ABANDONED SIGN: A sign which no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, project or activity conducted or product available on the premises where such sign is displayed.
ABUTTING (Contiguous, Adjacent): Having one or more common boundary lines or district lines.
ACCESS: A way or means of approach to provide physical entrance to a property.
ACTIVE AGRICULTURAL OPERATION: An act of performing "agriculture" as defined in this section.
ADULT: A person eighteen (18) years and older.
ADULT BOOKSTORE: An establishment having ten percent (10%) or more portion of its stock in trade, to include, but not limited to, books, photographs, magazines, films for sale or viewing on the premises by use of motion picture devices, or other coin operated means, or other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to "specified sexual activities" as defined herein.
ADULT ENTERTAINMENT ESTABLISHMENTS: A "modeling studio", "adult bookstore", "adult entertainment facility", "bathhouse" or "massage parlor" as defined herein.
ADULT ENTERTAINMENT FACILITY: Any building, structure or facility which contains or is used entirely or partially for commercial entertainment, including theaters used for presenting live presentations, videotapes or films predominantly distinguished or characterized by their principal emphasis on matters depicting, describing, or relating to "specified sexual activities", as defined herein, and exotic dance facilities (regardless of whether the theater or facility provides a live presentation, videotape or film presentation), where the patrons either:
A. Engage in personal contact with, or allow personal contact by employees, devices or equipment, or by personnel provided by the establishment which appeals to the prurient interest of the patrons; or
B. Observe any live presentation, videotape or film presentation of persons wholly or partially nude with their genitals or pubic region exposed or covered only with transparent or opaque covering, or in the case of female persons with the areola and nipple of the breast exposed or covered only with transparent or opaque covering or to observe "specified sexual activities" as defined herein.
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.
AGRI-TOURISM: The act of visiting an active agricultural operation for the purpose of education, enjoyment or active involvement for the visitor in the activities of the agricultural operation.
AGRICULTURAL PROCESSING: The initial processing of crop based agricultural products that is reasonably required to take place in close proximity to the site where such products are produced. Typical uses include grain elevators and grain mills.
AGRICULTURAL SALES AND SERVICE: An establishment primarily engaged in the sale or rental of agricultural tools and implements, feed and grain, tack, animal care products and agricultural supplies. This definition excludes the sale of large implements, such as tractors and combines, but includes food sales and agricultural machinery repair services that are accessory to the principal use.
AGRICULTURAL THEMED PUBLIC EVENTS: An event organized, managed and promoted that is beyond the principal agriculture use, or permitted agri-tourism activity normally associated with the operation that includes, but is not limited to, the selling of additional food, alcohol, or other goods; the installation of tents, stages and stands. An active agricultural operation may not exceed three (3) 3-day agricultural themed public events annually.
AGRICULTURE: An art or science of cultivating the ground, including harvesting of crops and rearing and management of livestock; tillage; husbandry; farming; in a broader sense, the science and art of the production of plants and animals useful to man, including to a variable extent the preparation of these products for man's use. In this broad use it includes farming, horticulture and forestry, together with such subject as butter and cheese making, sugar making, etc. Unless restricted by the context, the words "agricultural purposes" have generally been given this comprehensive meaning by the courts of the Country.
AIRCRAFT: Any contrivance, now known or hereafter invented, for use or designed for flight in air.
AIRPORT OR AIRSTRIP: Any public or privately owned or operated ground facility designed to accommodate landing and takeoff operations of aircraft, including all taxiways, aircraft storage and tie down areas, hangars and other nonresidential buildings and open spaces.
ALLEY: A public right-of-way which is less than thirty four feet (34') (9 m) wide and affords a secondary means of access to abutting property. Frontage on an alley shall not be construed as satisfying the requirements related to frontage on a public street.
ALTERATION: A change in shape, location, character, occupancy or use of a building or structure.
AMUSEMENT EVENTS/FESTIVALS: Activities intended for public amusement which may or may not require some sort of remittance to enter the activity area or partake in the activity and is open to the general public where patrons attend for social or pleasure rather than business reasons. Uses that fall under agri-tourism and agricultural themed public events shall not be treated as amusement events/festivals. For the purpose of this definition "events/festivals" includes but is not limited to: circus, carnival, fair, flea market, craft fair, trade show, concert, athletic competition, haunted house/barn, and any similar activity not involving the erection of any permanent structure or facility. Large scale events/festivals when utilizing more than five (5) acres of land shall be considered large scale and are not permittable under section 8-5B-37 of this title, with the exception of a haunted forest and historical reenactments.
AMUSEMENT EVENTS/FESTIVALS, LARGE SCALE: Those uses identified under amusement event/festivals when utilizing more than five (5) acres of land mass.
ANIMAL CARE, GENERAL: A use providing animal care, veterinary services or boarding. See definitions of animal care, limited and kennel.
ANIMAL CARE, LIMITED: A use providing animal care, boarding and veterinary services for household pets, with no outside animal runs. See definitions of animal care, general and kennel.
ANIMATED SIGN: Any sign which includes action or motion. For purposes of this title, this term does not refer to flashing or changing, all of which are separately defined.
APPLICANT: The owner or duly designated representative of land for which a rezoning, special use permit, amendment, variance, construction permit, or certificate of occupancy has been requested.
AREAS OF NATURAL, HISTORICAL/CULTURAL, GEOLOGICAL, EDUCATIONAL, OR RESEARCH SIGNIFICANCE: These areas consist of ecologically important and/or cultural/archaeologically important sites for protection as natural areas or known archaeological sites. Natural resources conservation areas protect outstanding examples of native ecosystems, habitat for endangered, threatened and sensitive plants and animals, and scenic landscapes. Cultural resource areas protect outstanding examples of human settlements, village sites, effigy mounds and burial mounds as determined by the Illinois State Archaeological Survey. Education and low impact public use are appropriate on conservation areas where they do not impair the resource values of the area protected. Research, educational use, and public access natural and cultural areas provide unique opportunities for research and education by protecting relatively undisturbed native communities, wildlife habitat, and populations of native rare plants. Educational use of natural and cultural areas are used as outdoor classrooms by all educational levels, from primary school through college graduate studies and continuing adult education. Other public access would allow low impact uses that do not negatively affect special features of the sites. This may include hiking and other similar uses. Accessory uses such as interpretive centers would be appropriate.
ARTERIAL ROAD: A street that provides for through traffic movement between and around areas, with restricted access to abutting property and subject to necessary control of entrances and exits.
ASPHALT OR CONCRETE PLANT: An establishment engaged in the manufacture, mixing, batching or recycling of asphalt, asphaltic cement, cement or concrete products.
ASSISTED LIVING MULTI-FAMILY DWELLING UNITS: Used or designed to be used by older persons, persons with HIV, persons with disabilities or other persons needing or desiring assistance with day to day living matters, but not including group homes, group residential, hospitals or convalescent care facilities. Typical uses include retirement communities in which housekeeping services, common dining facilities, and recreational and social activities are offered to residents.
AUDITORIUM OR STADIUM: An open, partially enclosed or fully enclosed facility used or intended to be used primarily for spectator sports, entertainment events, expositions and other public gatherings. Typical uses include convention and exhibition halls, meeting halls, sports arenas and amphitheaters.
AUTOMATED TELLER MACHINE (ATM): A mechanized consumer banking device operated by a bank or financial institution for the convenience of its customers, whether outside or in an access controlled facility. ATMs located within a building shall be considered accessory to the principal use unless the ATM is likely to be an independent traffic generator.
AWNING: A rooflike mechanism, retractable in operation and covered with a flexible textured material which projects from the wall of a building.
AWNING SIGN: An architectural projection from and supported by the exterior wall of a building and composed of a covering of rigid or nonrigid materials and/or fabric on a supporting framework that may be either permanent or retractable, including such structures that are internally illuminated by fluorescent or other light sources.
BANK OR FINANCIAL INSTITUTION: Establishments engaged in deposit banking. Typical uses include commercial banks, savings institutions and credit unions. "Banks and financial institutions" also include automated teller machines.
BANNER: A sign made of fabric, plastic, paper or other light, pliable material, not enclosed in a rigid frame.
BAR OR TAVERN: An establishment in which the primary function is the sale and serving of alcoholic and cereal malt beverages for consumption on the premises, including establishments commonly known as cocktail lounges and nightclubs but excluding those establishments that would otherwise be defined as an "adult entertainment facility".
BASEMENT: That portion of a building having one-half (1/2) or more of its floor to ceiling height below average grade of the ground immediately adjacent to its walls. A basement shall be counted as a story for the purposes of height measurement.
BASIC INDUSTRY: An establishment engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials. Typical uses include distilleries, pulp processing and paper products manufacturing; glass manufacturing; brick manufacturing; steelworks; tanneries; acid manufacturing; cement, lime, gypsum, or plaster of Paris manufacturing; fertilizer or chemical manufacturing; and petroleum refineries.
BATHHOUSE: An establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated or supervised by a medical or chiropractic practitioner or professional physical therapist licensed by the state.
BED AND BREAKFAST ESTABLISHMENT: An operator occupied residence providing accommodations for a charge to the public with no more than five (5) guestrooms for rent, in operation for no more than ten (10) consecutive nights in a twelve (12) month period and where breakfast is provided to the guests only. Bed and breakfast establishments shall not include motels, hotels, boarding houses or food service establishments. In the agricultural district, a guesthouse/bed and breakfast may incorporate the use of accessory buildings detached from the main house providing they are suitable for human habitation. For purposes of this definition, "guestroom" shall mean a sleeping room intended to serve not more than two (2) guests per night.
BERM: A mound of earth, or the act of pushing earth into a mound.
BLOCK: A block is a tract of land bounded by public streets, or by a combination of streets and public parks, cemeteries, railroad rights of way, rivers and lakes and/or other lines of demarcation. A block may be located in part within an incorporated city or village.
BUILDING: Any permanently fixed structure used or intended for supporting or sheltering any use or occupancy. Except in the floodplain overlay district, the terms building or structure do not include recreational vehicles or trailers.
BUILDING, ACCESSORY: A structure that:
A. Is subordinate in area, extent and purpose to the principal use;
B. Contributes to the comfort, convenience or necessity of the principal use; and
C. Is located on the same lot and in the same zoning district as the principal use.
BUILDING AND ZONING OFFICE: The office of the zoning administrator of Jo Daviess County from which the zoning administrator, and such deputies or assistants as may be duly appointed by the county board to administer and enforce the provisions of this zoning ordinance and make such determinations, interpretations and orders as are necessary therefor, and require such plats, plans, and other descriptive material in connection with applications for permits as are necessary for him/her to judge compliance with this title in accordance with regulations set forth in this title.
BUILDING, COMPLETELY ENCLOSED: A building separated on all sides from the adjacent open space, or from other structures, by a permanent roof and by exterior or party walls, pierced only by windows and normal entrance or exit doors.
BUILDING COVERAGE: The area of a lot covered by buildings or roofed areas, as measured along the outside wall at ground level, and including all projections, other than open porches, fire escapes, canopies and the first three feet (3') of a roof overhang. Ground level parking, open recreation areas, patios and plazas shall not be counted as building coverage.
BUILDING, DETACHED: A building which is not connected to any other building or structure.
BUILDING FACE OR WALL: All window and wall areas of a building in one plane or elevation.
