§ 93.007 RULES AND DEFINITIONS

   In the application of this zoning code the rules and definitions contained in this section shall be observed and applied except when the context clearly indicates otherwise. The following shall apply whenever a conflict occurs in any instance.

   (A)   Rules. Words used in the present tense shall include the future, and words used in the singular number shall include the plural number and the plural, the singular number shall include the plural number, and the plural, the singular. The word SHALL is mandatory and not discretionary; the word MAY is permissive. The word LOT shall include the words PLOT , PIECE , and PARCEL . The phrase USED FOR , shall include the phrases ARRANGED FOR , DESIGNED FOR , INTENDED FOR , OCCUPIED FOR , and MAINTAINED FOR . The word COUNTY shall refer to and be interpreted to mean county. Section numbers shall be and include all subsection designations of that numerical sequence.

   (B)   Definitions. For the purpose of this chapter the following words and phrases shall have the following meanings ascribed to them respectively.

      ABANDONMENT. An action to give up one's rights of interest in property.

      ACCESSORY BUILDING or STRUCTURE.    A detached subordinate building or structure, the use of which is customarily incidental to that of the main use of the land and which is located on the same lot with the main building or use. Structures under 200 square feet are not subject to a building permit but must meet accessory structure setback requirements as per § 93.051.

      ACCESSORY DWELLING UNIT. A residential dwelling unit, not including mobile homes, within an accessory structure located on the same lot as a single-family dwelling. ACCESSORY DWELLING UNITS shall not take up more than 1,000 square feet of an accessory structure.

      ACCESSORY USE. A use that is incidental and subordinate to the principal use of the premises and does not change the basic character thereof as determined by its principal use.

      ADULT BUSINESS. Any establishment having as a substantial or significant portion of its stock in trade or business activity in a use such as, but not limited to the following: Adults-only bookstores, adults-only motion picture theaters, adult entertainment centers, massage parlors, rap parlors, adult-only cabarets or adults-only saunas, where explicit sexual conduct is depicted and/or sexual activity is explicitly or implicitly encouraged or tolerated.

      AGRICULTURE. All land used for agricultural purposes that includes the growing of farm crops, truck garden crops, animal and poultry husbandry, apiculture, nurseries, tree farms, sod farms, pasturage, viticulture, and wholesale greenhouses when such agricultural purposes constitute the principal activity on the land.

      AGRICULTURAL FARM. An area of land of not less than 40 acres used entirely for agricultural pursuits as defined in the term AGRICULTURE .

   AGRITOURISM. An enterprise located at a working farm, ranch, or other agricultural operation conducted for the enjoyment and/or education of visitors, guests, or clients that generates income for the owner/operator.

      ALLEY. A public access way, which affords only a secondary means of access to abutting property and is not intended for general traffic circulation.

      ALTERATIONS. As applies to a building or structure, a change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by horizontal extensions or by increasing in height or the moving from one location or position to another.

      ALTERATIONS, STRUCTURAL. A change in the supporting members of a building such as bearing walls, columns, beams or girders.

      ANIMAL, DOMESTIC. Dogs, cats, rabbits, and similar size animals commonly kept as household pets, but not including an animal, reptile, bird or species normally considered wild, as opposed to domesticated.

      ANIMAL, FARM. Farm animals are those, which have historically been bred, reared and utilized for the production of meat, wool, leather, milk, eggs and similar products. This definition is inclusive of all farm animals, fowl, reptiles and fish, such as horses, cattle, rabbits, hogs, sheep, geese, chicken, ducks, snakes, catfish and emu.

      ANIMAL HOSPITAL. Any building or portion thereof designed or used for the care, observation or treatment of domestic animals.

      ANIMAL, WILD. Wild animals are those animals, fowl, reptiles, and fish of the North American continent not domesticated such as bears, raccoons, squirrels, alligators, and Gila monsters; animals, fowl, reptiles and fish from other continents shall automatically be considered wild.

      APARTMENT. A suite of rooms or a room in a building arranged and intended for a place of residence of a single-family or a group of individuals living together as a single housekeeping unit.

      APARTMENT HOTEL. An apartment house, which furnishes for the use of its tenants, services ordinarily furnished by hotels, but the privileges of which are not primarily available to the public.

      APARTMENT HOUSE. A multi-family dwelling occupied by four or more family living independently of each other in dwellings units, such dwelling units normally being rented or used other than by the day, by the same occupant for a continuous period ordinarily of six months or more.

      AREA, GROSS. The entire area within the boundary lines of the territory proposed for development, including the area to be dedicated for street and alley rights-of-way and public use.

      AREA, NET. The entire area within the boundary lines of the territory proposed for subdivision, less the area to be dedicated for streets and alley rights-of-way and public use.

      AREA OF ZONING LOTS. The total horizontal area (square footage) within the property lines of a lot, excluding public streets and alleys, meeting the district requirement of this zoning code.

      ATTACHED BUILDING. A building attached to another building by a common wall (such wall being a solid wall with or without windows and doors) and a common roof.

