waterways, the corporate limits of the city or other line of demarcation.
BUILDING. Any structure built for the support, shelter, or enclosure of person, animals, chattels, or movable property of any kind.
BUILDING HEIGHT. Measurement of vertical distance from the grade to the top of the highest roof beams of a flat roof or to the mean level of the highest gable or slope of a hip roof.
BULK. A term used to measure, assess and regulate the impact of buildings, structures or land uses on other nearby buildings, structures or land uses and includes the following factors:
(1) Size and height of buildings;
(2) Location of exterior walls and required on-site facilities at all levels in relation to lot lines, public streets, or to other buildings;
(3) Gross floor area of buildings in relation to lot area (floor area ratio);
(4) All open spaces allocated to buildings;
(5) Amount of lot area provided per dwelling unit; and
(6) Type, amount and location of landscaping and site screening used to shield or reduce the impact of land uses on surrounding property.
CARPORT. An automobile shelter, usually formed by extension of the roof from the side of a building which may be open on the sides.
CAR WASH. A building or portion thereof, containing facilities for washing motor vehicles, using automatic production-line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices, or providing space, water,and equipment for the handwashing of autos, whether by the customer or the operator.
CONFORMING BUILDING or STRUCTURE. Any building or structure which complies with all of the regulations of this zoning chapter or of any amendment hereto governing bulk for the zoning district in which such building or structure is located.
CONFORMING USE. Any use which complies with all the regulations specified in this chapter or any subsequent amendment hereto for the zoning district in which such use is located.
CURB LEVEL. The level of the established curb in front of a building measured at the center of such front. Where no curb has been established, the curb level is the elevation of the centerline of the street adjacent to the lot on which the building is or is to be located measured at the center point of the lot frontage.
DAY CARE CENTER. A premise receiving more than eight children for care during all or part of a day or night.
DAY CARE HOME. A dwelling unit in which one or more persons provide care during the day to not more than eight children. The maximum of eight children includes all natural, adopted and foster minor children of the residents of the dwelling unit, plus any other minors who are under full-time care or supervision in the dwelling unit.
DORMITORY. A residential building where group sleeping accommodations are provided for persons not members of the same family and where the number accommodated exceeds that allowed in a dwelling unit in the district. The group sleeping accommodations may be in one room or in a series of closely associated rooms under occupancy and single management as in college dormitories, fraternity houses, sorority houses, military barracks, and the like, regardless of whether meals are provided.
DISTRICT. A portion of the territory of the city within which certain generally uniform regulations and requirements unique thereto, apply under the provisions of this chapter.
DRIVE-IN ESTABLISHMENT. A business or institution where the principal use is either the offering of goods or services directly to customers waiting in parked motor vehicles or carry-out food service.
DRIVEWAY. A private accessway for motor vehicles between a public or private street and one or more structures or off street parking areas.
DWELLING. A building designed or used principally for residential occupancy containing one or more dwelling units, including single-family, two-family, and multiple-family dwellings.
DWELLING UNIT. One or more rooms arranged or designed for the use of one family living together as a single housekeeping unit with cooking, living, sanitary and sleeping facilities in a self-contained unit.
DWELLING UNIT, ATTACHED. One which is not entirely surrounded by open space.
DWELLING UNIT, DETACHED. One which is entirely surrounded by open space.
DWELLING, MULTIPLE-FAMILY. A building containing three or more dwelling units.
DWELLING, SINGLE-FAMILY. A building containing one dwelling unit only.
DWELLING, TWO FAMILY. A building containing two dwelling units only.
EFFICIENCY UNIT. A dwelling unit consisting of one principal room together with bathroom, kitchen, hallway, closets, or dining area.
FAMILY. Either one person or two or more persons each related to each other by blood, marriage or legal adoption, and an aggregate of not more than two roomers or boarders not related to each other, whether or not gratuitous, maintaining a common household in a dwelling unit; or a group of not more than four persons not so related maintaining a common household in a dwelling unit.
FENCE. A structure other than a building or a portion thereof which is a barrier and is used as a boundary, screen, separation, means of privacy, protection or confinement and is constructed of wood, plastic, metal, wire mesh, masonry, or comparable material.
FLOOD PLAIN. Any area designated on the Special Flood Hazard map of the Federal Insurance Administrator designated as having special flood hazards.
FLOOD BASE ELEVATION. The elevation of the water level at the 100-year flood level.
FLOOR AREA RATIO. The numerical value obtained through dividing the floor area of a building or buildings by the lot area on which such building(s) are located.
FRONTAGE. The measure of lineal contiguity along a public right-of-way as measured along that right-of-way between a lot or portion thereof and another lot, public street, alley or public way.
GRADE. A reference plane representing the average finished ground level adjoining the building at all exterior walls.
GROUND FLOOR AREA. The area of a building in square feet as measured in a horizontal plane at the ground floor level within its largest outside dimensions, exclusive of open porches, breeze-ways, terraces, garages, and exterior stairways, furnace and laundry area.