BUILDING HEIGHT: The vertical distance from the curb level to the highest point of the underside of the ceiling beams in the case of a flat roof; to the deck line of a mansard roof; and to the mean level of the underside of the rafters between the top of the ceiling joists and the ridge of a gable, hip or gambrel roof. Chimneys, spires, towers, elevators or other accessory equipment, penthouses, tanks or other similar projections shall not be included in calculating the height. Freestanding chimney towers, poles and tanks, when function is related to height, shall also not be included in calculating building height.
BUILDING LINE: An imaginary line running parallel to a lot line, that is the same distance from the lot line as the closest portion of a building on the site.
BUILDING, NONCONFORMING: Any building that does not conform to the regulations of this title prescribing the use, required yards, coverage, height and setbacks, minimum required spacing between buildings on a single lot, and minimum required usable open space for the district in which such building is located.
BUILDING, PRINCIPAL: A building in which a principal use is conducted.
BUILDING, RESIDENTIAL: A building which is arranged, designed, used or intended to be used for residential occupancy by one or more families or lodgers.
BUILDING, TEMPORARY: Any building not designed to be permanently affixed to any given location.
BULK: The term used to indicate the size and setbacks of buildings or structures and the location of same with respect to one another and lot lines. This term includes regulations dealing with the following:
A. Lot area;
B. Lot area per dwelling unit;
C. Lot frontage;
D. Lot width;
E. Height;
F. Required yards;
G. Open space;
H. Gross floor area of buildings in relation to total lot area (floor area ratio).
BUSINESS: Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials or where services are offered for compensation.
BUSINESS COMPLEX: Two (2) or more commercial businesses on a lot or contiguous lots with common access and parking.
BUSINESS COMPLEX SIGN: A sign which is designed to identify a business complex where no single business identification and/or advertisement occupy more than fifty percent (50%) of the sign area.
CAMP, INSTITUTIONAL: A camp operated by a service club, an educational organization or a religious organization.
CAMP, RECREATIONAL: A tract of land, the principal use of which is to provide outdoor recreational camping facilities for three (3) or more tents and/or recreational vehicles for persons having a bona fide permanent place of abode. A facility with permanent housing facilities (i.e., cabins) or with pads or electric and water hookups for recreational vehicles or tents.
CAMP, TOURIST: A tract of land containing facilities for locating three (3) or more tents or recreational vehicles for use only by travelers remaining not more than fifteen (15) days whether or not a charge is made.
CANNABIS: Includes marijuana, hashish, and other substances that are identified as including any parts of the plant cannabis sativa and including derivatives or subspecies, such as indica, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including tetrahydrocannabinol (THC) of greater than 0.3% on a dry weight basis and all other naturally produced cannabinol derivatives, whether produced directly or indirectly by extraction, in accordance with the Illinois Cannabis Regulation and Tax Act. CANNABIS includes cannabis concentrate and cannabis-infused products. CANNABIS shall not include industrial hemp as defined and authorized under the Industrial Hemp Act.
CANOPY: Any structure attached to a building at the inner end and supported on the other end, or a freestanding structure, with one or more supports, meant to provide shelter from weather elements onto which signs may be affixed or incorporated.
CAR WASH: An establishment primarily engaged in cleaning or detailing motor vehicles, whether by self-service, automatic or by hand.
CARPORT: A roofed automobile shelter having at least two (2) open sides.
CATERING: An establishment engaged in the preparation of food and beverages for consumption at another location. Catering shall not include the manufacturing of food as defined in "food/bakery product".
CEMETERY: Land used or intended to be used for burial or cremation of the dead, whether human or animal, including a mausoleum or columbarium.
CENTRAL SANITARY SEWER SYSTEM: A sanitary sewer system that is designed to provide treatment of sanitary sewage from multiple uses.
CHANGEABLE COPY SIGN (MANUAL): A sign on which copy is changed manually in the field, i.e., reader boards with changeable letters or changeable pictorial panels.
CHANGEABLE SIGN (AUTOMATIC): A sign such as electronically or electrically controlled public service time, temperature and date sign, message center or reader board, where different copy changes are shown on the same lamp bank.
CHILD: Any person under eighteen (18) years of age. For purposes of admission to and residence in childcare institutions and maternity centers, the term also means any person under twenty one (21) years of age who is referred by a parent or guardian, including any agency having responsibility for a person pursuant to act 405, juvenile court act of 1987 1 .
CHILDCARE FACILITY: Any person, group of persons, agency, association or organization, whether established for gain or otherwise who or which receives or arranges for care or placement of one or more children, unrelated to the operator of the facility, apart from parents, with or without the transfer of the right to custody in any facility as defined in the child care act of 1969 2 , established and maintained for the care of children.
CHILDCARE INSTITUTION: A childcare facility where more than five (5) children are received and maintained for the purpose of providing them with care or training or both. The term "childcare institution" includes residential schools, primarily serving ambulatory handicapped children, and those operating a full calendar year, but does not include such facilities excluded from the definition of "Child Care Institution" as cited in the Illinois child care act of 1969 3 .
CHURCH BULLETIN BOARD: A sign attached to the exterior of a church or located elsewhere on church premises and used to indicate the services and/or other activities of the church, and including the church name.
CHURCHES, CHAPELS, TEMPLES AND SYNAGOGUES: A site used by a bona fide religious group primarily or exclusively for religious worship and related religious services, including a place of worship or retreat site. This definition shall not include church camps or other types of camps as are defined herein by "camp, institutional".
CLOSED CUP FLASHPOINT: The lowest temperature at which a combustible liquid, under prescribed conditions will give off a flammable vapor which will burn immediately.
CLUB, PRIVATE: A use providing meeting, recreational, or social facilities for a private association, primarily for use by members and guests. Typical uses include private social club, lodges, and fraternal organizations.
COLLECTOR ROAD: A street that provides for traffic movement between arterial roads and local streets, with direct access to abutting property.
COLLEGE OR UNIVERSITY: An institution of higher education offering undergraduate or graduate degrees.
COMMERCIAL DISTRICT: The C commercial district as identified in chapter 3, article D of this title.
COMMUNICATION TOWER: Commercial AM/FM radio, television, microwave and cellular telephone transmission towers and accessory equipment and buildings. To include any or all electronic communication.
COMMUNITY CENTER: A building or place in which members of a community may gather for social, educational or cultural activities.
COMPOSTING: The biological treatment process by which microorganisms decompose the organic fraction of waste, process of composting.
COMPREHENSIVE PLAN: Includes the composite of the functional and geographic elements of the comprehensive plan of Jo Daviess County, Illinois, or any future version thereof, or any segment thereof in the form of plans, maps, charts, and textual materials, as adopted by the county board.
CONSTRUCTION SALES AND SERVICE: An establishment engaged in the retail or wholesale sale of materials used in the construction of buildings or other structures, and the outdoor storage of construction equipment or materials on lots other than construction sites. Typical uses include lumberyards, home improvement centers, lawn and garden supply stores, electrical, plumbing, air conditioning, and heating supply stores, swimming pool sales, construction contractors' storage yards and construction equipment rental establishments.
CONTIGUOUS GROWTH AREA: An area contiguous to a municipality in which new development is determined to be both desirable and sustainable. The boundaries of the contiguous growth area (CGA) shall be as defined in a legal description set forth in a joint planning agreement, mutually agreed to by both the county and the municipality. Where no such joint planning agreement exists, the boundaries of the contiguous growth area shall be defined as the area surrounding a municipality within one and one-half (11/2) miles of the corporate limits of the municipality.
CONTRACTOR SHOP AND OFFICE: A building and/or property where materials and equipment used by construction contractors are stored and repaired. The contractor's office may also be located within the building or on the same property.
COPY: The wording or graphics on a sign surface.
CORRECTIONAL FACILITY: A facility providing housing and care for individuals confined for violations of law.
COUNTY: Jo Daviess County, Illinois.
COUNTY BOARD: The county board of Jo Daviess County, Illinois.
COUNTY ENGINEER: The registered professional engineer as appointed by the county board as head of the highway department of Jo Daviess County or his designated representative.
CREMATORY: A furnace, including any building or structure housing such a furnace, for the burning of dead bodies.
CULTURAL SERVICE: A facility providing cultural and educational services to the public. Typical uses include museums, art museums, observatories, planetariums, botanical gardens, arboretums, zoos and aquariums.
CUTOFF: A cutoff outdoor lighting fixture emits no more than two and one-half percent (21/2%) of its light above ninety degrees (90°) and ten percent (10%) above eighty degrees (80°) from horizontal. A standard IESNA definition.
CUTOFF, FULL: A full cutoff outdoor lighting fixture emits zero percent (0%) of its light above ninety degrees (90°) and ten percent (10%) above eighty degrees (80°) from horizontal. A standard IESNA definition.
CUTOFF, SEMI: A semicutoff outdoor lighting fixture emits no more than five percent (5%) of its light above ninety degrees (90°) and twenty percent (20%) above eighty degrees (80°) from horizontal. A standard IESNA definition.
DAYCARE CENTER: Any childcare facility which regularly provides care for less than twenty four (24) hours per day for:
A. More than eight (8) children in a family home, or
B. More than three (3) children in a facility other than a family home which is licensed by the Illinois Department of Children and Family Services under the Illinois Child Care Act of 1969 4 .
DAYCARE HOMES: Family homes which receive more than three (3), up to a maximum of eight (8), children for less than twenty four (24) hours a day. The number includes the natural or adopted children and all persons under the age of twelve (12). Such daycare homes shall be licensed by the Illinois Department of Children and Family Services under the Illinois Child Care Act of 1969 5 and allowed as a home occupation.
DECIBEL: A unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure the intensity of sound calibrated in decibels.
DECISION MAKER OR DECISION MAKING BODY: The entity (County Board, County department head or board) that is authorized to grant final approval or denial of an application or permit required under this title.
DEDICATE, DEDICATION: Transfer of ownership of right-of-way or other parcel of land or improvement to a public or private entity without compensation.
DETACHED ACCESSORY DWELLING UNIT (DADU): A self-contained housing unit that typically has their own kitchen, bedroom(s), bathroom(s) and living space, which is a freestanding structure on the same parcel as the principal dwelling unit.
DEVELOPMENT: Any subdivision of land; any consolidation or accumulation of tracts of land; any material change in the use or appearance of any parcel of land; any activity that affects lot lines, easement locations, number of lots, setbacks, locations of structures, dedications of streets or utilities; or the act of building structures or improvements on land.
DIRECTOR OF ENVIRONMENTAL HEALTH: The Director of Environmental Health of the Jo Daviess County Health Department or his/her designated representative.
DISTRICT: A section or part of the unincorporated portion of the County within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this title.
DOORWAY IDENTIFICATION SIGN: A nonilluminated sign which is limited to the name, address, and number of the building, institution, or person and to the activity carried on in the building or institution, or the occupancy of the person; provided, that the lettering, excluding numbers, of each sign shall not exceed two (2) square feet.
DRAINAGEWAY, IMPROVED: A portion of a right-of-way or easement used or intended principally for storm, surface or subsurface drainage which meets or exceeds the design and construction standards for public drainageways.
DRAINAGEWAY, UNIMPROVED: A portion of a right-of-way or easement whose use or intended principal use is storm, surface or subsurface drainage which does not meet or exceed the design and construction standards for public drainageways.
DRIVE-IN ESTABLISHMENT: An establishment which accommodates patrons in motor vehicles from which the occupants may watch, purchase, etc.
DRIVEWAY: A private accessway for motor vehicles between a public or private street and one or more structures or off street parking areas.
DUPLEX: The use of a single lot for two (2) dwelling units within a single building.