      AUDITORIUM. A room, hall or building made a part of a church, theater, school, recreation building or other building assigned to the gathering of people as an audience, to hear lectures, plays and other presentations.

      AUTOMOBILE PARKING AREA. A lot or part thereof used for the storage or parking of motor vehicles with or without the payment of rent or charges.

      AUTOMOBILE SALES AREA. A parcel of land used for the display and sale of new or used automobiles, where repair work is permitted.

      AUTOMOBILE WRECKING YARD. Any place where two or more motor vehicles, not in running condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building, or structure used for wrecking or storing of such motor vehicles or parts thereof, and including any used farm vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating conditions; and including the commercial salvaging of any other goods, articles or merchandise.

      BAR. An establishment where the primary purpose is the serving of alcoholic beverages for consumption by guests and patrons on the premises and in which the serving of food is either not done or is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets.

      BARRIER (NATURAL or ARTIFICIAL). Any street, highway, river, pond, canal, railroad, levee, embankment, screening by a fence or hedge, or similar obstruction.

      BASE FLOOD. The flood having a 1% probability of being equaled or exceeded in any given year. The base flood is also known as the 100-YEAR FLOOD . The base flood elevation at any location is as defined in § 93.038(B)(7).

      BASEMENT. A story having more than one-half its height below the average level of the adjoining ground.

      BED AND BREAKFAST INN. A residence that provides a small number of rooms for short-term lodging of transient guests, where the owner/operator occupies the residence and remains on-site, and where breakfast is provided to guests. BED AND BREAKFAST INNS do not include long-term rentals of any kind, boarding houses, or short-term rentals/Airbnbs where there is no owner/operator on site and breakfast is not served to guests.

      BEEKEEPING. The raising or producing of bees, beeswax, honey, and by-products.

      BEEKEEPING COLONY. The entire honeybee family or social unit living together.

      BEEKEEPING EQUIPMENT. Honeybee hives, supers, frames, or any other device used in beekeeping.

      BILLBOARD. A sign which directs attention to business, commodity service, or entertainment conducted, sold, or offered elsewhere than upon the premises where the sign is located or which it is affixed.

      BLOCK. An area of land entirely bounded by streets, highways, barriers or ways (except alleys, pedestrian ways, or exterior boundaries or a subdivision unless exterior boundary is a street, highway or way) or a combination of streets, public parks, cemeteries, railroad rights-of-way, shorelines or waterways.

      BOARDING HOUSE. A building other than a hotel or restaurant were meals are provided for than ten, who are not members of the keeper's family, but not open on a daily, overnight or per meal basis to transient guests.

      BUILDABLE AREA. The space remaining on a zoning lot after the minimum setback requirements of this zoning code have been complied with.

      BUILDING.    Any structure, whether temporary, semi permanent, or permanent, designed or intended for the support, enclosure, shelter or protection of persons, property, chattels, animals or substances of any kind. A structure that is principally above ground and is enclosed by walls and a roof. BUILDING includes a gas or liquid storage tank in order that such tanks will be constructed to the same flood damage protection standards. The term includes a mobile home or prefabricated building, which is affixed on a permanent site and connected to the required utilities. BUILDING does not include recreational vehicles or travel trailers.

      BUILDING AND ZONING COMMITTEE. The Building and Zoning Committee of the County Board.

      BUILDING HEIGHT. The vertical distance measured from the average elevation of the proposed finished grade at the front wall of the building to the highest point of the structure.

      BUILDING LINE. See SETBACK LINE .

      BUILDING, PRINCIPAL. A non-accessory building in which the principal use of the zoning lot is conducted.

      CHURCH. A religious association providing worship services on a regular schedule.

      CAMPING TRAILERS.   Also referred to as travel trailers as opposed to a mobile home. Generally is designed for temporary occupancy as a vacation dwelling, generally does not have self-contained sanitary facilities, can be operated independently of utility connections, is limited in width to approximately eight feet and length to approximately 32 feet, and is designed to be moved by motorized vehicle.

      CENTERLINE.

         (a)   The centerline of any right-of-way having a uniform width;

         (b)   The original centerline, where the original right-of-way has been widened irregularly, other than relocation;

         (c) The new centerline wherever a road has been relocated;

         (c)   The survey centerline established by the agency having jurisdiction over the right-of-way established with an irregular width.

      CHANNEL. A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow thus is that water which is flowing within the limits of defined channel.

      CLINIC. A place used for the care, diagnosis, and treatment of sick, ailing, infirm and injured persons but who are not provided with board or room nor kept overnight on the premises.

      CLUB. A nonprofit association of persons who are bona fide members organized for some common purposes and paying regular dues; not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

      COMMISSION, PLANNING. The Madison County Regional Planning Commission.

      COMMERCIAL FEEDING FACILITY. A structure or enclosed area used for feeding cattle hogs or other livestock in lots of 100 animals or more and not otherwise connected with farming operation.

      COMMERCIAL POULTRY FACILITY. A structure or enclosed area used for feeding and raising farm poultry in excess of 500 domestic fowl and not otherwise connected with a farming operation.