HELIPORT. An area of land, water and/or a structure or building which is used or intended for use for the landing and taking off of helicopters, and any appurtenant areas which are used or intended for use for heliport buildings or other heliport facilities or right-of-way, including all necessary pads, helicopter storage and tie down areas, hangars and other necessary buildings and open spaces.
HISTORIC AREA. An area containing buildings or places in which historic events have occurred or which have special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community which warrant conservation and preservation.
HOME OCCUPATION. An occupation or professional practice by a member of the family residing in the dwelling unit, which is clearly an accessory use to the principal residential use of the dwelling unit and which is listed in § 153.075 of this chapter.
HOSPITAL. An institution where the sick or injured are given medical or surgical care.
HOTEL, MOTEL or INN. An establishment containing lodging accommodation, designed for use by transients, or travelers, or temporary guests. Facilities provided may include main service, laundering of linen used on the premises, telephone and secretarial or desk service, meeting rooms, and restaurants.
JUNK YARD. An open area where junk waste scrap, used equipment and vehicle parts, discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles. A JUNK YARD includes automobile wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but does not include uses established entirely within enclosed buildings.
KENNEL. Any premises where three or more dogs, cats, or other household domestic animals over four months of age are owned, boarded, bred or offered for sale.
LOT. A parcel, tract or area of land with access from an abutting street for the full width of the lot, and which is occupied by or principal use together with any accessory buildings and such yard area as required by this chapter. It may be a single surveyed parcel separately described in a deed or plot which is recorded in the office of the County Recorder, or it may include parts of, or a combination of such surveyed parcels when adjacent to one another and used as one. In determining lot area and boundary lines no part under water or within the limits of a street shall be included.
LOT, AREA. The area of a horizontal plane bounded by the vertical planes through front, side and rear lot lines.
LOT, CORNER. A lot situated at the intersection of two streets.
LOT, DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundaries.
LOT, INTERIOR. A lot other than a corner or reversed corner lot.
LOT LINE (PROPERTY LINE). A boundary line of a lot.
LOT LINE, FRONT. The boundary line of any lot which is along a dedicated public street or the occupation line on a non-dedicated public street. On corner lots the front lot line shall be the boundary line along such street right-of-way line that is established at the time of application of a building permit.
LOT LINE, REAR. The lot line most nearly parallel to and most remote from the front lot line.
LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the White or Edwards County Recorder of Deeds, or a lot or parcel described by metes and bounds, the description of which has been so recorded on the date of the adoption of this chapter.
LOT, REVERSED CORNER. A corner lot the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.
LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.
LOT, THROUGH. A lot having a pair of opposite lot lines along two more or less parallel public streets, and which is not a corner lot. On a THROUGH LOT both street lines shall be deemed front lot lines.
LOT WIDTH. The mean horizontal distance between the side lot lines of a lot, measured within the lot boundary. LOT WIDTH shall be measured at the front lot line or at the required setback line or cul-de-sac within the lot boundary behind the required front yard setback line.
MOBILE HOME. A dwelling unit of vehicular, portable design built on a chassis and designed to be moved from one site to another and capable of being used with or without a permanent foundation.
MOBILE HOME PARK. A lot or lands upon which two or more independent mobile homes are located either free of charge or for a fee, and shall include any buildings, structure, tent vehicle or enclosure used or intended for use as a part of the equipment of such mobile home park.
MODULAR or MANUFACTURED HOME. A dwelling unit intended to be used for residential occupancy and designed to be located on a permanent foundation as identified by the Illinois modular seal affixed to the electrical panel box.
NAMEPLATE. A sign indicating the name and address of a building, or the name of an occupant thereof and/or the occupation practiced therein.
NONCONFORMING BUILDING or STRUCTURE. Any building or structure or portion thereof lawfully existing at the time of adoption of this chapter, or amendment thereto, which does not comply with all the regulations of this chapter or any amendment hereto governing bulk for the zoning district in which such building or structure is located.
NONCONFORMING LOT. A lot of record which when recorded met the minimum lot area and other dimension requirements of the city, but which through subsequent amendments to such code or other dimension requirements of the codes is no longer in conformance.
NONCONFORMING USE. Any use of land, buildings, or structures which use is not permitted in the zoning district in which such use is located, but which use was permitted at the time such use was established.
NURSERY (GREENHOUSE). A space, building or structure, or combination thereof for the storage of live trees, shrubs or plants offered for wholesale or retail sale on the premises, including products used for landscaping and gardening.
NURSING HOME. A home for the aged, chronically ill, incurable persons, or a place of rest for those suffering bodily disorders in which three or more persons, not members of the immediate family residing on the premises, are received, kept or provided with food and shelter or care, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of disease or injury.
OBSTRUCTIONS. That which blocks, closes off or cuts off from sight.
OPEN SALES LOT. Any land used or occupied for the purpose of buying and selling merchandise, motor vehicles, any form of trailers, mobile homes, motorized homes, motor scooter, motorcycles, boats, aircraft and monuments, or for the storing of the same prior to sale.