DWELLING: A building designed or used principally for residential occupancy, but not including hotels, motels, boarding or rooming houses, tourist homes, mobile homes or trailers.
DWELLING, MULTIPLE-FAMILY: A residential building containing three (3) or more dwelling units.
DWELLING, SINGLE-FAMILY: A residential building containing one dwelling unit.
DWELLING UNIT: A building or portion of a building that contains living facilities for not more than one family and that includes provisions for sleeping, cooking, eating and sanitation. A dwelling unit shall not include rooms or suites customarily associated with hotels, motels, tourist cabins and other places providing temporary overnight lodging.
EASEMENT: That portion or quantity of land set aside in which a liberty, privilege or advantage in land without profit is dedicated and is distinct from fee ownership of the land, is granted either to the public, a particular person or a combination of both.
ELECTRONIC MESSAGE CENTER: A sign on which the copy changes automatically on a lamp bank or through mechanical means, such as electrical or electronic time and temperature units.
ELECTRONIC STANDARD OUTDOOR ADVERTISING STRUCTURE/BILLBOARDS: Billboards that can be updated electronically. Usually a large projection spectacular or LED sign with changing advertising and internal illumination.
ENGINEER: A professional engineer licensed in the state of Illinois.
ENLARGED: To make or become greater in quantity or dimensions; to extend in limits, breadth, or size; to expand; to broaden.
ERECT: The act of placing or affixing a component of a structure upon the ground or upon another such component.
ERECT SIGN: To build, construct, reconstruct, attach, hang, rehang, alter, place, affix, enlarge, move or relocate and includes the painting and repainting of existing sign structures.
EROSION CONTROL PLAN: A plan showing a functional means of controlling runoff to prevent sediments from leaving the project site and causing siltation in sewers, lakes, streams or adjacent properties.
ESCROW AGENT: A title company, bank, savings and loan association, trust company, attorney or other person, company, or agency approved by the county board to act as escrow agent.
EXCAVATION: Any act by which organic matter, earth, sand, or other similar material is cut into, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting from said act.
EXISTING BUILDING: Any building erected prior to the adoption of the ordinance or for which a legal building permit has been issued.
EXISTING GRADE: The vertical location of the existing ground surface prior to excavating or filling.
EXPANSION: The act of becoming larger; increasing in dimensions or the state of being expanded; enlargement; distention; dilatation.
FACADE: The front or main part of a building facing a street as measured from the ground elevation to the head beam.
FAMILY: One or more persons related by blood, marriage or adoption or a group of not more than four (4) persons not so related, together with their domestic servants or gratuitous guests, maintain a common household in a dwelling unit. A family may include not more than two (2) roomers or boarders whether or not gratuitous or not gratuitous. A family may include the occupants of a foster family or a "group home" as defined herein.
FARM TOURS: The act of viewing and/or participating in active agricultural operations. Typical farm tours may include, but are not limited to, educational programs, trails, on farm animal petting areas and historical agriculture exhibits.
FENCE: An enclosure or barrier such as wooden posts, wire, iron, etc., used as a boundary, means of protection, privacy screening or confinement, but not including hedges, shrubs, trees or other natural growth.
FENCE, AGRICULTURAL: A fence used in conjunction with an agricultural use as defined by the Illinois fencing law.
FENCE HEIGHT: The vertical distance measured from the side of the fence that is exterior to the property or from the lowest adjacent ground level to the top of the fence material. Fence material shall include the support posts and any material attached to said posts. In the case of wire fencing, height shall be measured by the width of the material used, providing that when installed, the material is directly adjacent to the ground level.
FENCE, OPEN: A fence, including entrance and exit gates where each one foot (1') wide segment for the full length and height of the fence contains at least seventy percent (70%) open space which affords a direct view through the fence or if said fence has a height of not more than four feet (4') tall may contain not less than fifty percent (50%) open space.
FENCE, PRIVACY: A solid fence a minimum of six feet (6') in height.
FENCE, SHARP POINTED: A barbed fence, a fence with spikes, other sharp points or a razor blade fence.
FENCE, SOLID: A fence, including solid entrance and exit gates, where each one foot (1') segment for the full length and height of the fence contains less than seventy percent (70%) open spaces or if said fence has a height of not more than four feet (4'), contains less than fifty percent (50%) open space.
FENCE, WIRE: A fence whose principal material is wire. This includes, but is not limited to, chainlink fences.
FERTILIZER DISTRIBUTION PLANT: Premises or buildings where agricultural fertilizer products are stored, mixed and blended and sold at retail or wholesale, but not including the manufacture of such products.
FILL: Any act by which earth, sand, gravel, rock or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported or moved by mechanical means to a new location and shall include the conditions resulting therefrom.
FILLING STATION (SERVICE STATION): Any business which dispenses, or is designed to dispense, gasoline and/or oil for use in motor vehicles or boats.
FINAL GRADE, FINISH GRADE: The vertical location of the ground or paving surface after the grading work is completed in accordance with the site development plan.
FINANCIAL ASSURANCE: Reasonable assurance from a creditworthy party, examples of which include a surety bond, trust instrument, cash escrow, or irrevocable letter of credit.
FLOOR AREA: For nonresidential buildings or buildings containing both residential and nonresidential uses, "floor area" means the sum of the gross horizontal area of all floors of the building measured from the exterior faces of the exterior walls. For residential buildings, "floor area" shall mean the gross horizontal area of all floors in a dwelling measured from the external faces of the exterior walls. Garages, basements and open porches shall be excluded when measuring residential floor area.
FLOOR AREA RATIO: The numerical value obtained by dividing the gross floor area of a building or buildings by the total area of the parcel of land on which the building or buildings are located.
FOOD/BAKERY PRODUCT: A use engaged in the manufacture of food and food products, including manufacturing nonretail bakeries, canning facilities and creameries.
FOOD STORE: An establishment where food and prepackaged beverages are sold on site for consumption off site. A limited amount of food preparation on site may also be allowed, such as a delicatessen or bakery.
FOOT-CANDLE: A unit of luminance on a surface that is everywhere one foot (1') from a uniform point source of light on one candle and equal to one lumen per square foot.
FOOTING: The, usually concrete, ground engaging portion of a structure's foundation. The footing's purpose is to transfer the weight of the structure to the soil so that the structure, as built, remains vertically and horizontally stable. The footing would normally outline the footprint of the structure.
FOSTER FAMILY HOME: A facility for childcare in residences of families who receive no more than five (5) children unrelated to them, unless all of the children are of common parentage, for the purposes of providing family care and training for the children on a full time basis; except the director of the department of children and family services, pursuant to departmental regulations may waive the limit of five (5) children unrelated to an adoptive family for good cause and only to facilitate an adoptive placement. The family's own children, under eighteen (18), shall be included in determining the maximum number of children served. The term "foster family home" includes homes receiving children from any state operated institution for childcare or from any agency established by a municipality or other political subdivision of the state of Illinois authorized to provide care for children outside their homes. The types of foster family homes are as defined and cited in the Illinois child care act of 1969 6 .
FREE BURNING: Implies a rate of combustion described by a material which burns actively and easily supports combustion.
FREIGHT TERMINAL: A building or area in which freight brought by truck, rail or air is processed for continued shipment by truck, rail or air.
FREQUENCY: The number of oscillations per second in a sound wave, measuring the pitch of the resulting sound.
FRONTAGE: The length of any one property line of a premises that abuts a public street right of way. The frontage of a lot abutting more than one street shall be calculated separately for each street.
FRONTAGE (Of A Block): All of the property fronting on one side of a street. If the street is a dead end, the frontage is measured to the end of the street.
FRONTAGE (Of A Lot): The linear measure between lot lines along a street, roadway or other public way.
FRONTAGE, STREET: The length of a lot line that abuts a public street right of way. The frontage of a lot abutting more than one street shall be calculated separately for each street.
FUNERAL HOME: An establishment engaged in preparing the human deceased for burial, entombment or cremation and arranging and managing funerals.
GARAGE, PRIVATE: An accessory building or an accessory portion of the principal building which is intended and used to store private motor vehicles owned or used by members of the family or families residing upon the premises.
GAS AND FUEL SALES/STORAGE: The use of a site for bulk storage, distribution and sales of flammable liquid, gas or solid fuel, excluding storage that is clearly ancillary to an allowed principal use on the site such as automotive or truck stop service stations as defined herein.
GLARE: The sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility. The magnitude of glare depends on such factors as the size, position, brightness of the source, and on the brightness level to which the eyes are adapted.
GOLF COURSE: A public, semipublic or private grounds over which the game of golf is played including accessory buildings and land uses incidental to the game and consisting of an eighteen (18) hole golf course with at least sixty (60) acres of land for each standard nine (9) hole course; and at least twenty five (25) acres of land for each nine (9) hole "par 3" course.
GOVERNMENT SERVICE: Buildings or facilities owned or operated by a government entity and providing services for the public, excluding utilities and park and recreation services. Typical uses include administrative offices of government agencies, utility billing offices, township halls, and township road maintenance buildings and yards.
GRADE: The average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.
GRADING: The act of excavating or filling or combination thereof and shall include the conditions resulting from any excavation or fill.
GREENHOUSE, NURSERY: An establishment where flowers, trees, seeds, plants, plant stock and other products that are commonly used for landscaping and gardening are grown and sold.
GROUND LEVEL: Immediate surrounding grade.
GROUP HOME: A childcare facility which provides care for not more than five (5) children placed by and under the supervision of a licensed child welfare agency with these homes being owned or rented, staffed, maintained and otherwise operated by the agency. Group home also means a dwelling providing shelter to not more than five (5) unrelated persons who are handicapped as defined herein.
GROUP RESIDENTIAL: The use of a site for occupancy by groups of more than five (5) persons, not defined as a family, on a weekly or longer basis. Typical uses include fraternity or sorority houses, dormitories, residence halls, and boarding houses. The term "group residential" does not include the term "group home".
GUESTROOM: For the purpose of enforcing the provisions of this title regulating bed and breakfast establishments, "guestrooms" shall mean a sleeping room intended to serve not more than two (2) transient guests per night.
HANDICAP: With respect to a person, a physical or mental impairment which substantially limits one or more major life activities; a record of such an impairment; or being regarded as having such an impairment. This term does not include current, illegal use or an addiction to a controlled substance as defined in section 102 of the controlled substances act (21 USC 902). An individual shall not be considered to have a handicap solely because that individual is a transvestite. As used in this definition:
A. "Physical or mental impairment" includes:
1. Any physiological disorder or condition, cosmetic disfiguration, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory; genitourinary; speech organs; cardiovascular; reproductive; digestive; hemic and lymphatic; skin; and endocrine; or
2. Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities. The term "physical or mental impairment" includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, human immunodeficiency virus infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal controlled substance) and alcoholism.
B. "Major life activities" means taking care of oneself, performing manual tasks, walking, seeing, speaking, breathing, learning and working.
C. "Has a record of such an impairment" means has a history of or has been classified as having a mental or physical impairment that substantially limits one or more major life activities.
HAZARDOUS OPERATION: Activities that present the potential for serious hazards to human life and health. Typical uses include, but are not limited to, arsenals, atomic reactors, explosives and fireworks manufacture, hazardous waste disposal, medical waste disposal and radioactive waste handling.
HAZARDOUS SUBSTANCES: Any substances or materials that, by reason of their toxic, caustic, corrosive, abrasive or otherwise injurious properties, may be detrimental or harmful to the health of any person handling or otherwise coming into contact with such material or substance.