      COMMON AREA. Any area or space designed for joint use or tenants or owners occupying a planned unit development or other development.

      COMMUNITY SOLAR. A solar power plant whose electricity is shared by more than one property.

      CONDOMINIUM. The ownership of individual dwelling units in a multi-dwelling unit structure on a single parcel of land with common ownership of all portions of the property except the dwelling units.

      CONVENIENCE STORE. A small retail establishment that offers a limited range of household goods and groceries for sale, including but not limited to soft drinks, coffee, dairy products, snack foods, bread, magazines, newspapers, toiletries, and tobacco products. This use does not include liquor stores, smoke shops, or drug stores.

      COUNTY BOARD. The County Board of Madison County, Illinois.

      COVERAGE. Total square footage of ground floor is expressed as square footage.

      CUL-DE-SAC. A short land access street having only one end open for vehicular traffic and the other permanently terminated by a turn-around for vehicles.

      DAIRY. Any premises where three or more dairy animals are kept, milked and maintained; the term DAIRY ANIMAL meaning either cows or goats.

      DARWIN-KARNAK. A soil association that is formed finely textured clayey sediments that were transported and deposited in slack water. This soil association has severe limitations due to: A seasonal high water table at or near the surface, flooding or ponding hazard, slow permeability, high susceptibility to frost heave, moderated to high shrink-swell potential, and a high clay content.

      DENSITY, GROSS. The total number of dwelling units divided by the total project area, expressed as gross dwelling units per acre.

      DENSITY, NET. The total number of dwelling units divided by the total project area, expressed as gross dwelling units per acre.

      DESIGN. The arrangement of uses on the land and use of land for easements, lots and rights-of-way, including materials, alignment, grade and width of these elements.

      DEVELOPMENT. Any manmade change to real estate.

         (a)   Including:

            1.   Construction, reconstruction, or placement of building or an addition to a building valued at more than $1,000.

            2.   Installing a mobile home on a site or preparing site for a mobile home.

            3.    Drilling, mining, installing utilities or facilities, construction of roads, bridges or similar projects valued at more than $1,000.

            4.   Construction or erection of levees, walls, or fences.

            5.   Filling, dredging, grading, excavating or other nonagricultural alterations of the round surface.

            6.   Storage of materials.

            7.   Any other activity that might change the direction, height or velocity of flood or surface waters.

         (b)   Not including:

            1.   Maintenance of existing buildings and facilities such as re-roofing or re-surfacing.

            2.   Repairs made to a dam bed building that do not change the building's exterior dimensions and that are valued at less than 50% of the value of the building before the damage occurred.

            3.   Gardening, plowing and similar agricultural practices that do not involve filling, grading or construction of levees.

            4.   Agricultural development activities on farms, including farm residences as exempted by law.

      DISK, T.V. A thin, flat, circular plate-type object that is placed on private property or business property to be used to receive satellite images. These can be placed either on a building or separate from building.

      DISTRICT. A portion of the territory of the county within which certain uniform regulations and requirements of various combinations thereof apply under this zoning code.

      DRIVEWAY. A minor private way used for vehicles on a zoning or mobile home lot or for common access to small group of lots, or common parking facilities.

      DRY CLEANER RETAIL. A retail limited processing dry cleaner primarily serving individual public consumers.

      DRY CLEANER WHOLESALE. A business primarily processing dry cleaning for other businesses as opposed to the individual public.

      DUMP. A lot or part thereof used primarily for the disposal by abandonment, dumping, burial, burning or other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.

      DWELLING. Any building or portion thereof designed or used exclusively as living quarters for one or more families, other than hotels, motels, tourist homes, clubs, hospitals or similar uses.

      DWELLING, MULTIPLE-FAMILY.    A building or portion thereof, designed or altered for occupancy by two or more families each living as an independent housekeeping unit.

      DWELLING, SINGLE-FAMILY. A detached site-built or modular principal building designed for or used as a dwelling exclusively by one family as an independent housekeeping unit. This includes both frame and post-frame construction, and does not include mobile homes (See definition of MOBILE HOME.)

      DWELLING UNIT. A residential unit providing complete independent living facilities for one family including permanent provisions for living, sleeping, eating, cooking and sanitation.

      EASEMENT. A right to use another person's property, but only for a limited and specifically named purpose.

      EATING AND DRINKING ESTABLISHMENT. A business that is primarily engaged in the sale of food, beverages, or refreshments prepared on the premises to customers for immediate on-site consumption or for take-out. This is limited to bars and restaurants as defined in § 93.007.

      ENCLOSED BUILDINGS. A building separated on all sides from adjacent open space or other building by fixed exterior walls or party walls, with openings only for windows and doors, and covered by a permanent roof.

      ENCROACHMENT LINES. The limits of obstruction to flood flows. These lines are generally parallel to the stream. The lines are established by assuming that the landward (outside) of the encroachment lines will be ultimately developed in such a way that it will not be available to convey flood flows. The stream channel and adjoining flood plains between these lines will be maintained as open and will be adequate to convey the regional flood without increasing flood heights.

