For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING. A subordinate building or a portion of the main building, the use of which is incidental to that of the dominant use of the main building or premises. A mobile home shall not be considered permissible as an ACCESSORY BUILDING.
ACCESSORY USE. A use customarily incidental and subordinate to the principal use and located on the same lot with such principal use. An ACCESSORY USE includes but is not limited to the following:
(1) A children’s playhouse, garden house, and private greenhouse;
(2) A civil defense shelter serving not more than two families;
(3) A garage, shed, or building for domestic storage;
(4) Incinerators incidental to residential use; and
(5) Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless such storage is excluded by the district regulations.
AGRICULTURAL USE. The use of land for agricultural purposes. This includes necessary buildings and structures used for agriculture including, but not limited to, farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses of packing, treating, or storing produce; provided, however, the operation of any such accessory uses should be secondary to that of the normal agricultural activities. Buildings occupied as residences by persons not engaged in agricultural operations should not be considered to be used for agricultural purposes.
ALLEY. A public thoroughfare which affords only a secondary means of access to abutting property.
ALTERATION. A change or rearrangement of the structural parts or in the exit facilities or an enlargement, whether by extending on a side or by increasing in height, or in moving from one location or position to another or by change in use from that of one district classification to another of a building or structure.
APARTMENT HOUSE. See MULTIPLE DWELLING.
ASSISTED LIVING HOUSING. A dwelling where (for compensation and by prearrangement for definite periods) meals and lodging are provided for elderly or other persons who require assistance, and where at least one person is available to assist with the living care, at all times, for residents of persons who do not constitute a family and are not necessarily related.
BASEMENT. A story having part but not more than one half its height below grade. A BASEMENT is counted as a story for the purpose of height regulations, if subdivided and used for business or dwelling purposes by other than a janitor employed on the premises.
BED AND BREAKFAST ESTABLISHMENT. A single-family residential dwelling which shall not be treated as a hotel or other facility serving transient tenants and meets the following criteria:
(1) Has five or fewer sleeping rooms, including sleeping rooms occupied by the operator, one or more of which are available for rent to transient tenants;
(2) Serves meals at no extra cost to its transient tenants; and
(3) Has a smoke detector in proper working order in each sleeping room and a fire extinguisher in proper working order on each floor.
BOARDING HOUSE. A building, other than a hotel, where (for compensation and by prearrangement for definite periods) meals or lodging and meals are provided for three or more persons but not exceeding 20 persons.
BUILDING. Any structure for the shelter, support, or enclosure of persons, animals, chattels, or property of any kind, and when separated by dividing walls without openings, each portion of such building, so separated, shall be deemed a separate BUILDING. Trailers or mobile homes, as defined herein, shall not be within the meaning of the term BUILDING. Includes the term STRUCTURE.
BUILDING, HEIGHT OF. The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or the average height of the highest gable of a pitch or hip roof.
BUILDING INSPECTOR. The duly appointed or employed officer whose duty is to enforce the provisions of any zoning ordinance established by the city, as established in § 156.236 herein.
CELLAR. A portion of a building located partly or wholly underground and having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.
COMMERCIAL RECYCLING. Commercial recycling includes any collection of any material of any kind for re-utilization in manufacturing, re-manufacturing, or reprocessing activities and all associated activities and processes including, but not limited to, collection, storage, transport, or disposal thereof of any materials that are not household recycling as herein defined.
DISTRICT. Any section of the city for which the regulations governing the use of buildings and premises, or the height and area of buildings, are uniform.
DWELLING. Any building or portion thereof which is designed or used exclusively for residential purposes.
DWELLING, MULTIPLE. A building or portion thereof designed for occupancy by three or more families.
DWELLING, SINGLE-FAMILY. A building designed for occupancy by one family.
DWELLING, TWO-FAMILY. A building designed for occupancy by two families.
DWELLING UNIT. A building or portion thereof providing complete housekeeping facilities for one family.
FAMILY. One or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, or hotel, as herein defined.
FILLING STATION. Any building or premises used principally for the storing, dispensing, selling, or offering for sale at retail of automobile fuels or oils.
FLOOR AREA (OF A DWELLING UNIT OR LODGING ROOM). The sum of the gross horizontal areas of the rooms constituting the dwelling unit or lodging room (including closets, baths, utility rooms, enclosed porches, and hallways) when accessible only to the other occupants of said dwelling or lodging room and not accessible to other occupants of the building or to the general public and only when such rooms, walls, or other areas are an integral part of said dwelling unit or lodging room. FLOOR AREA shall be measured from the interior faces of the outermost walls defining the dwelling unit or lodging room but shall not include any unfinished space or finished space having head room of less than five feet.