HEALTH CLUB: A facility where members or nonmembers use equipment or space for the purpose of physical exercise. Said facilities may be located both indoors and outdoors.
HEARING: Public hearing.
HEIGHT OF SIGN: The vertical distance measured from the surrounding grade to the highest point of a sign.
HELIPORT OR HELIPAD: An area, either on the ground or on a building, used as a landing pad for helicopters to pick up or discharge passengers or cargo.
HISTORIC SITE: Any area of particular historical significance as determined by federal, state or local officials having jurisdiction over said areas. This includes interests in land, which has been acquired for the restoration, preservation and enhancement of historical significance.
HOME OCCUPATION: Any occupation or profession customarily carried on by an occupant of a dwelling unit as a secondary use which is clearly incidental to the use of the dwelling unit for residential purposes.
HOME OFFICE: An incidental and subordinate area in a residential dwelling unit used solely by the occupants of the dwelling unit for limited business activities including making and receiving phone calls; paper and electronic communications; word processing; data analysis and manipulation. The occupants of the dwelling unit may conduct these activities on behalf of an employer or as a self-employed proprietor.
HOMEOWNERS' ASSOCIATION: An incorporated, nonprofit organization operating under recorded land agreements through which each lot owner or homeowner in a planned district or other described land area is automatically a member and each lot is automatically subject to a charge for a proportionate share of the expenses for the activities of the organization, such as maintaining common property.
HOSPITAL: An institution that:
A. Offers service more intensive than those required for room, board, personal services and general nursing care;
B. Offers facilities and beds for use beyond twenty four (24) hours by individuals requiring diagnosis, treatment, or care for illness, injury, deformity, infirmity, abnormality, disease, or pregnancy; and
C. Regularly makes available at least clinical laboratory services, diagnostic X-ray services, and treatment facilities for surgery or obstetrical care, or other definitive medical treatment of similar extent. Hospitals may include offices for medical and dental personnel, central service facilities such as pharmacies, medical laboratories and other related uses.
HOTEL OR MOTEL: An establishment used, maintained or advertised as a place where sleeping accommodations, in rooms without individual kitchens, are supplied for short term rent to transient guests. Such establishments provide customary hotel services such as a central desk, maid service and laundry of linens used in the lodging rooms.
HOUSEHOLD HAZARDOUS WASTE: Waste that is considered hazardous because of the way if affects humans or reacts with other chemicals. Waste is usually grouped into the following five (5) categories: caustic, explosive, infectious, toxic and radioactive.
ILLEGAL SIGNS: A sign which contravenes this title, or a nonconforming sign for which a permit is required under a previous ordinance was not obtained.
INCOMPATIBLE USES: A use or service which is incapable of direct association with certain other uses because it is contradictory, incongruous or discordant.
INDUSTRIAL COMPLEX: Two (2) or more industrial establishments on a lot or contiguous lots with common access and parking.
INDUSTRIAL HEMP: The plant Cannabis sativa L. and any part of that plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis that has been cultivated under a license issued under the Industrial Hemp Act or is otherwise lawfully present in this State, and includes any intermediate or finished product made or derived from industrial hemp.
INOPERABLE VEHICLE: Any motor vehicle which does not have a current license sticker or which for a period of at least six (6) months, the engine, wheels or other parts have been removed, or on which the engine, wheels, or other parts have been altered, damaged, or otherwise so treated that the vehicle is incapable of being driven under its own power. Inoperable motor vehicle shall not include a motor vehicle, which has been rendered temporarily incapable of being driven under its own motor power for no more than thirty (30) days in order to perform ordinary service or repair operations. Inoperable motor vehicle shall also include parts of motor vehicles that are scattered or stacked.
INTEGRATED CENTER: A use combining office and warehousing; office and light assembly; or office, warehousing and light assembly activities within the same building. Buildings within integrated centers typically have office storefronts on one side of the structure and loading docks or roll up doors on the other side. Loading and service areas are screened from view of public rights of way, public recreation facilities (e.g., parks, golf courses, etc.) and lower intensity zoning districts. Integrated centers may have more than one use within the same building and may include retail sales of merchandise as an accessory use.
INTENSE BURNING: Implies a rate of combustion described by a material that burns with a high degree of activity and is consumed rapidly.
INTENSITY (Of Uses And Districts): References to less restrictive or more restrictive zoning districts refer to the base zoning districts established by chapter 3 of this title and represent a progression from the AG district as the least intensive zoning district to the I district as the most intensive zoning district. Overlay districts are not included in the zoning district hierarchy. References to less intensive or more intensive uses refer to the zoning districts in which such uses are first permitted. Use "X" is to be construed as more intensive than use "Y" if use "X" is first permitted by right in a zoning district that is more intensive than the district in which use "Y" is first permitted by right.
INTERCHANGE: The system of interconnecting ramps between two (2) or more intersecting guideways, rail lines, highways, and so on that are grade separated.
INTERIOR PROPERTY LINE: Property lines other than those forming a dedicated public right of way.
INTERPRETIVE CENTER: A facility used for dissemination of knowledge of natural or cultural heritage and located in connection to cultural, historic or natural sites.
INTERSECTION: The point at which two (2) or more guideways or roadways meet.
KENNEL, COMMERCIAL: A facility, either state licensed or not, housing dogs, cats or other household pets where grooming, breeding, boarding, training or selling of animals is conducted as a business, or the rendering of surgical and medical treatment is provided and having no limitation on overnight accommodations of such animals.
KENNEL, PRIVATE: Any building or buildings or land designed or arranged for the care of dogs and cats or other household pets belonging to the owner of the principal use, kept for the purposes of show, hunting, or as pets.
LANDFILL: A facility permitted by the Illinois environmental protection agency for the disposal of waste on land meeting the requirements of the resource conservation and recovery act, PL 94-580, and regulations thereunder, and without creating nuisances or hazards to public health or safety, by confining the refuse of the smallest practical volume and covering it with a layer of earth at the conclusion of each day's operation, or by such other methods and intervals as the Illinois pollution control board may provide by regulations.
LANDSCAPE AND NURSERY CONTRACTOR: A business engaged in installation of plant material stock, including wholesale and/or retail of such plant stock and other landscaping materials.
LANDSCAPE WASTE: All accumulation of grass or shrubbery cuttings, leaves, tree limbs and other materials accumulated as the result of the care of lawns, shrubbery, vines and trees.
LANDSCAPE WASTE COMPOSTING AND MULCHING FACILITY: An establishment for the composting and mulching of waste materials accumulated as the result of the care of lawns, shrubbery, vines and trees and not accessory to general agriculture as set forth in chapter 3, article A of this title.
LAUNDRY PLANT: An establishment that is primarily for cleaning of laundry, rugs and similar materials. This definition does not include laundromats or dry cleaning pick up stations.
LIBRARY: A publicly operated establishment housing a collection of books, magazines, audio and video tapes, computers and other material for borrowing and use by the public.
LIGHT TRESPASS: Light falling where it is not wanted or needed, typically across property boundaries. This is the most common citizen complaint associated with outdoor lighting.
LIVESTOCK: Animals kept for use on an agricultural property or raised for sale and profit.
LIVESTOCK MANAGEMENT FACILITY: Any animal feeding operation, livestock shelter, or on farm milking and accompanying milk handling area. Two (2) or more livestock management facilities under common ownership, where the facilities are not separated by a minimum distance of one-fourth (1/4) mile, and that share a common livestock waste handling shall be considered a single livestock management facility. A livestock management facility shall not include educational institutions, livestock pasture operations, where animals are housed on a temporary basis such as county and state fairs, livestock shows, racetracks, and horse breeding, foaling farms, and market holding facilities.
LOADING SPACE: An off street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street or other appropriate means of access.
LOCAL STREET: A street that provides direct access to abutting land and local traffic movement.
LOGO: A letter, character, or symbol used to represent a person, corporation or business enterprise.
LOT: A quantity of land described with such specificity that its location and boundaries may be established and which is designated by its owner or developer as land to be conveyed, used and developed as a unit including any easements.
LOT AREA, GROSS: The area of a horizontal plane bounded by the vertical planes through the front, side and rear lot lines.
LOT, CORNER: A lot located at the intersection of two (2) or more streets; or a lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost points of the lot meet at an angle less than one hundred thirty five degrees (135°).
LOT DEPTH: The average horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE (THROUGH LOT): A lot which has a pair of opposite lot lines along two (2) substantially parallel streets.
LOT, INTERIOR: A lot whose side lines do not abut upon any street.
LOT LINE: A line dividing one lot from another or from the street right of way.
LOT LINE, FRONT: That boundary of a lot which is along the existing or dedicated street or public way. The owner of a corner lot may select either street lot line as the front lot line.
LOT LINE, REAR: That boundary of a lot which is most distant from and is, or is approximately parallel to the front lot line. If the rear lot line is less than ten feet (10') in length within the lot or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line ten feet (10') in length within the lot, parallel to and at a maximum distance from the front lot line.
LOT LINE, SIDE: Any boundary of a lot which is not a front or rear lot line.
LOT OF RECORD: A lot which is part of a subdivision, the plat of which has been duly recorded in the office of the Jo Daviess County recorder, or a lot or parcel described by metes and bounds, the description of which has been recorded or any parcel of land, whether or not part of a subdivision, that has been officially recorded by a deed in the office of the Jo Daviess County recorder, provided such lot was of a size that met the minimum dimensions for lots in the district in which it was located at the time of recording, or was recorded prior to the effective date of the Jo Daviess County zoning ordinance (March 1, 1995), or has been otherwise approved.
LOT, TRAILER: The area of land assigned to a travel trailer or mobile home in a tourist park or a mobile home in a mobile home park.
LOT WIDTH: The horizontal distance between side lot lines as measured along the required front setback line. In the case of a corner lot either side along a public street may be designated as the front yard.
LOT, ZONING: A parcel or tract of land used, developed, or built upon as a unit under single ownership or control. Said parcel or tract may consist of one or more contiguous lots of record, one or more contiguous portions of a lot or lots of record, or any combination thereof.
LUMEN: Unit of luminous flux; used to measure the amount of light emitted by lamps.
LUMEN, INITIAL: Amount of luminous flux emitted by a lighting fixture at initial installation. Initial lumens are usually listed by the manufacturer. Example: A one hundred (100) watt incandescent light bulb emits approximately one thousand eight hundred (1,800) lumens.
LUMEN, TOTAL INITIAL: Derived by summing the individual initial lumens output for all the lighting fixtures of an installation. For example, six (6) fixtures with ten thousand (10,000) initial lumens output per fixture would equal sixty thousand (60,000) total initial lumens.
LUMINANCE: Amount of luminous flux per unit area in the imperial system and is equal to one lumen per square foot. Luminance is measured in foot-candles. The metric system uses the lux. One foot-candle equals approximately nine hundred twenty nine thousandths (0.0929) lux.
LUMINANCE LEVEL, MAINTAINED: Lamps emit less luminous flux over time and therefore luminance levels of an installation will decrease over time. The maintained luminance level is usually determined as a percentage of the initial luminance level. The percentage is different for the various types of lamp sources. This number is reported as a part of the photometric plan.
MANSARD ROOF: A roof having two (2) slopes on all four (4) sides, with the lower slope almost vertical, and the upper almost horizontal.
MANUFACTURED HOME PARK: An area or tract of land where two (2) or more manufactured housing units, mobile homes or mobile home/manufactured housing spaces are rented or held out for rent.