      EQUAL DEGREE OF ENCROACHMENT. Established by considering the effect of encroachment on the hydraulic efficiency of the “flood plain” along a significant “reach” of the stream. Hydraulic efficiency depends on such factors as the relative orientation of the channel with respect to the “flood way,” the natural and manmade characteristics of the flood plain, relative ground level on both sides of the stream, the type of vegetation of both sides of the stream, and the resistance of such vegetation to flood flows. In most cases these factors will not result in equal distances of areas between encroachment lines on both sides of the stream.

      ESCROW AGENT. The person or persons identified as escrow agents by the Madison County Subdivision Regulations.

      ESSENTIAL GOVERNMENTAL OR PUBLIC UTILITY SERVICES. The erection, replacement, construction, alteration or maintenance by public utilities or governmental departments, of underground or overhead, gas, electrical, steam, water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wire, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signal, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by these public utilities, governmental departments, or commissions or for the public health, safety or general welfare, but not including buildings.

      EXCAVATION. Any act by which organic matter, earth, sand, gravel, rock, or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting there from.

      EXCAVATION CONTRACTING. A business which is primarily engaged in site preparation activities, such as excavating and grading and/or establishments primarily engaged in construction equipment rental with operator are also included. Outside storage of equipment is permitted, provided they are kept in a neat and orderly condition, and shall be located in the rear yard and adequately screened from the public roadway by a site proof fence or natural screening, as approved by the Zoning Administrator.

      EXISTING GRADE. The vertical location of the existing ground surface prior to excavation or filing.

      EXPRESSWAY. A primary highway constructed as a freeway that has complete control of access.

      FAMILY.

         (a)   A single individual doing their own cooking and living upon the premises as a separate housekeeping unit; or

         (b)   A collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage, adoption or employment servants; or

         (c)   A group of not more than three unrelated persons doing their own cooking and living together on the premises as a separate housekeeping unit pursuant to a mutual housekeeping agreement (not including a group occupying a boarding or rooming house, club, fraternity or hotel).

      FENCE, OPEN TYPE. A fence that is not a solid structure sealing off the flow of air. It must be at least 50% open and approved by the Building Official prior to erection.

      FENCE, SOLID. A fence that blocks the flow of air, such as a concrete or brick wall; or boards abutting each other including staggered boards on each side of the fence frame, usually used for privacy. Plans must be approved by the Building Department prior to erection.

      FILING DATE. The date the applicant has filed the last item of required data or information constituting a completed application and has paid the required fee.

      FILL. Any act by which earth, sand, gravel, rock, or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported or moved by man to a new location and shall include the conditions resulting therefrom.

      FINAL DEVELOPMENT PLAT. The final engineering and architectural detail maps, drawings, and supportive material on which the developer's plan of the project area is presented and, if approved, will be submitted to the County Recorder of Deeds.

      FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters, or the unusual and rapid accumulation or runoff of surface waters from any source.

      FLOOD, 100-YEAR. The flood having a 1% chance of being equaled or exceeded in any given year. Also referred to as the BASE FLOOD .

      FLOOD ELEVATION, REGULATORY. Elevation of the 100-year flood, according to the best available data.

      FLOOD FRINGE. That portion of the flood plain outside the flood way.

      FLOOD PLAIN. The relatively flat area or lowlands adjoining the channel of a river, stream, watercourse, lake, or ocean which has been or may be covered by flood water; the land adjacent to a body of water which has been or may be hereafter covered by flood water including but not limited to the regional flood.

      FLOOD PROFILE. A graph or longitudinal profile showing the relationship of water surface elevation to location, the latter generally expressed as distance above the mouth for a stream of water flowing in an open channel. The FLOOD PROFILE is generally drawn to show surface elevation for the crest of a specific flood, but may be prepared for conditions at a given time or stage.

      FLOOD PROOFING. Any combination of structural and nonstructural conditions, changes or adjustments to properties and structures subject to flooding primarily for the reduction of elimination of flood damages to lands, properties, water and sewer facilities, structures and contents of buildings.

      FLOOD PROTECTION ELEVATION or FPE. The elevation of the “base flood,” plus one foot, at any location in the “special flood hazard area”(“SFHA”).

      FLOOD WAY. That portion of a “special flood hazard area” (“SFHA”) required to store and convey the “base flood.” If not prohibited, building, building or placing obstructions in a FLOOD WAY will increase flood damages to other properties.

      FLOOR AREA, GROSS (FOR THE PURPOSE OF DETERMINING FLOOR AREA RATIO). The gross floor area of a building or buildings shall be the sum of the gross horizontal areas of the several floors of this building or buildings; measured from the exterior faces of exterior walls or from the centerline of party walls separating two buildings. In particular, GROSS FLOOR AREA shall include:

         (a)   Basement space if at least one-half of the basement story height is above the established curb or ground level;

         (b)   Elevator shafts and stairwells at each floor;

         (c)   Floor space used for mechanical equipment where the structural headroom exceeds seven and one-half feet; except equipment, open or enclosed, located on the roof, for example, bulkheads, water tanks and cooling towers;

         (d)   Attic floor space where the structural headroom exceeds seven and one-half feet.