PARKING SPACE. A space within a public or private parking area which contains minimum dimensions of nine feet by 20 feet, exclusive of access drives or aisles, for the purpose of vehicular storage.
PRINCIPAL BUILDING. A building in which the principal use of the lot on which it is located is conducted. A structure that is attached to such a building in a substantial way, such as by a roof, is considered part of the principal building.
PRINCIPAL USE. A primary use of land or buildings as distinguished from an accessory use. A PRINCIPAL USE may be either permitted or special.
RECREATIONAL VEHICLE. A wheeled vehicle or unit, primarily designed for temporary living quarters, propelled by its own motor, or drawn by another motorized vehicle. Recreational vehicles include motor homes, travel trailers, camping trailers and truck campers. Recreational vehicles may not be used as permanent living quarters. Under certain circumstances described in § 153.082, some recreational vehicles with fixed solid exteriors may be granted a permit for temporary living quarters in districts zoned as AG, R-1 or MH. As defined herein, a recreational vehicle that is the subject of an application for a permit for termporary living quarters must have its own toilet and a system for sewage disposal. Additionally, the applicant must agree that the permitted recreational vehicle shall be connected to and use municipal sewer and water, available electricity and/or municipal gas service.
RIDING STABLE. The grounds and building where horses are bred, raised, trained, boarded or kept for remuneration, hire, or sale.
ROOMING HOUSE. Any residential building, or any part thereof containing one or more rooming units, in which space is let by the owner or operator to more than five persons who do not constitute a family.
ROOMING UNITS. Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
ROW HOUSE (TOWN HOUSE). A multiple-family dwelling containing three or more attached dwelling units, each on its own plot of ground and joined to one (end unit) or two (interior units) dwelling units by firewalls. Each dwelling unit shall occupy the internal space from the ground to the roof.
SETBACK. The horizontal distance between the front lot line and any building or structure located on such lot.
SIGN. Any identification, description, illustration or device illuminated or non-illuminated which is visible from any public place or is located on private property and exposed to the public and which directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise or any emblem printing, banner, pennant, placard or temporary sign designed to advertise, identify or convey information, with the exception of window displays and national, state, county, municipal and religious flags, including foods and services, offered upon the property on which the sign is located.
SPECIAL USE PERMIT. A specified use of land or buildings, or both, described and permitted herein, subject to special provisions, and which because of its unique characteristics cannot be properly classified as a permitted use, as provided in § 153.107.
STORY. That portion of a building included between the upper surface of a floor and upper surface of the floor or roof next above. A basement shall be counted as a STORY.
STRUCTURE. Anything constructed or erected that requires location on or in the ground or attachment to something having a location on or in the ground.
STRUCTURAL ALTERATION. Any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as the addition, removal, or alteration of a bearing wall, columns, beams, girders, or foundations.
TOURIST CAMP. A residential facility designed, used, or intended to be used to accommodate the overnight temporary location, hook-up or use of its facilities for travel trailers, camp trailers, and RVs.
USE. The purpose or activity for which the land, or building thereon, is designed, arranged, or intended, or for which it is occupied or maintained, and shall include any manner of performance of such activity with respect to the performance standards of this chapter.
USE, PERMITTED. A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements and regulations of such district.
WAREHOUSE. A structure, part thereof, or area used principally for the storage of goods and merchandise.
WHOLESALE ESTABLISHMENT. A business establishment engaged in selling to retailers or jobbers rather than consumers.
YARD. An open space, on the same lot with a building or structure, unoccupied and unobstructed from its lowest level to the sky.
YARD, FRONT. A yard, required or otherwise, extending along the full length of the building or structure, including any overhang features, to the front lot line.
YARD, REAR. A yard, required or otherwise, extending along the full length of the rear lot line between the side lot lines, from the rear line of the building or structure, including any overhang features, to the rear property line.
YARD, SIDE. A yard, required or otherwise, extending along the side lot line between the front yard and the rear yard from the side line of the building or structure, including any overhang features to the side property line.
YARD, CORNER SIDE. A side yard which faces a public street.
YARD, INTERIOR SIDE. That which is located immediately adjacent to another lot or to an alley separating such side yard from another lot.
ZONING BOARD. The body authorized to enforce the Grayville Zoning Ordinances according to the powers and duties listed herein.
ZONING DISTRICT. A section or sections of incorporated territory of the city for which the regulations and requirements governing use, lot and bulk, or buildings and premises are uniform.
ZONING DISTRICT MAP AMENDMENT. The procedure set forth to change the zoning district boundaries of the zoning district map portion of this chapter.
ZONING MAP. That portion of this chapter showing all of the zoning district boundaries within the city.
ZONING TEXT AMENDMENT. The procedure set forth to change the text or written portion of the chapter.
(Ord. 443, passed 5-19-86; Am. Ord. 641, passed 9-23-02; Am. Ord. 877, passed 9-23-19)