The following words, phrases and terms, wherever they occur in this title, shall be interpreted as herein defined:
ACCESSORY USE OR STRUCTURE: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
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.
ALLEY: A public way which affords only secondary means of access to abutting properties.
BASEMENT: That portion of a building between floor and ceiling which is partly below and partly above grade but so located that the vertical distance from grade to the floor is less than the vertical distance from grade to ceiling.
BLOCK: A tract of land bounded by streets or by a combination of one or more streets and public parks, cemeteries, railroad rights of way, corporation boundary lines, or other lines of demarcation.
BUILDABLE AREA: The portion of a lot remaining after the yard requirements (front, rear and side) have been fulfilled.
BUILDING: Any structure which is built for the support, shelter, or enclosure of persons, animals, or movable property of any kind which is more or less permanently affixed to the land.
BUILDING AREA: The area bounded by the exterior dimensions of the outer walls at the ground line.
CAMPING EQUIPMENT: May include, but is not limited to: mobile homes, travel trailers, pickup coaches, motor homes, camping trailers, domestic utility trailers, boats, jet skis, and all other major camping or recreational equipment.
CLUSTER SUBDIVISION: Three (3) or more adjacent zoning lots, each of which is to be improved with a single-family detached dwelling, zero lot line two-family dwelling or zero lot line multiple-family dwelling, with the dwellings in the subdivision established on smaller lots than in conventional residential neighborhoods.
CODE: This title 11, the zoning code.
DRIVE-IN ESTABLISHMENT: Any place or premises principally used for the sale, dispensing, or serving of food, refreshments, beverages or other goods in motorized vehicles, including those establishments where customers may serve themselves and may consume the food, refreshments, beverages, or other goods on or off the premises.
DWELLING: A building or portion thereof which is designed for or used for residential purposes.
DWELLING, MULTIPLE-FAMILY (APARTMENT): A building or portion thereof containing three (3) or more dwelling units. The number of families in the residence shall not exceed the number of dwelling units provided.
DWELLING, SINGLE-FAMILY: A detached residential dwelling unit, other than a mobile home, designed for and occupied by one family only.
DWELLING, TWO-FAMILY (DUPLEX): A residential building containing two (2) dwelling units.
DWELLING UNIT: A room or group of rooms constituting all or part of a dwelling, which are arranged, designed, used or intended for use exclusively as living quarters for one family and not more than an aggregate of two (2) roomers not so related, and which includes complete kitchen and bathing facilities permanently installed.
FAMILY: One or more persons related by blood, marriage or legal adoption, or other means of legal custody, occupying a dwelling and living as a single housekeeping unit, and doing their own cooking on the premises.
FLOOR AREA RATIO (FAR): The numerical value obtained through dividing the gross floor area of a building or buildings by the total area of the lot or parcel of land on which such building or buildings is located.
GARAGE, PRIVATE: An accessory building housing not more than four (4) motor vehicles for the personal use of the owner or occupant only, and not for commercial use or gain.
GARAGE, PUBLIC: A building available to the public which is used for storage, repair, rental, greasing, washing, servicing, adjusting, selling or equipping of automobiles or other motor vehicles for commercial use or gain.
HOME OCCUPATION: A gainful occupation or profession customarily carried on by an occupant of a dwelling unit as a use which is clearly incidental to the use of the dwelling unit for residential purposes.
A. The "home occupation" shall be carried on wholly within the principal building or within a building accessory thereto, and only by members of the family occupying the premises and one person outside the family.
B. No article shall be sold or offered for sale on the premises except such as is produced by the occupation on the premises, and no mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to domestic use.
C. There shall be no exterior storage of materials, no other exterior indication of the "home occupation" or variation from the residential character of the principal building, and no offensive noise, odors, vibration, smoke, dust, heat or glare shall be produced.
D. A sign is permitted not more than three (3) square feet in area.
E. Offices, clinics, doctors' offices, hospitals, barbershops, tearooms, restaurants, beauty parlors or hair salons, dress shops, millinery shops, tourist homes, animal hospitals and kennels, among others, shall not be deemed to be "home occupations".