      GARAGE, BUS. Any building used or intended to be used for the storage of three or more passenger motor buses or motor coaches used in public transportation, including school buses.

      GARAGE, BUS or TRUCK. A building which is used or intended to be used for the storage of motor trucks, truck-trailers, tractors and commercial vehicles exceeding one and one-half-tons’ capacity.

      GARAGE PARKING, PRIVATE. A building or portion thereof for the storage of one or more motor vehicles for persons living on the premises.

      GARAGE, PRIVATE. An accessory building or an accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the gamily or families resident upon the premises. Such a garage shall not be used for more than one commercial vehicle and the load capacity of vehicle shall not exceed one and one-half tons.

      GARAGE, PUBLIC. A building other than a private garage, used for the care, incidental servicing and sale within the structure, but not including trucks, tractors, truck trailers, and commercial vehicles exceeding one and one-half tons’ capacity.

      GARAGE REPAIR. A service business whose primary function if the repair and service of vehicles, boats, appliances, and similar articles.

      GASOLINE SERVICE STATION. A building premises or portion thereof used for the retail sale of gasoline, oil, or other fuel, automotive parts, supplies, or accessories for motor vehicles and which may include, as an incidental use only, facilities used for polishing, greasing, washing, or otherwise cleaning or light servicing of motor vehicles but not including liquefied petroleum gas distribution facilities.

      GRADING. Excavation or fill or any combination thereof and shall include the conditions resulting from any excavation or fill.

      HOME CRAFTS. Creating or manufacturing an item, including, but not limited to, dress-making, knitting, the manufacture of crafts, woodworking, drawing, painting, and sculpting. HOME CRAFTS are considered a home occupation use and subject to the requirements of § 93.083 (Home Occupations).

      HOME OCCUPATION. Any use conducted entirely within a dwelling or an accessory building which is clearly incidental and secondary to the use of the dwelling for residential purposes and which does not change the character thereof.

      HOSPITAL or SANITARIUM. An institution devoted primarily to the maintenance and operation of facilities for the diagnoses, treatment, or care for not less than 24 hours in any week of the general public suffering from illness, disease, injury, deformity or other abnormal physical conditions. The term HOSPITAL as used in this zoning code does not apply to institutions operating solely for the treatment of insane persons, drug addicts, liquor addicts, or other types of cases necessitating restraint of patients, and the term HOSPITAL shall not be used for convalescent, nursing, shelter, or boarding homes.

      HOTEL. A building designed or used for occupancy normally as the temporary lodging place of individuals, having at least six guest rooms, where a general kitchen and dining room may be provided but where there are no cooking facilities in any guest room.

      IMPROVEMENT. Refers to site grading, street work, and utilities (including water, sewer, electric, gas and storm water) to be installed or agreed to be installed by the sub divider on land to be used for public or private streets, and easements or other purposes as are necessary for the general use of lot owners in the subdivision.

      IMPROVEMENT PLANS. The engineering plans showing types of materials and construction details for the physical structures and facilities to be installed either in, or in conjunction with, the subdivision.

      INTERSTATE HIGHWAY. Any highway designated by the Illinois Department of Transportation and approved by the United States Department of Transportation as a part of the National System of Interstate and Defense Highways on July 1, 1972, or thereafter.

      JUNK. Includes, but is not limited to old, dilapidated scrap or abandoned metal, paper, cardboard, building and construction material and equipment (including, but not limited to wood, lumber, concrete, etc.), bottles, glass, tin cans, appliances, furniture, beds and bedding, rags, rubber, boats, tires, inoperable motor vehicles, machinery parts, and any other manufactured or constructed object which has outlived its usefulness in its original form (notwithstanding the fact that the object may have scrap to its/their present condition and/or visibility, may reasonably be construed to be unsightly, dangerous or unsanitary.

      JUNKYARD. Any area where scrap, metal, paper, rags, or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including auto and building salvage yards.

      KENNEL. The keeping of more than four dogs, cats or other domesticated animals over the age of four months in any structure or on any lot for any use including, but not limited to, the boarding, breeding, or training of animals.

      KITCHENETTE. A small, secondary kitchen area that may be located within the primary structure or an accessory structure on the property. KITCHENETTES may have cabinets, a sink, a refrigerator, and/or dishwasher. Ovens, built-in stovetops, and ranges are not permitted in a kitchenette.

      LAND USE PLAN.    The long-range plan for the desirable use of land in the county as officially adopted and as amended from time to time by the County Board.

      LANDSCAPING SERVICES. A business primarily engaged in providing landscape care and maintenance services for lawns, trees, shrubs, plants or gardens on private or public property. Services include lawn maintenance, tree trimming, tree removal, hedge trimming, hedge removal, stump removal and chipping service. Retail and wholesale sales of products and services are not permitted.

      LAUNDRIES.