MANUFACTURED HOME, RESIDENTIAL DESIGN: A manufactured housing unit placed upon a permanent foundation and which contains exterior elements commonly found on other conventionally built single-family detached dwellings. Such housing unit has residential character, manufactured features, architectural details, covered entry, horizontal lap siding, window elements, front porch, not less than twenty four feet (24') in width, landscaping, permanent masonry foundation, pitched roof.
MANUFACTURED HOME SALES: An establishment primarily engaged in the display and sale of mobile homes or manufactured housing units.
MANUFACTURED HOME SPACE: A plot of ground within a manufactured home park that can accommodate one manufactured housing unit and that provides necessary utility services.
MANUFACTURED HOUSING UNIT: A transportable, factory built structure that is manufactured in accordance with the federal manufactured housing construction and safety standards act of 1974 (42 USC section 5401) and that is designed to be used as a single dwelling unit. (Previously referred to as a mobile home.) A manufactured housing unit is constructed to be towed on its own chassis (comprised of frame and wheels) from place of construction to location.
MANUFACTURING AND ASSEMBLY: Establishment engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding "basic industry".
MARINA: A facility for the storage (wet or dry), launching and mooring of boats.
MARQUEE: Any permanent, rooflike structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
MASSAGE PARLOR: An establishment which has a fixed place of business having a source of income or compensation sixty percent (60%) or more of which is derived from the practice of any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulation of external parts of the human body with the hands or with the aid of any mechanical electric apparatus or appliances with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotion, ointment or other similar preparations commonly used in the practice of massage. Under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or gratuity; provided that this term shall not include any establishment operated or supervised by a medical or chiropractic practitioner or professional physical therapist licensed by the state of Illinois.
MEDICAL SERVICE: An establishment providing therapeutic, preventive, or corrective personal treatment services on an outpatient basis by physicians, dentists, and other practitioners of the medical or healing arts, and the provision of medical testing and analysis services. Typical uses include clinics and offices for doctors of medicine, dentists, chiropractors, osteopaths, optometrists; blood banks and medical laboratories.
MICRON: A unit of length, equal to one thousandth part of one millimeter.
MILITARY/PARAMILITARY FACILITY: A facility used or intended to be used for the purpose of military or paramilitary training activities.
MINING OR QUARRYING: The extraction of metallic and nonmetallic minerals excluding oil or natural gas. Typical uses include sand and gravel pit operations, quarries and mines.
MOBILE HOME: A movable or portable unit, which is eight (8) body feet or more in width and is thirty two (32) body feet or more in length, and constructed to be towed on its own chassis (comprised of frame and wheels) from the place of construction to location or subsequent locations, and designed to be used without a permanent foundation and connected to utilities for year round occupancy with or without a permanent foundation. These homes were constructed prior to June 15, 1976, when the federal preemptive HUD code became effective. Mobile homes have not been constructed since this date.
MOBILE HOME PARK: See the definition of Manufactured Home Park.
MOBILE HOME SALES: See the definition of Manufactured Home Sales.
MODELING STUDIO: A use or business which provides for a fee or compensation the services of modeling on premises for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise. This does not apply to public or private schools where persons are enrolled in a class.
MODERATE BURNING: Implies a rate of combustion described by a material which supports combustion and is consumed slowly as it burns.
MODULAR HOME: A factory fabricated dwelling built in accordance with the requirements of all technical codes adopted in section 7-1-3 of this code and the requirements of the Illinois department of public health, and shall be subject to the same standards as site built homes. It may consist of two (2) or more components that can be separated when transported but designed to be joined into one integral unit on a permanent foundation ready for occupancy except for assembly operations and finishing. Modular homes are not considered as mobile homes, manufactured homes, or travel trailers.
MOTOR VEHICLE: Any self-propelled vehicle designed primarily for transportation of people and goods along streets, alleys and other public ways.
MULTI-FAMILY RESIDENTIAL: The use of a site for three (3) or more dwelling units within a single building. Typical uses include triplexes, fourplexes, apartments and residential condominiums and townhouses.
NATURAL DRAINAGE: Watercourses formed in the topography of the earth prior to any manmade changes.
NONCONFORMITY: A nonconforming existing lot, nonconforming use, nonconforming sign or nonconforming structure that does not conform to regulations of the district in which it is located.
NONPARTICIPATING PROPERTY: Real property that is not a participating property.
NONPARTICIPATING RESIDENCE: A residence that is located on nonparticipating property and that is existing and occupied on the date that an application for a permit to develop the commercial wind energy facility or the commercial solar energy facility is filed with the county.
NOXIOUS MATTER: That which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects on the physical or economic well being of human beings.
NURSING HOME: A home for the aged, chronically ill or incurable person in which three (3) or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation; but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
OCCUPIED COMMUNITY BUILDING: Any one or more of the following buildings that is existing and occupied on the date that the application for a permit to develop the commercial wind energy facility or the commercial solar energy facility is filed with the county: a school, place of worship, day care facility, public library, or community center.
OCTAVE BAND: A term denoting all frequencies between any given frequency and double that frequency.
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.
ODOR THRESHOLD: The minimum concentration of odorous matter in the air that can be detected as an odor.
ODOROUS MATTER: Material, gas, liquid or solids that yield an odor.
OFFICE, GENERAL: An establishment providing executive, management, administrative or professional services, but not medical or dental services or the sale of merchandise, except as incidental to a permitted use. Typical uses include real estate, insurance, property management, investment, employment, travel, advertising, law, architecture, design, engineering, accounting and similar offices.
OIL OR GAS DRILLING/REFINING: The subsurface extraction of oil or natural gas or the distillation of ethyl alcohol (ethanol) from agricultural crops and the processing of byproducts from such distillation.
OPEN SPACE: Any parcel or area of land or water essentially unimproved or otherwise devoid of buildings or other structures and paved areas, and set aside, dedicated, designated, or reserved for public or private use or enjoyment of owners and occupants of land adjoining or neighboring such open space.
OPEN SPACE, PRIVATE: Open space within a development that is contained within individually owned lots and which is designed and intended primarily for the private uses of residents or occupants of the lot on which the private open space exists. Private open space shall also include land within a subdivision or development which is owned and maintained by a homeowners' association. Private open space does not include areas utilized for streets, alleys, driveways, private roads, or off street parking or loading areas. Private open space may include recreational areas such as swimming pools, tennis courts, shuffleboard courts, etc.
OPEN SPACE, PUBLIC: Any publicly owned open area including, but not limited to, the following: parks, playgrounds, forest preserves, waterways, parkways and streets. Public open space does not include areas utilized for streets, alleys, driveways, private roads, or off street parking or loading areas. Public open space may include recreational areas such as swimming pools, tennis courts, shuffleboard courts, etc.
OPERATOR, BED AND BREAKFAST ESTABLISHMENTS: The owner of a bed and breakfast establishment, or the owner's agent, who is required to reside in the bed and breakfast establishment, or on contiguous property.
OPERATOR, WIND ENERGY CONVERSION SYSTEM OR FACILITY (WECS): The entity responsible for the day to day operation and maintenance of the WECS SYSTEM OR FACILITY, including any third-party subcontractors.
OUTDOOR LIGHTING FIXTURE: The complete lighting assembly less the support assembly. Such devices shall include, but are not limited to, lights used for parking lot lighting, roadway lighting, buildings and structures, recreational areas, landscape lighting, billboards and other signs (advertising or other), product display area lighting, building overhangs and open canopies.
OWNER: Any person, firm, association, private corporation or quasi-public corporation or combination of any of these or other legal entity having sufficient proprietary interest in the land sought to be subdivided or developed to commence and maintain proceedings under the provisions of this title.
OWNER, SIGN: A person recorded as such on official records and including the duly authorized agent or notary, a purchase lessee; any person having a vested or contingent interest in the property or business in question.
OWNER, WIND ENERGY CONVERSION SYSTEM (WECS) OR FACILITY: A person with a direct ownership interest in a commercial wind energy facility or a commercial solar energy facility, or both, regardless of whether the person is involved in acquiring the necessary rights, permits, and approvals or otherwise planning for the construction and operation of the facility, and at the
PARCEL: All contiguous land used or legally described as a single unit.
PARENT PARCEL: One parcel of land with a legal description and parcel number, from which a portion is subdivided as a new separate parcel; except when there is one metes and bounds legal description for more than one numbered parcel. In such case, all numbered parcels included in the one metes and bounds legal description shall be considered to be one parent parcel.
PARKING AREA, OFF STREET PARKING LOT: An area not on a public right of way, exclusive of driveways, which is used for the parking of motor vehicles. For the purpose of computing the number of parking spaces in a lot, all areas used for parking under unified control, the same or contiguous parcels of land shall be considered as one lot.
PARKING LOT, COMMERCIAL: An area used or intended to be used for the off street parking of operable motor vehicles on a temporary basis, other than as accessory parking to a principal use.
PARKING SPACE: An enclosed or unenclosed area permanently reserved for the temporary storage of one passenger vehicle and appropriately connected with a street or alley by a driveway affording adequate ingress and egress.
PARKS AND RECREATION AREA: A publicly or privately owned park, playground or community facility that provides opportunities for active or passive recreational activities.
PARKWAY: The unpaved land within a street right of way which is located between the back of the curb and the right of way.
PARTICIPATING PROPERTY: Real property that is the subject of a written agreement between a facility owner and the owner of the real property that provides the facility owner an easement, option, lease, or license to use the real property for the purpose of constructing a commercial wind energy facility, a commercial solar energy facility, or supporting facilities. "Participating property" also includes real property that is owned by a facility owner for the purpose of constructing a commercial wind energy facility, a commercial solar energy facility, or supporting facilities.
PARTICIPATING RESIDENCE: A residence that is located on participating property and that is existing and occupied on the date that an application for a permit to develop the commercial wind energy facility or the commercial solar energy facility filed with the county.
PARTICULATE MATTER: Dust, smoke or any other form of airborne pollution in the form of minute separate particles.
PERFORMANCE STANDARD: A criterion established to control noise, odor, smoke, particulate matter, toxic or noxious matter, vibration, fire and explosion hazards, glare, heat generated by or inherent in the uses of land or buildings.
PERSON: Any association, company, corporation, firm, organization, or partnership, singular or plural, of any kind.
PLANNED DEVELOPMENT: A parcel of land or contiguous parcels of land of size sufficient to create its own environment controlled by a single landowner or by a group of landowners in common agreement as to control. To be developed as a single entity, the environment of which is compatible with adjacent parcels, and the intent of the zoning district in which it is located.
POST OFFICE: A facility used for the collection, sorting and distribution of U.S. mail among several zip code areas and having limited retail services for the public, such as the sale of stamps, postcards and postal insurance.
PREMISES: An area of land with its appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.
PRIMARY STRUCTURE: For each property, the structure that one or more persons occupy the majority of time on that property for either business or personal reasons. Primary structure includes structures such as residences, commercial buildings, hospitals, and daycare facilities. Primary structure excludes structures such as hunting sheds, storage sheds, pool houses, unattached garages and barns.
PRINTING AND PUBLISHING: The production of books, magazines, newspapers and other printed matter, and record pressing and publishing, engraving and photoengraving, but excluding businesses involved solely in retail photocopying, reproduction, photo developing or blueprinting services, which would be included within the definition of "retail sales and service" herein.
PRIVATE IMPROVEMENT: Any installed or constructed facility for which the responsibility of maintenance and ownership will be retained by the owner or a private entity.