JUNKYARD: Any land or structure used for a salvaging operation including, among other things, the storage and sale of wastepaper, toys, scrap metal, and discarded materials, and the collecting, dismantling, storage and salvaging of unlicensed, inoperative vehicles.
KENNEL: Any premises or portions thereof on which four (4) or more dogs, cats, or other household domestic animals over four (4) months of age are kept or on which more than two (2) such animals are maintained, bred, or cared for, for remuneration or sale.
LAUNDROMAT: An establishment providing home type washing, drying, or ironing machines for hire to be used by customers on the premises.
LOT: When used alone, shall mean a zoning lot, unless the context of this title clearly indicates otherwise.
LOT, CORNER: A parcel of land situated at the intersection of two (2) or more streets or adjoining a curved street at the end of a block.
LOT COVERAGE: The area of a zoning 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 mean direction of the side lot lines.
LOT FRONTAGE: The front of a lot shall be that boundary of a lot along a public street; for a corner lot, the owner may elect either street line as the front lot line.
LOT, INTERIOR: A lot other than a corner lot 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 or lots.
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 are side lot lines.
LOT, REVERSED CORNER: A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.
LOT, THROUGH: A lot having frontage on two (2) 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 mean lot line at the established front building line.
MANUFACTURED HOUSING OR MODULAR HOME: A building assembly, or systems of building subassemblies, designed for habitation as a dwelling for one or more persons, which includes the necessary electrical, plumbing, heating, ventilating, and other service systems, is of closed or open construction, is made or assembled by a manufacturer either on or off the building site for installation, or assembly and installation, on the building site, and has a permanent foundation. Manufactured housing, when referenced, does not include mobile homes.
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).
MOBILE HOME PARK: An area of land or lands upon which two (2) or more independent mobile homes are harbored, either free of charge or for revenue purposes, and shall include any building, structure, tent, vehicle, or enclosure used or intended for use as a part of the equipment of such mobile home park.
MOTOR COURT OR MOTEL: A series of attached, semiattached or detached sleeping or living units, each with its own bathroom and designed for the accommodation of automobile transient guests.
MOTOR FREIGHT TERMINAL: A building or premises in which freight is received or dispatched by motor vehicle.
NONCONFORMING BUILDING OR STRUCTURE: A building or structure which does not comply with all of the regulations of this title, or any amendment hereto, governing parking, loading or bulk and space requirements for the district in which such building or structure is located; or that is located on a lot that does not, or is so located on a lot as not to, comply with the yard or setback requirements for the zoning district in which such building or structure is located.
NONCONFORMING USE: Any use lawfully being made of any land, building or structure on the effective date hereof, or any amendment hereto rendering such use nonconforming, that does not comply with all of the regulations of this code, or any such amendment hereto, governing use for the district in which such land, building or structure is located. A use lawfully in existence at the effective date hereof, or amendment hereto that would hereafter require special exception approval from the zoning board of appeals and board of trustees shall not be deemed a nonconforming use.
NOXIOUS MATTER: Material which is capable of causing injury or malaise to living organisms by chemical reaction, or is capable of causing detrimental effects upon the health or the psychological, social, or economic well being of human beings.
NURSING HOME OR REST HOME: A home for the care of persons who are unable to care for themselves, 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.
OPEN SALES LOT: Any land used or occupied for the purpose of buying and selling merchandise, passenger cars, trucks, any form of trailers, motor scooters, motorcycles, boats and monuments, or for the storing of same prior to sale.
PARK: Any publicly owned park, playground, parkway or roadway within the jurisdiction of the village or any other park or playground not operated for profit.
PARKING SPACE: An all weather surfaced area within the lot lines, enclosed in the main building, in an accessory building, or unenclosed, sufficient in size to store one standard automobile. For purposes of interpreting this definition, a "parking space" shall be deemed to be not less than nine feet by twenty feet (9' x 20') in size, with adequate provision for egress and ingress.
PERFORMANCE STANDARD: A criterion established to control noise, odor, smoke, particulate matter, toxic or noxious matter, vibration, fire and explosion hazards, or glare or heat generated by or inherent in uses of land or buildings.