FRONTAGE. All property abutting on one side of a road, street, or place between two intersecting roads or places (crossing or terminating) or, if the road, street, or place is dead-ended, then all the property abutting on one side between an intersecting road, street, or place and the dead end of the road, street, or place.
GARAGE, PRIVATE. An accessory building designed or used for the storage of not more than five motor-driven vehicles licensed for road use, owned and used by the occupants of the building to which it is accessory.
GARAGE, PUBLIC. A building or portion thereof, other than a private or storage garage, designed or used for servicing, repairing, equipping, hiring, selling, or storing motor-driven vehicles.
GARAGE, STORAGE. A building or portion thereof designed or used exclusively for housing four or more motor-driven vehicles.
GRADE.
(1) For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street;
(2) For buildings having walls adjoining more than one street, the average of the elevation of the sidewalk at the centers of all walls adjoining the streets;
(3) For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building; and
(4) Any wall approximately parallel to and not more than five feet from a street line is to be considered as adjoining the street.
HOME OCCUPATION. Any occupation or profession carried on by a member of a family, residing on the premises, in connection with which there may be used one sign not more than two square feet in area; provided, no person is employed other than a member of the immediate family residing on the premises, provided that such occupation shall not be conducted in a way that would be objectionable to surrounding residents.
HOTEL. A building used as the abiding place of more than 20 persons who are lodged with or without meals for compensation.
HOUSEHOLD RECYCLING. Includes any activity for the collection of glass, tin cans, newspapers, plastic, aluminum (cans, foil, pans, cookware, and furniture), magazines, or textiles from households and the disposal thereof for re-utilization in manufacturing or other processing activities and all associated activities and processes including, but not limited to, collection, storage, transport, and disposal thereof.
INSTITUTION. A building occupied by a non-profit corporation or a non-profit establishment for public use.
LOADING SPACE. A space on the lot accessible to an alley or a street not less than ten feet in width, 20 feet in length, and ten feet in height.
LODGING HOUSE. A building where lodging only is provided for compensation to three or more but not exceeding 20 persons, in contradistinction to hotels open to transients.
LOT. A parcel of land occupied or intended for occupancy by one main building together with its accessory buildings and uses customarily incidental to it, including the open spaces required by this chapter and having its principal frontage upon a street or upon an officially approved place. This term includes the word PLOT.
LOT, CORNER. A lot adjoining two or more streets at their intersection.
LOT, DEPTH OF. The mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE. A lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.
LOT, INTERIOR. A lot other than a corner lot.
LOT, REVERSED FRONTAGE. A lot having frontage at right angles to the general pattern in the area. A REVERSED FRONTAGE lot may also be a corner lot.
LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets and which is not a corner lot. THROUGH LOTS abutting two streets may be referred to as DOUBLE FRONTAGE LOTS.
LOT LINE, FRONT. In the case of an interior lot, a line separating the lot from the road, street, or place and, in the case of a corner lot, a line separating the narrowest frontage of the lot from the street.
LOT LINE, REAR. The boundary of a lot which is the most distant from and is or is approximately parallel to the front lot line. If the rear lot line is less than ten feet in length or if the lot forms a point at the rear, the REAR LOT LINE shall be deemed to be a line ten feet in length, within the lot, parallel to, and at the maximum distance from the front lot line.
LOT LINES. The lines bounding a lot.
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 of Deeds or a lot described by metes and bounds, the description of which has been recorded in the office of the County Recorder of Deeds.
LOT WIDTH. The dimension of a lot measured between side lot lines on the building line and at right angles to the depth of the lot.
MODULAR HOME (MODULAR DWELLING). Any dwelling with 50% of its construction complete prior to the time such structure is to be permanently assembled and affixed to a foundation.
NONCONFORMING USE. The use of any premises contrary to the use provisions of this chapter for the district in which the premises are located.
PARKING LOT. A parcel of land devoted to unenclosed parking spaces.
PARKING SPACE. An impervious surfaced area, enclosed or unenclosed, sufficient in size to store one automobile, together with a surfaced driveway connecting the parking space with a street or alley and permitting ingress and egress of an automobile.
PLACE. An open, unoccupied space other than a street or alley permanently reserved as the principal means of access to adjoining property.
ROOMING HOUSE (BOARDING HOUSE OR TOURIST HOME). A building or portion thereof containing lodging rooms which accommodate three or more persons who are not members of the keeper’s family and where lodging rooms or meals or both are provided for compensation.