PRIVATE SEWAGE DISPOSAL SYSTEM: An on site sanitary sewage system that is designed to provide treatment of sanitary sewage from a single use and is maintained by a private individual or entity.
PRIVATE STREET: Any road that is used for access and circulation and the ownership and maintenance responsibility of which is borne by the owner or homeowners' association.
PROFESSIONAL ENGINEER: A qualified individual who is licensed as a professional engineer in any state in the United States.
PROPERTY LINE: The lines bounding a lot or parcel delineating the land in individual ownership.
PROTECTED LANDS: Real property that is subject to a permanent conservation right consistent with the Real Property Conservation Rights Act; or registered or designated as a nature preserve, buffer, or land and water reserve under the Illinois Natural Areas Preservation Act.
PUBLIC IMPROVEMENTS: Include streets, sidewalks, public utilities and other structures, fixtures or land appurtenances which are or are intended to be dedicated to a public or private entity.
QUARRY: The extraction of metallic and nonmetallic minerals excluding oil or natural gas. Typical uses include sand and gravel pit operations, quarries and mines.
RACETRACKS: Establishments providing tracks for the racing of cars, motorcycles, bicycles, horses, dogs or similar types of motor vehicles and animals for viewing by the public. To include facilities for support services.
RAILROAD RIGHT OF WAY: A strip of land with tracks and auxiliary facilities for track operations, but not including freight depots or stations, loading platforms, train sheds, roundhouses, car or locomotive shops or car yards.
RECREATION AND ENTERTAINMENT, INDOOR: An establishment offering recreation, entertainment or games of skill to the public for a fee or charge and that is wholly enclosed in a building. Typical uses include bowling alleys, indoor theaters, bingo parlors, pool halls, billiard parlors and video game arcades. Indoor recreational and entertainment facilities shall not include facilities that are considered to be a "parks and recreation area" as defined herein.
RECREATION AND ENTERTAINMENT, OUTDOOR: An establishment offering recreation, entertainment or games of skill to the public for a fee or charge, wherein any portion of the activity takes place in the open. Typical uses include archery ranges, batting cages, and golf driving ranges, drive-in theaters and miniature golf courses. Outdoor recreational and entertainment facilities shall not include facilities that are considered to be a "parks and recreation area" as defined herein.
RECREATIONAL VEHICLE: Any of the following vehicles which are licensed for travel on the highway: travel trailer (a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreation or vacation, or one permanently identified as a travel trailer by the manufacturer of the trailer); pickup coach (a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation); motor home (as a portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle); and camping trailer (as a canvas, material or metal folding structure, mounted on wheels, and designed for travel, recreation and vacation use); including, but not limited to, motorcycles and trailers to include motorcycles, utility trailers, and all- terrain vehicles.
RECREATIONAL VEHICLE PARK: Land used or intended to be used for occupancy by recreational vehicles for transient living purposes, including the use of camping spaces for tents.
RECYCLING: The return of municipal solid waste items, most notably, glass, paper, aluminum, steel, other metals, motor oil, yard waste and plastics, into a usable product.
RECYCLING COLLECTION CENTER: A building and/or site, with more than one thousand (1,000) square feet in area, in which source separated recoverable materials, such as newspapers, glassware and metal cans are collected, stored, flattened, crushed or bundled prior to shipment to others who will use those materials to manufacture new products. The materials are stored on site in bins or trailers for shipment to market.
RECYCLING COLLECTION STATIONS: An accessory use or structure that serves as a drop off station or buy back station, occupying no more than one thousand (1,000) square feet for the collection of recyclable materials.
REFINERY: An industrial plant for purifying a crude substance.
REPAIR SERVICE: A use primarily engaged in the provision of repair services to individuals and households, but excluding "vehicle repair" services. Typical uses include appliance repair shops.
RESERVOIR PARKING: Those off street parking spaces allocated to automobiles awaiting entrance to a particular establishment.
RESIDENCE: The act or condition of residing or dwelling in a place.
RESTAURANT, FAST FOOD: An establishment primarily engaged in the sale of food and nonalcoholic beverages in a ready to consume state and where the design or principal method of operation is that of a fast food or drive-in restaurant offering quick food service, where orders are generally not taken at the customer's table, where food is generally served in disposable wrapping or containers, and where food and beverages may be served directly to the customer in a motor vehicle.
RESTAURANT, GENERAL: An establishment where the principal business is the sale of food and beverages in a ready to consume state.
RETAIL: The sale of commodities or services directly to customers, when such commodities and services are used or consumed by the customer and are not purchased primarily for the purpose of resale.
RETAIL SALES AND SERVICE: An establishment engaged in the sale or rental of goods and services, excluding uses more specifically defined.
REVIEW BODY: The entity (county department head, board, or committee) that is authorized to recommend approval or denial of an application or permit required under this zoning ordinance.
RIGHT OF WAY: A strip of land dedicated or used by the public for vehicular traffic and/or storm, surface or ground water drainage and occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. The usage of the term "right of way" for land platting purposes shall mean every right of way hereafter established and shown on a final plat and shall be separate and distinct from the lots or parcels adjoining such right of way, which are not included within the dimensions or areas of lots or parcels. Right of way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right of way is established.
RINGELMANN CHART: A chart that is described in the "U.S. Bureau Of Mines Circular 6888", and on which are illustrated graduated shades of gray for use in estimating the light obscuring capacity of smoke.
RINGELMANN NUMBER: Designation of the area of the Ringelmann chart that coincides nearly with the visual density of emissions of light obscuring capacity of smoke.
ROADSIDE STAND: A structure for the display and sale of agricultural products, which are produced in the county, with no space for customers within the structure itself.
ROOFLINE: The highest point of the coping on a flat roof, false mansard, or parapet wall; the deck line of a true mansard roof; the ridgeline between the upper and lower slopes of a gambrel roof; or the mean height between the eaves and ridge for a gable or hip roof.
RURAL HOME BASED OFF PREMISES BUSINESS: A home based business that usually includes large equipment where business is conducted or operated primarily off premises from the place of residence of the owner of such business with business activity on the site of such owner's place of residence being limited to the routine maintenance and routine storage of equipment, materials and supplies used in the operation of such business and an accessory office within such owner's dwelling for the operation of such business.
SAFETY SERVICE: A facility for conduct of safety and emergency services, including fire and police protection services and emergency medical and ambulance services.
SALVAGE YARD: A lot, land or structure, or part thereof, used primarily for the collecting, dismantling, storage and salvaging of machinery or vehicles that are not in operating condition; or for the sale of parts thereof. Unless conducted entirely within enclosed buildings, this also includes a lot or land where waste or scrap materials of any type, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles, are bought, sold, exchanged, stored, baled, packed, disassembled or handled. Typical uses include automobile salvage yards and junkyards.
SANITARY LANDFILL: A facility permitted by the Illinois environmental protection agency for the disposal of waste on land meeting the requirements of the resource conservation and recovery act and regulations hereunder. Such facility shall operate in such a manner as to minimize nuisances or hazards to the public health, safety, and welfare by confining the refuse to the smallest practical volume and covering it with a layer of earth at the conclusion of each day's operation, or by such other methods and at such intervals as the county board may provide by regulation.
SCENIC AREA: Any area of particular scenic beauty as determined by federal, state or local officials having jurisdiction over said areas. This includes interests in land, which has been acquired for the restoration, preservation and enhancement of scenic beauty.
SCHOOL: A facility that provides a curriculum of elementary and secondary academic instruction, including kindergartens, elementary schools, junior high schools and high schools.
SCREENING: Fencing, berms or plantings maintained for the purpose of concealing from view the area behind such fencing, berms or plantings. When a use is required to be separated from an adjoining lot or district by screening, such screening shall be of sufficient size and design to conceal such use when viewed from the adjoining property.
SEASONAL OR SPECIAL OCCASION TEMPORARY SIGNS: A sign which is not permanent and is limited to a specific activity or in the celebration of holidays or other special events.
SERVICE STATION, AUTOMOTIVE: A use primarily engaged in the retail sale of gasoline or other motor fuels primarily to automobiles and passenger vehicles, along with accessory activities such as the sale of lubricants, accessories, or supplies, the lubrication of motor vehicles, and the minor adjustment or repair of passenger motor vehicles. Uses involved primarily in the sale of diesel fuel, gasoline or other fuels to tractor trucks and uses that feature parking, storage or servicing of tractor trucks or semitrailers shall be classified as "truck stop service stations".
SERVICE STATION, TRUCK STOP: A use primarily engaged in the sale of diesel fuel, gasoline or other fuels to tractor trucks, along with accessory activities such as the sale of lubricants, accessories or supplies, or the servicing of tractor trucks or semitrailers. A truck stop service station may include, as an accessory use, the parking and storage of tractor trucks and semitrailers for a short period of time not exceeding five (5) days.
SETBACK: The minimal longitudinal distance between the building or structure line and the related lot line abutting a street.
SETBACK, EXTERIOR: An "exterior front setback" or an "exterior street side setback".
SETBACK, EXTERIOR FRONT: A setback that is to extend across the full width of a lot between the street right of way line and a line parallel thereto on the lot.
SETBACK, EXTERIOR STREET SIDE: A setback that is to extend from the street right of way line to the rear lot line along the side of a lot that is adjacent to a street or street right of way line, the required depth of which is measured as the minimum horizontal distance between the side lot line and a line parallel thereto on the lot.
SETBACK, INTERIOR: An "interior side setback" or an "interior rear setback".
SETBACK, INTERIOR REAR: A setback that is to extend across the full width of a lot, the required depth of which is measured as the minimum horizontal distance between the rear lot line and a line parallel thereto on the lot.
SETBACK, INTERIOR SIDE: A setback that is to extend from the street right of way line to the rear lot line along the side of a lot that is adjacent to another lot, the required depth of which is measured as the minimum horizontal distance between the side lot line and a line parallel thereto on the lot.
SHOOTING RANGE, PUBLIC, SEMIPUBLIC OR PRIVATE: A premises used for target shooting with rifles, muskets or pistols; or for skeet or trap shooting. Such shooting range may include as an accessory use a clubhouse, maintenance building, facilities for serving food and refreshments and the sale of shooting supplies for use on the range. A shooting range does not include a premises used for such purposes by the individual owner, members of the household and nonpaying guests when accompanied by the individual owner or a member of the household.
SHOPPING CENTER: A building containing four (4) or more shops, stores, and other places of business, and providing off street parking facilities in common for all of the businesses and their customers.
SHOW WINDOW SIGNS: Any temporary sign advertising sales or specials attached to or within three feet (3') of the glass surface of any fixed window (glazing) visible from the public right of way.
SIDEWALK: A paved surface or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.
SIGN: Any name, identification, description, illustration or device illuminated or nonilluminated 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, painting, banner, pennant or placard designed to advertise, identify or convey information, with the exception of window displays and national flags. For the purpose of removal, signs shall also include all sign structures. Not included are decorative devices or emblems as may be displayed on a residential mailbox. For the purpose of this title, this definition shall include those signs painted directly upon a building or structure.