RECREATIONAL EQUIPMENT: May include, but is not limited to: mobile homes, travel trailers, pickup coaches, motor homes, camping trailers, domestic utility trailers, boats, jet skis, and all other major camping or recreational equipment.
REZONING: See definition of Zoning Map Amendment.
ROOMING HOUSE: A building or portion thereof, other than a hotel, occupied by a family, or not more than three (3) persons who are not members of a family, who pay compensation for lodging and meals.
SCREENING: A structure, or densely planted vegetation serving as a screen, designed to conceal from view the area behind it.
SERVICE STATION, FILLING STATION, GAS STATION: Any building or premises whose principal use is the dispensing, sale, or offering for sale at retail of any motor vehicle fuel or oils. Open storage shall be limited to no more than four (4) vehicles stored for minor repair bearing current license plates. Such storage shall not exceed seventy two (72) hours' duration and shall not permit the storage of wrecked vehicles.
SETBACK: The minimum horizontal distance permitted between the front, side, or rear line of a building, disregarding steps and unroofed porches, and the nearest property line, street or alley right of way line.
SIGNS: 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 an individual, firm, association, corporation, profession, business, commodity, or product, and which is visible from any public street, highway or pedestrianway.
STREET: A public way established or dedicated by duly recorded plat, deed, grant, or governmental authority, or by operation of law.
STREET LINE: The dividing line between the street and the lot, otherwise designated as the property line.
STRUCTURAL ALTERATION: 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 more or less permanent location on the ground, or which is attached to something permanently located on the ground.
TRAVEL TRAILER: A vehicular, portable structure, built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes.
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.
USE, PERMITTED: 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: The main use of land or buildings as distinguished from a subordinate or accessory use. It may be either a permitted or special use.
USE, SPECIAL (BY SPECIAL USE PERMIT): A use of such variable nature as to make control by rigid preregulation impractical. After due consideration in each case, the village board of trustees, after receiving the report and recommendations of the zoning board of appeals relative to the impact of such use upon neighboring land, and of the public need for particular use of a particular location, may or may not grant the special use.
VARIANCE: A modification of the specific requirements of this title granted by the village board of trustees in accordance with the terms of this title for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and district.
YARD: A space on the same lot with a main building, open, unoccupied and unobstructed by structures, except as otherwise provided in this title.
YARD, FRONT: An open, unoccupied space between the front line of the building and the front street line. The front line of the building shall be the line of the main wall nearest to and facing on the street, including sun parlors and enclosed porches, and excluding only steps below the first floor level and entranceways, open, unroofed porches and terraces, and fences and walls not more than three and one-half feet (31/2') in height.
YARD, REAR: A yard extending across the full width of the lot between the rear of the main building and the rear lot line unoccupied other than by accessory buildings which do not occupy more than thirty percent (30%) of the required rear space, the depth of which is the least distance between the rear lot line and the rear of such main building.
YARD, SIDE: An open, unoccupied space on the same lot with a building between the side line of the building and the side line of the lot and extending from the front yard to the rear yard.
ZERO LOT LINE MULTIPLE-FAMILY DWELLING: One dwelling unit attached to not less than two (2) other nor more than four (4) other dwelling units by party walls, with each dwelling unit located on separate lots.
ZERO LOT LINE TWO-FAMILY DWELLING: One dwelling unit attached to one other dwelling unit by a party wall, with each dwelling unit located on separate lots.
ZONING BOARD OF APPEALS: The zoning board of appeals of the village of Heyworth.
ZONING CODE: This title 11.
ZONING LOT: A single parcel of land, which 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. A "zoning lot" may be subsequently subdivided into two (2) or more zoning lots. A "zoning lot" may or may not coincide with a lot shown on any recorded subdivision plat or deed.
ZONING MAP: The map or maps incorporated into this title as a part hereof, designating zoning districts.
ZONING MAP AMENDMENT: An amendment to a zoning district classification.
ZONING TEXT AMENDMENT: An amendment to the text of this title. (Ord. 2009-114, 10-5-2009; amd. 2011 Code; Ord. 2019-74, 12-19-2019)