         (a)   LAUNDROMAT. A business that provides home-type washing, drying, and ironing machines for hire to be used by the customers on the premises.

         (b)   COMMERCIAL INDUSTRIAL LAUNDRY. A business that provides washing, drying and ironing services operated by the employees on the premises.

      LICENSED FRATERNAL ESTABLISHMENT. The location where a qualified fraternal organization that derives its charter from a national fraternal organization regularly meets.

      LICENSED VETERANS ESTABLISHMENT. The location where a qualified veterans organization that derives its charter from a national veterans organization regularly meets.

      LICENSED TRUCK STOP ESTABLISHMENT. A facility (i) that is at least a three-acre facility with a convenience store, (ii) with separate diesel islands for fueling commercial motor vehicles, (iii) that sells at retail more than 10,000 gallons of diesel or biodiesel fuel per month, and (iv) with parking spaces for commercial motor vehicles. "Commercial motor vehicles" has the same meaning as defined in Section 18b-101 of the Illinois Vehicle Code.

      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, alley or other appropriate means of access.

      LODGING or ROOMING HOUSE. A building with more than three guest spaces, where lodging is provided for compensation pursuant to previous arrangement but not open on a daily, overnight or per meal basis to transient guests.

      LOT. A portion or parcel of land (whether a portion of a platted subdivision or otherwise) occupied or intended to be occupied by a building or use and its accessories together with such yards as are required under this zoning code having not less than the minimum area, width, and depth required by this zoning code for a lot in the district in which such land is situated and having its principal frontage on a street or on such other means of access as permitted in accordance with this zoning code. The minimum area of a lot as defined herein must be an integral unit of land under unified ownership in fee or in co-tenancy, or under legal control tantamount to such ownership, which ownership or control must continue for the existence of the building or buildings permitted to be situated on the lot.

      LOT AREA. See AREA OF ZONING LOT .

      LOT, CORNER. A lot abutting upon two or more streets at their intersection or upon two parts of the same street. The point of intersection of the street lines is the CORNER . (See Figure 2 in Appendix B at the end of the chapter).

      LOT, COVERAGE. The area of a zoning lot occupied by the principal building or buildings and accessory buildings.

      LOT, DEPTH. The mean horizontal distance between the front and the rear lot lines measured in the general direction of the side lot lines.

      LOT, DOUBLE FRONTAGE. See LOT, THROUGH .

      LOT, INTERIOR . A lot whose side lines do not abut upon any street.

      LOT LINE, FRONT. The line separating the lot from the street. The street on which a building's frontage is oriented shall determine the location of the front lot line provided the front setback is no less than the average setback of existing building.

      LOT LINE, REAR. The rear lot line is the lot line or lot lines most nearly parallel to and most remote from the front lot line.

      LOT LINE, SIDE. Any lot lines other than front or rear lot lines. A side lot line separating a lot from a street is called a street side lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.

      LOT OF RECORD. A lot, the plat of which has been recorded in the office of the County Recorder of Deeds.

      LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets.

      LOT, WIDTH. The mean horizontal width of the lot measured at right angles to the side lot lines.

      MAIN TRAVELED WAY.    The traveled way of a highway on which through traffic is carried. In the case of divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main traveled way. It does not include such facilities as frontage roads, turning roadways or parking areas.

      MASTER DEVELOPMENT PLAN. A combination of maps, drawings, site plans, charts, and supportive narrative material that portrays total development to be achieved in the overall project area which provides sufficiently detailed information to describe the intended character and configuration of development to be accomplished.

      MOBILE HOME. A structure, used for one family, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 900 or more square feet, and which is built on a permanent chassis, and designed to be used as a dwelling with or without a permanent foundation. (See definition of PERMANENT CHASSIS.)

      MOBILE HOME, DOUBLE WIDE. Consists of two mobile units, used for one family, joined at the side into a single home but kept on their separate chassis for repeated transportation to a site.

      MOBILE HOME LOT. A parcel of land for the placement of a mobile home and the exclusive use of its occupants.

      MOBILE HOME PAD. That part of an individual mobile home space or lot beneath the home including the concrete portion of the pad.

      MOBILE HOME PARK. An area of land under unified ownership or control of which two or more mobile homes are harbored either free of charge or for revenue purposes, and shall include any buildings, structures, tent, vehicle, or enclosure used or intended for use as part of the equipment of the mobile home park; includes courts, developments and communities.

      MOBILE HOME SPACE. A portion of a mobile home park designed for the use or occupancy of one mobile home.

      MODULAR BUILDING UNIT. A factory-fabricated, transportable building unit designed to be incorporated at a building site on a permanent foundation into a structure to be used for residential, commercial, educational, or industrial purposes. The Building and Zoning Committee must approve types of modular homes, and they must fit within the aesthetic and general appearance of homes and buildings adjacent to and in the general vicinity of the MODULAR BUILDING UNIT.

      MOTEL or MOTOR HOTEL. A series of attached, semi-attached or detached sleeping or living units, for the accommodation of transient guests and not customarily including individual cooking or kitchen facilities, these units having convenient access to off-street parking spaces for the exclusive use of the guests or occupants.