SIGNS, SIGNBOARDS, or BILLBOARD. Any structure or portion thereof situated on private premises, on which lettered, figured, or pictoral matter is or is intended to be displayed for advertising purposes other than the name and occupation of the user of or the nature of the business conducted on such premises or the products primarily sold or manufactured thereon. This definition should not be held to include real estate sign advertising for sale or to rent the property upon which it stands.
STORY. The portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, the space between the floor and the ceiling next above it.
STORY, HALF. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than two-thirds of the floor area is finished off for use. A HALF-STORY containing independent apartment or living quarters shall be counted as a full story.
STREET. All property dedicated or intended for public or private street purposes or subject to public easements therefor.
STREET LINE. A dividing line between a lot, tract, or parcel of and a contiguous street.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders or any complete rebuilding of the roof, but this shall not include repairs or maintenance necessary for the normal upkeep of the building or any rearrangement of interior partitions.
STRUCTURE. Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground. Any machinery or equipment weighing in excess of 50,000 pounds shall, for the purpose of this chapter, be considered to be permanently attached to the ground even though the equipment, under appropriate circumstances, may be portable and even though the equipment may be equipped with wheels for its movement from time to time.
TOURIST OR TRAILER CAMP. An area containing one or more structures designed or intended to be used as temporary living facilities of two or more families and intended primarily for automobile transients or providing spaces where two or more tents or auto trailers can be parked; provided, however, no person or family shall occupy the parking or living facilities of such a camp for more than 30 consecutive days.
TRAILER (MOBILE HOME). Any structure used for living, sleeping, or storage purposes which has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place or which has been designed to be equipped with wheels or other devices for transporting the structure from place to place, whether by motor power or other means and whether located or proposed to be located on a permanent foundation or other foundation of any type. The term TRAILER shall include camp car and house car. A TRAILER (MOBILE HOME) may be further defined in accordance with Ordinance 22 (Series 1979-80).
TRAILER (MOBILE HOME) PARK. An area of land divided into two or more lots or parking berths platted and laid out to provide sites for trailers permanently affixed to the land. A TRAILER shall be deemed to be permanently affixed to the land when its wheels or other transporting device have been removed therefrom or otherwise fixed so as to prevent ready removal or ready mobility of such trailer.
TRAVEL TRAILER COURT. An area of land containing two or more trailers or providing space where two or more trailers are harbored or parked or intended to be harbored or parked without being permanently affixed to the land, either free of charge or for remuneration purposes, and shall include any building, structure, tent, vehicle, or enclosure used or intended for use as a part of the equipment of such court.
USE. The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term PERMITTED USE or it’s equivalent shall not be deemed to include any nonconforming use.
USE, ACCESSORY. See ACCESSORY USE.
USE, PRINCIPAL. The main use of land, building, or structure as distinguished from a subordinate or accessory use.
USE, SPECIAL. Any building, structure, or use which, on the effective date of this chapter, complies with the applicable regulations governing special uses in the zoning districts in which such building, structure, or use is located.
YARD. An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard, for the purpose of determining the width of a side yard, the depth of a front yard, or the depth of a rear yard, the minimum horizontal distance between the lot line and that portion of the main building which is closest to the lot line shall be used, and no eaves or roof overhang or any other portion or part of the building or structure shall be closer to the lot line than the minimum width of the yard as provided herein.
YARD, FRONT. A yard extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections, other than steps, unenclosed balconies, and unenclosed porches. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimensions. On both corner lots and interior lots, the rear yard shall, in all cases, be at the opposite end of the lot from the front yard.
YARD, SIDE. A yard between the building and the side line of the lot and extending from the front lot line to the rear lot line.
ZONING ADMINISTRATOR. The duly appointed or employed officer whose duty is to enforce the provisions of any zoning ordinance established by the city.
ZONING COMMISSION. The duly appointed Zoning Commission of the City of Hamilton.
ZONING DISTRICT MAP(S), MUNICIPAL. Zoning district maps for the City of Hamilton, Illinois, within Hancock County, which zoning district map shows the boundaries of the zoning districts for the area inside the limits of said city and within one and one-half miles of the corporate limits. Zoning district maps are hereby part of this chapter. See Appendix 2 for lot terms, map, and types of lot maps.
(Prior Code, Chapter 24, Article 2) (Ord. 19 (Series 1985-1986), passed 10-6-1986; Ord. 3 (Series 1998-1999), passed 5-18-1998; Ord. 7 (Series 2003-2004), passed 7-6-2004)