SIGN AREA: A. The area of a freestanding sign or structure not utilizing an integral part of the building for its background means the largest cross sectional area of the sign measured to a line encompassing all portions of the sign structure, including tubing used in lighting such sign or structure, but excluding posts without attached lighting. Further, the base on which a monument type sign is set may be excluded; provided, there is no attached lighting;
B. The area of a double faced sign (i.e., a sign painted on 2 sides), or signs which are erected in a "V" configuration with an angle between the two (2) faces not exceeding thirty degrees (30°), shall be the largest area on one side of the sign. Further, these types of signs shall be considered one sign for the purpose of determining the number of signs allowed;
C. The area of any sign or structure utilizing an integral part of the building or awning as a background means the area within the shortest line drawn to include all letters, design and tubing which are a part of the sign or structure; provided, that for illuminated awnings the area shall be limited to the area within the shortest line drawn to include all copy and graphics, excluding illuminated area outside of these lines.
SIGN, ATTACHED: A sign erected or placed upon the wall of any building with the plane of the face parallel to the plane of the wall below the roofline.
SIGN, COMMERCIAL DIRECTORY: A sign designating the name of a commercial center and listing the various tenants of the center.
SIGN, CONSTRUCTION: A temporary sign used during the construction of new buildings or reconstruction of or additions to existing buildings, such as those identifying the project and denoting the owner, architect, engineer, contractor, and/or financing institutions of the project.
SIGN, CROP IDENTIFICATION: A sign whose content includes the type, description, identification and otherwise pertinent information of crops being grown on a plot of land.
SIGN, DIRECTIONAL: A sign which indicates a direction for vehicular or pedestrian traffic or other movement.
SIGN, FASCIA: A flat sign which projects one and one-half feet (11/2') or less horizontally from the vertical face of the wall of a building, or vertical face of a canopy awning or parapet upon which it is affixed, painted, or attached, running parallel for its whole length to the face or wall of the building and which does not extend beyond the horizontal width of such wall, awning or parapet.
SIGN, FLASHING: Any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source. Automatic changing signs such as public service time, temperature and date signs or electronically controlled message centers are not defined as "flashing signs".
SIGN, FLUTTERING: A sign which flutters and includes banners, flags, pennants, or other flexible material which moves with the wind or by some artificial means.
SIGN, FREESTANDING: A sign not attached to or forming a part of a building.
SIGN, GROUND: Any detached sign on the same lot or parcel as the use it advertises which has its bottom portion erected upon or supported by the ground, a ground planter box, or other supports.
SIGN, HANGING: Any sign hanging entirely beneath a canopy, portico, or marquee.
SIGN, ILLUMINATED: Any sign which is illuminated by light source mounted on or in the sign or at some other location.
SIGN, INDUSTRIAL COMPLEX: A sign which is designed to identify an industrial complex where no single business identification and advertisement occupies more than fifty percent (50%) of the sign.
SIGN, MEMORIAL OR TABLETS: The permanent part of a building which denotes the name of the building, date of erection, historical significance, dedication, or other similar information.
SIGN, MONUMENT: A sign and supporting structure which has similar top and bottom dimensions and is constructed as a solid structure or one which gives the appearance of a continuous, nonhollow, unbroken, unfenestrated mass. Further, similar top and bottom dimensions shall mean dimensions which are within ten percent (10%) of each other.
SIGN, NONCONFORMING: A sign legally erected prior to the adoption date hereof, but which does not conform to the provisions of this code.
SIGN, OCCUPATIONAL AND/OR IDENTIFICATION: An attached wall sign identifying the name of a person occupying a building and mounted adjacent to the main entrance of the building.
SIGN, OFF PREMISES: A sign that advertises products, services or facilities or directs persons to a premises different from where the sign is installed.
SIGN, OFF PREMISES DIRECTIONAL: A sign which directs persons to a premises different from where the sign is located. These signs typically include an address or street name or direction such as "two blocks north on the right".
SIGN, ON PREMISES: A sign which carries only advertisements strictly related to a lawful use of the premises on which it is located, including signs or sign devices indicating the business transacted, services rendered, goods sold or produced on the premises, name of the business, and name of the person, firm or corporation occupying the premises. "On premises sign" also means a sign which contains religious, political, social and other noncommercial messages.
SIGN, POLE: Any detached sign located on the same lot or parcel as the use it advertises which is supported by one or more stationary poles no taller than thirty feet (30') above the mean grade line of the ground at its base provided that this shall not include a permitted ground sign as set forth.
SIGN, POLITICAL: A temporary sign advocating or opposing any political proposition or candidate for public office.
SIGN, PORTABLE: Signs not permanently affixed to the ground or to a building.
SIGN, PROJECT IDENTIFICATION: A permanent ground sign identifying an apartment complex, condominium project, or mobile home development entry, name and/or street names within the project.
SIGN, PROJECTING: A sign, other than an attached sign, that is attached to or projects more than one and one-half feet (11/2') from a building face or wall or from a structure whose primary purpose is other than the support of a sign.
SIGN, PROPERTY REAL ESTATE: A sign pertaining only to the prospective rental, lease, or sale of the property upon which it is located. Real estate signs shall be excluded from the definition of pole signs.
SIGN, RESIDENTIAL CONSTRUCTION PROJECT: Any temporary sign that provides direction to any residential development under construction, or promotes the residential development on the project site.
SIGN, ROOF: Any sign erected on a roof but excluding marquee and canopy signs and wall signs. The generally vertical plane of a mansard type roof shall be interpreted as the same as a wall of a building.
SIGN, ROTATING: A sign in which the sign itself or any portion of the sign moves in a revolving or similar manner.
SIGN, SPECIAL DISPLAYS: Signs not exceeding thirty two (32) square feet, used for holidays, public demonstrations, or promotion of civil welfare or charitable purposes.
SIGN STRUCTURE: The sign and all parts associated with its construction.
SIGN, SUBDIVISION IDENTIFICATION: A permanent ground sign identifying a subdivision entry, subdivision name, and/or street names within the subdivision.
SIGN SUPPORTS: All structures by which a sign is held up, including, for example, poles, braces, guys, and anchors.
SIGN, TEMPORARY: Any sign intended for a limited or intermittent period of display.
SIGN, WINDOW: A temporary sign affixed to the inside of an exterior window or glass door.
SINGLE-FAMILY, ACCESSORY: A single-family dwelling unit located within a building containing a commercial use and which is accessory to the commercial use.
SINGLE-FAMILY, ATTACHED: The use of a lot for one dwelling unit that is attached to at least one other dwelling unit by common or abutting walls and with each dwelling unit located on its own separate lot. Typical uses include duplexes, townhouses and condominiums. This definition shall exclude mobile homes.
SINGLE-FAMILY, DETACHED: The use of a lot for only one principal dwelling unit that is not connected to any other dwelling unit. This definition shall exclude mobile homes.
SINGLE-FAMILY, DETACHED AGRICULTURAL RESIDENCE: A single-family dwelling unit located on a tract of land whose principal use is the pursuit of an agricultural use as defined herein with the dwelling unit being clearly accessory and subordinate to such agricultural use subject to the limitation that such a dwelling unit is occupied by or intended for occupancy by the owner of such tract or by a person or persons whose principal occupation is the pursuit of agriculture on such land.
SINGLE-FAMILY, DETACHED NONAGRICULTURAL RESIDENCE: Any single- family dwelling unit which is not an agricultural residence.
SINGLE-FAMILY, UNDERGROUND DWELLING: A single-family detached dwelling unit constructed belowground and which has earth cover over the underground portion of the dwelling.
SINGLE-FAMILY ZERO LOT LINE DWELLING: A single-family dwelling that does not adjoin any other dwelling and is located on a lot that does not extend beyond the exterior of the building in which the dwelling is located.
SLOW BURNING OR INCOMBUSTIBLE: Implies materials which do not in themselves constitute an active fuel for the spread of combustion. A material which will not ignite or actively support combustion during an exposure for five (5) minutes to a temperature of one thousand two hundred degrees Fahrenheit (1,200°F) shall be designated combustible.
SMOKE UNITS NUMBER: The number obtained by multiplying the smoke density in Ringelmann number by the time of emission in minutes.
For the purpose of this calculation:
A. Ringelmann density reading is made at least once every minute of the period of observation;
B. Each reading is then multiplied by the number of minutes during which it is observed; and
C. The various products are then added together to give the total number of smoke units observed during the total period under observation.
SOLAR ENERGY SYSTEMS, COMMERCIAL: Any device or combination of devices that (i) is ground installed and (ii) uses solar energy from the sun for generating electricity for the primary purpose of wholesale or retail sale and not primarily for consumption on the property in which the device or devices reside. "Commercial solar energy facility" does not mean a utility-scale solar energy facility being constructed at a site that was eligible to participate in a procurement event conducted by the Illinois Power Agency pursuant to subsection (c-5) of Section 1-75 of the Illinois Power Agency Act.
SOLAR ENERGY SYSTEMS, PRIVATE: Any device or combination of devices or elements which rely on power obtained by harnessing the energy of the sun's rays, intended primarily to be used as an onsite power source, however, incidental energy output may be delivered to a power grid to offset the cost of energy on site.
SOLID WASTE COLLECTION/PROCESSING: Recycling collection centers, incinerators, processing facilities, materials recovery facilities, solid waste transfer stations or any facility where solid wastes are salvaged, sorted, processed or treated.
SOLID WASTE TRANSFER STATION: A solid waste facility at which solid waste is transferred from collection vehicles (some sorting may occur) to long distance hauling vehicles for transportation to a central solid waste management facility for processing, disposal, incineration or resource recovery.
SOUND LEVEL: The intensity of sound, measured in decibels produced by an operation or use.
SOUND LEVEL METER: An instrument standardized by the American Standards Association for measuring the intensity of sound.
SOURCE SEPARATION: Materials that are separated from the solid waste stream at the point of origin for the purpose of recycling. For example, separating household paper, glass and aluminum from the rest of the solid waste.
SPECIFIED SEXUAL ACTIVITIES:
A. Sexual conduct, being acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's unclothed genitals, pubic area, buttocks or, if such person is a female, her breast;
B. Sexual excitement, being the condition of human male or female genitals when in a state of sexual stimulation or arousal; or
C. Sadomasochistic abuse, being flagellation or torture by or upon a person or the condition of being fettered, bound or otherwise physically restrained.
STABLE, PRIVATE: A building, structure or area of land which is located on a lot on which a dwelling is located and which is designed, arranged, used or intended to be used for housing horses for the private use of occupants of the dwelling unit but in no event for hire.
STABLE, PUBLIC: A building used for housing horses for compensation, hire or sale.
STANDARD OUTDOOR ADVERTISING STRUCTURE AND/OR BILLBOARD: Any sign intended to attract general public interest concerning a commercial enterprise, product, service, industry, or other activity not conducted, sold or offered on the premises upon which the sign is erected. This includes billboards, detached pole signs on separate parcels, wall signs and signs otherwise attached to buildings and/or supported by uprights or braces on the ground. Real estate signs and political signs are excluded from this definition.
STOCKYARD: A nonagricultural based facility used or intended to be used for selling or holding livestock.
STORY: That portion of a building included between the surface of any floor and the surface of the floor next above, or if there is no floor above, the space between the floor and the ceiling next above it and in the case of a split level story, the surface of the floors at different elevations and the ceilings next above such floors, provided that there is not more than four feet (4') difference in elevation between the levels of the floors of such a story. A "basement" as herein defined shall not be considered a story for the purposes of this title.
STORY, HALF: A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than three feet (3') above the floor of such story, except that any partial story used for residence purposes, other than for a janitor or caretaker or his family, or by a family occupying the floor immediately below it, shall be deemed a full story.
STREET: A general term denoting a public right of way or a publicly maintained or approved private thoroughfare which affords the principal means of vehicular access to abutting property. The term includes all facilities which normally are found within the right of way.