      MOTOR FREIGHT TERMINAL. A building in which freight, brought to the building by motor truck, is assembled and sorted for routing in intrastate and interstate shipment by motor truck.

      NOISOME AND INJURIOUS SUBSTANCE, CONDITIONS AND OPERATIONS.

         (a)   Creation of unreasonable physical hazard by fire, explosion, radiation or other cause to persons or property.

         (b)   Discharge of any liquid or solid waste into any stream or body of water or into any public or private disposal system or into the ground so as to contaminate any water supply including underground water supply.

         (c)   Maintenance or storage of any material either indoors or outdoors so as to cause or to facilitate the breeding vermin.

         (d)   Emission of smoke, measured at the point of emission, which constitutes an unreasonable hazard to the health, safety or welfare of any persons.

         (e)   Fly ash or dust which can cause damage to the health of persons, animals or plant life or to other forms of property, or excessive soil, measured at or beyond the property line of the premises on which the aforesaid fly ash or dust is created or caused.

         (f)   Creation or causation of any reasonably offensive odors discernible at or beyond any property line of the premises on which the aforesaid odor is created or caused.

         (g)   Creation or maintenance of any unreasonable reflection or direct glare, by any process, lighting or reflection material at or beyond any property line of the premises on which the aforesaid reflection or direct glare is created or caused.

         (h)   Creation or maintenance of any unreasonably distracting or objectionable vibration or electrical disturbances discernible at or beyond any property line of the premises on which the aforesaid vibration or electrical disturbance is created or maintained.

      NONCONFORMING BUILDING. A building, structure, or portion thereof conflicting with the provisions of this zoning code applicable to the district in which it is situated.

      NONCONFORMING USE. A use of a building or land legally existing at the time of adoption of this zoning code or any amendment thereto and which does not conform to the use regulations of district in which located.

      NURSERY SCHOOL. A school designed to provide daytime care or instruction for two or more children from two to five years of age, inclusive.

      NURSING HOME. A building intended for use as a medical service, but do not require intensive hospital care.

      OBSTRUCTION. Any dam, wall, embankment, levee, dike, pile, abutment, protection, excavation, channel modification, bridge conduit, culvert, building, wire, fence, rock gravel, refuse, fill structure or matter in, along, across, or projecting into any channel, water course, or regulatory flood hazard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water might carry the same downstream to the damage of life or property.

      OFFICE, PROFESSIONAL. An office (other than a service office and other than an office for care or treatment of, or medical attention to, animals as distinguished from persons) for the practice of professions, such as the offices of urban planners, physicians, dentists, attorneys-at-law, architects, engineers, artists, musicians, teachers, accountants and others who through training are qualified to perform services of a professional nature, or the offices of a governmental agency, and where there is no storage, sale or display of merchandise on the premises.

      OFFICE, SERVICE. An office in which offers services by real estate agents, insurance agents, public stenographers, brokers or others who through raining are duly qualified to perform services of an executive nature.

      OPEN SPACE. Undeveloped land dedicated for parks, green spaces, or other recreational purposes.

      ORDINARY HIGH WATER MARK. The highest point on the bank of a normal stage channel at which the water level has been for a sufficient period to leave a definite mark.

      PARKING AREA, PRIVATE. An open, hard surfaced area, other than a street or public way, designed, arranged, and made available for the storage of private passenger automobiles only, or occupants of the building or building for which the parking area is developed and is accessory.

      PARKING AREA, PUBLIC. Any open, hard surfaced area, other than a street or other public way, used for the parking of automobiles or other motor vehicles and available to the public whether for a fee or fee for clients or customers.

      PARKING LANE. A lane of a street used primarily for vehicular parking.

      PARKING SPACE, AUTOMOBILE. A public or private parking area of not less than 200 square feet, ten feet by 20 feet, exclusive of access drives, or aisles, ramps, or columns.

      PERMANENT CHASSIS.    The entire transportation system of a mobile home which is designed to remain permanent and comprised of the following subsystems:

         (a)    Drawbar and coupling mechanism. Rigid assembly, (usually an “A” frame) upon which is mounted a coupling mechanism, which connects the mobile home's frame to the towing vehicle.

         (b)   Frame. The fabricated rigid substructure which provides considerable support to the affixed mobile home structure both during transport and on-site; and also provides a platform for securement of the running gear assembly, the drawbar and coupling mechanism.

         (c)   Running gear assembly. The subsystem consisting of suspension springs, axles, bearings, wheels, hubs, tires and brakes, with their related hardware.

         (d)   Lights. Safety lights and associated wiring required by applicable U.S. Department of Transportation regulations.

      PERSON. Any agent, individual, firm, association, partnership or corporation of similar entity.

      PLACE. An open, unoccupied space, other than a street or alley, permanently reserved as the principal means of access to abutting property.