STREET LINE: The dividing line between a lot and a contiguous street. If said contiguous street is established by easement rather than by dedicated right of way, the street line shall be established by measuring from the centerline of said roadway half the right of way width if said roadway were dedicated.
STRUCTURAL ALTERATIONS: 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 bearing walls, columns, beams, girders or foundations.
STRUCTURE: Anything that is built or constructed, including, but not limited to, any usable, permanent, in place device or appliance within the lot making a projection of six inches (6") (15 cm) or more above grade and having a base greater than twelve (12) square feet (1 square meter). This does not, however, exclude such underground or surface structures such as tunnels, future foundations, or swimming pools in whole or in part below grade. An improvement upon land, other than the land itself, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground.
STUDIO (RADIO, TELEVISION, FILM OR MUSIC): An establishment primarily engaged in the provision of recording or broadcasting services accomplished through the use of electronic mechanisms.
SUBDIVISION PLAT: The configuration of lots of record, outlots, public rights of way and land improvements which result from subdividing land in accordance with the provisions of this title.
SUBSTATION: The apparatus that connects the electrical collection system of the WECS(s) and increases the voltage for connection with the utility's transmission lines.
SUPPORTING FACILITIES: The transmission lines, substations, access roads, meteorological towers, storage containers, and equipment associated with the generation and storage of electricity by the commercial wind energy facility or commercial solar energy facility.
SURETY BOND: A bond approved by the county board posted with a surety to guarantee a developer's performance.
SURETY COMPANY: A surety, title, or insurance company approved by the county board to act as surety.
SWIMMING POOL, PRIVATE: A swimming pool and the apparatus and equipment pertaining to the swimming pool, maintained by an individual for the sole use of a family and guests, without charge for admission, and not for the purpose of profit or in connection with any business operated for profit, located on a lot as an accessory use to a residence.
SWIMMING POOL, PUBLIC: A swimming pool and apparatus and equipment pertaining to the swimming pool, maintained and operated by a municipality or other units of government for the general public, whether or not an admission fee is charged.
TEMPORARY USE: A use which is only allowed for a specified period of time.
TENT: A structure or enclosure, the roof of which and/or one-half (1/2) or more of the sides are constructed of a silk, cotton, canvas, nylon fabric or a similar light material.
TERMINAL: A depot building or area specifically designated for the storage or transfer of persons or material, or temporary storage and service of operable vehicles used in the transport of persons, goods or materials.
THREE COMPONENT MEASURING SYSTEM: Denotes instrumentation which can measure earth borne vibrations in three (3) directions (those occurring in a horizontal as well as vertical plane).
THROUGH LOT: See definition of Lot, Double Frontage (Through Lot).
TOURIST ORIENTED DESTINATION SIGNS (TODS): Guide signs that display the business identification of and directional information for tourist oriented businesses and tourist oriented facilities, these signs may only be acquired through the appropriate highway authority.
TOXIC MATTER OR MATERIALS: Those which are capable of causing injury to living organisms by chemical means when present in relatively small amounts.
TRACT: See definition of Parcel.
TRAILER: Any vehicle, or any portable or mobile vehicle on wheels, skids or rollers, or blocks, either self-propelled or propelled by any other means, which is used or designed to be used for dwelling, lodging, commercial, or agricultural purposes. For the purposes of this title, such vehicle, or any portable or mobile vehicle shall be classified as a trailer whether or not it has been placed on a permanent foundation with its hitch and rolling equipment removed and whether or not an addition thereto has been built on the ground. See definition of Mobile Home.
TRANSIT FACILITY: A facility used or intended to be used as an area of loading, unloading and interchange of transit passengers. Typical uses include bus terminals, rail stations, park and ride facilities, and passenger related mass transit facilities.
TRANSITION BELT/BUFFER ZONE: An area which may be required along the rear lot line and interior side lot lines of lots which are immediately adjacent to a different zoning district or to a different use. Such transition belt, when required, shall consist of a strip of land lying immediately adjacent and parallel to the full length of a side or rear lot line, extending into the lot a specified width. In no case shall the transition belt encroach into the front yard. Such transition belt shall be unobstructed except by a required transition screen, and shall not contain driveways, parking or loading facilities.
TRANSITION SCREEN: A screen located in a transition belt, such screen meeting the specifications set forth in section 8-4A-9 of this title.
TRANSITIONAL LIVING FACILITY: A state licensed group care home for juvenile delinquents, halfway houses providing residence, rehabilitation and counseling to persons on release from a more restrictive custodial confinement, and residential rehabilitation treatment centers which also may provide outpatient rehabilitation for alcohol and other drug abuse.
TRUCKING FACILITY: The business office or the parking, repair or storage facility for vehicles and/or equipment used for the business of transporting goods on trucks. Such use does not include the storage, processing, or loading and unloading of goods transported.
UPLIGHT: Light projected above the horizontal.
USE: Activity for which the land, or building structure 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 regulations of this zoning ordinance.
USE, ACCESSORY: A subordinate use which is clearly and customarily incidental to the principal use of a building or premises and which is located in the same lot as the principal building or use, except for such accessory parking facilities as are specifically authorized to be located elsewhere.
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 districts.
USE, PRINCIPAL: The primary use and chief purpose of a lot or structure as distinguished from an accessory use.
USE, SPECIAL: A use, either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in any particular district or districts. After due consideration, in each case, of the impact of such use upon neighboring land and of the public need for the particular use at the particular location, such special use may or may not be granted, subject to the terms of this title.
UTILITY, MAJOR: Generating plants; electrical switching facilities and primary substations; water and wastewater treatment plants; water tanks; and radio, television and microwave transmission towers; and similar facilities of agencies that are under public franchise or ownership to provide the public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection or other similar service. The term "utility" shall not be construed to include corporate or general offices; gas or oil processing; manufacturing facilities; postal facilities; or other uses defined herein.
UTILITY, MINOR: Services and facilities of agencies that are under public franchise or ownership to provide services that are essential to support development and that involve only minor structures, such as poles and lines.
VARIANCE: A relaxation of the terms of this zoning ordinance where such variances will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the results of the actions of the applicant, a literal enforcement of this title would result in unnecessary and undue hardship.
VEHICLE AND EQUIPMENT SALES: An establishment engaged in the retail or wholesale sale or rental, from the premises, of motorized vehicles or equipment, along with incidental service or maintenance activities. Typical uses include new and used automobile and truck sales, automobile rental, boat sales, motorcycle sales, moving trailer rental, and agricultural equipment and machinery sales and rental.
VEHICLE/EQUIPMENT STORAGE YARD: An outdoor area used or intended to be used for long term storage of vehicles and equipment, other than a "commercial parking lot" or accessory parking to a principal use.
VEHICLE PAINT AND BODY SHOP: An establishment primarily engaged in painting of or bodywork to motor vehicles or heavy equipment.
VEHICLE REPAIR: A use providing automobile repair or maintenance services within completely enclosed buildings, but not including "general vehicle repair" services.
VIBRATION: The periodic displacement, measured in inches, of earth.
VOCATIONAL SCHOOL: A use providing education or training in business, commercial trades, language, arts or other similar activity or occupational pursuit, and not otherwise defined as a "college or university" or "school".
WAREHOUSE, SELF-STORAGE: An enclosed storage facility containing independent, fully enclosed bays that are leased to individuals exclusively for dead storage of their household goods or personal property.
WAREHOUSING AND WHOLESALE: An establishment primarily engaged in the storage or sales of materials, equipment, or products or sales to wholesalers or retailers. Typical uses include cold storage, warehousing and dead storage facilities, but excluding "residential storage warehouses" and sales of goods to the general public.
WASTE: Any garbage, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include, solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under section 402 of the clean water act or sources, special nuclear, or byproduct materials as defined by the atomic energy act of 1954, as amended (68 stat. 921) or any solid or dissolved material from any facility subject to the federal surface mining control and reclamation act of 1977 (PL 95-87) or the rules and regulations hereunder or any law or rule or regulations adopted by the state of Illinois pursuant thereto.
WASTE CONSOLIDATION POINT: A point where solid waste is collected and can be sorted and compacted, to be then transferred to a solid waste facility, and is identified as a supportive accessory use to a residential district.
WECS TOWER HEIGHT: Means and includes the distance from the rotor blade at its highest point to the top surface of the WECS foundation.
WELDING OR MACHINE SHOP: A workshop where machines, machine parts, or other metal products are fabricated. Typical uses include machine shops, welding shops and sheet metal shops.
WIND ENERGY CONVERSION SYSTEM TOWER: The support structure to which the nacelle and rotor are attached.
WIND ENERGY CONVERSION SYSTEM TOWER HEIGHT: The distance from the rotor blade at its highest point to the top surface of the WECS foundation.
WIND ENERGY CONVERSION FACILITY, COMMERCIAL: A wind energy conversion facility of equal or greater than 500 kilowatts in total nameplate generating capacity. Also referred to herein as "Wind Energy Conversion System" or WECS" or "WECS Project".
WIND ENERGY CONVERSION SYSTEM (WECS), COMMERCIAL: All necessary devices that together convert wind energy into electricity to be sold to wholesale or retail markets, including the rotor, nacelle, generator, WECS tower, electrical components, WECS foundation, transformer, and electrical cabling from the WECS tower to the substation(s).
WIND ENERGY CONVERSION SYSTEM (WECS), PRIVATE: All necessary devices that together convert wind energy into electricity, including the rotor, nacelle, generator, WECS tower, electrical components, WECS foundation, transformer, and electrical cabling from the WECS tower to any substation(s), where the rated capacity is not more than one hundred (100) kilowatts, and the WECS is located on private property for the use of the owner of the property on which the WECS is to be located.
WIND ENERGY CONVERSION SYSTEM (WECS) PROJECT: The collection of WECSs and substations as specified in a special use permit application pursuant to this title.
WIND TOWER: Means and includes the wind turbine tower, nacelle, and blades.
YARD: An open space on the same zoning lot with a building or structure, unoccupied and unobstructed from its lowest level to the sky, except as otherwise authorized by this title.
YARD, FRONT: A yard extending along the full length of the front line between the side lot lines.
YARD, REAR: A yard extending along the full length of the rear lot line between the side lot lines.
YARD, SIDE: A yard extending along a side lot line between the front and rear property lines.
YARD WASTE: See definition of landscape waste.
ZONING ADMINISTRATOR: The Zoning Administrator of Jo Daviess County, Illinois, or his/her designated representative.
ZONING BOARD OF APPEALS: The Jo Daviess County Zoning Board of Appeals.
ZONING MAP: The map adopted by the County Board in accordance with 55 Illinois Compiled Statutes or any other statute enacted in lieu thereof showing all zoning district boundaries in the unincorporated areas of Jo Daviess County, Illinois.
ZONING ORDINANCE: The zoning ordinance of Jo Daviess County, Illinois.
(Ord. 2009-3, 5-12-2009; amd. Ord. 2011-8, 11-8-2011; Ord. 2015-7, 11-10-2015; Ord. 2016-8, 10-11-2016; Ord. 2019-4, 12-10-2019; Ord. O2023-6, 5-9-2023)
Notes
| 1 | 1. 705 ILCS 405/1-1. |
| 2 | 2. 225 ILCS 10/1 et seq. |
| 3 | 1. 225 ILCS 10/1 et seq. |
| 4 | 1. 225 ILCS 10/1 et seq. |
| 5 | 2. 225 ILCS 10/1 et seq. |
| 6 | 1. 225 ILCS 10/1 et seq. |