      PLANNED UNIT DEVELOPMENT (PUD). A planned unit development is a comprehensively planned development containing residential, commercial, industrial or other land uses on an area of land in individual, partnership, or corporate ownership, and under unified control. A planned unit development may contain a single type of land use or combination of land uses.

      PLANNED UNIT DEVELOPMENT (PUD) DISTRICT. A zone district that is co-extensive with a PUD Project Area, is based upon, and approved PUD master development plan.

      PLANS. All of the drawings including plats, cross sections, profiles, working details and specifications, which the developer prepares or has prepared to show the character, extent and details of improvements required in this zoning code and which plans shall conform to the requirements of the county as to scale and details.

      PLAT. The maps, drawings, charts, specifications, and other documents complying with all applicable provisions of the county subdivision regulations, which constitute the plan for subdivision.

      PLAT, FINAL. The final engineering and architectural detail maps, drawings, and supportive material on which the developer's plan of the project area is presented and, if approved, will be submitted to the County Recorder of Deeds for recording.

      PLAT, PRELIMINARY. Preliminary engineering and architectural maps, drawings, charts and supportive material indicating the proposed layout of the project area.

      PLOT. A parcel of land consisting of one or more lots or portions thereof which is described by reference to a recorded plat or metes and bounds.

      PROJECT AREA. That territory intended to be zoned as PUD District, developed as a planned unit development, and portrayed and defined accordingly in the master development.

      POWER SUPPLY ASSEMBLY. The conductors, including the grounding conductors, insulated from one another, the connectors, attachment plug caps and all other fittings, grommets or devices installed for the purpose of delivering energy from the service equipment to the distribution panel within the mobile home.

      PREHISTORIC STONE ARTIFACTS. Any objects pertaining to or belonging to the era before recorded history.

      PREMISES. A lot together with all the buildings and uses thereon.

      PRIMARY HIGHWAY. Any highway, other than an interstate highway, designated by the Illinois Department of Transportation and approved by the United States Department of Transportation as a part of the Federal Aid Primary System on July 1, 1972, or thereafter.

      PRINCIPAL USE. The main use of land or buildings as distinguished from a subordinate or accessory use.

      PRIVATE STREET. Any street providing access to abutting property that is not maintained by and dedicated to a local governmental unit.

      PROPERTY LINE. A recorded boundary of a plot or plat.

      PUBLIC OPEN SPACE. Any area indicated on the zoning map, as “P”, such as a public park, recreation area, public school site, cemetery, or other similar open space, shall not be used for any other purpose than that designated; and when the use of the area is discontinued, it shall automatically be zoned to the most restricted adjoining district.

      PUBLIC SYSTEM (WATER OR SYSTEM). A system, which is owned and operated by a local governmental authority or by an established public utility company. Such systems are usually existing systems serving a municipality, a township, an urban county, or a water or sewer district established and directly controlled under the laws of this state.

      RAILROAD FREIGHT CAR. A railway car designed for carrying freight, which may include boxcars, transporter wagons, gondolas, hoppers, or stock cars. RAILROAD FREIGHT CARS may be used as storage structures accessory to the primary use on the property within certain zoning districts, provided all terms of the building code are met. This structure or vehicle shall not be considered as residential structures or dwelling units. RAILROAD FREIGHT CARS differ from shipping containers or freight containers in that they are on wheels (see definition of TRAILER, LARGE TRANSPORT OR INTERMODAL SHIPPING CONTAINER).

      REACH.    A hydraulic engineering term to describe longitudinal segments of a stream or river. Reach will generally include the segment of the flood plain where flood heights are primarily controlled by manmade or natural flood plain obstructions or restrictions. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most likely be a reach.

      RECEPTION VENUE. A permanent facility which is rented by individuals or groups to accommodate private functions including, but not limited to, banquets, weddings, family reunions, anniversaries and other similar celebrations. Such a use may include the catering of food and alcoholic beverages for on-premises consumption only during scheduled events and not open to the general public.

      RECREATIONAL VEHICLES. Any travel trailer or other vehicular portable structure designed to be used as a temporary occupancy for travel or recreational use. This includes any motor home, truck slide-in camper, fifth wheel trailer, tent trailer, pop-up trailer, personal animal trailer, any type of three- or four-wheeled all-terrain vehicle (ATV), boat, boat trailer, raft, aircraft, dune buggie, snowmobile, personal water craft, all-terrain vehicle and vehicle dollie, and trailers used for transporting the vehicles listed herein. 

      REGIONAL FLOOD. A flood having an average frequency of occurrence of the order of once in 100 years, although the flood may occur in any year. It is based on statistical analysis of stream flow records available for the watershed or analysis of rainfall and runoff characteristics in the general area of the watershed as well as large floods which have occurred in the past. This is not necessarily the greatest flood that may occur, since unusual conditions, such as extraordinary precipitation or jams in bridge openings can cause flood elevations to be greater than the regional flood at unpredictable intervals.

      REGULATORY FLOOD. This flood is generally being recognized and accepted nationally by federal and non-federal interests as one with an average frequency, of occurrence on the order of once in 100 years. The regulatory flood is often used to define, for instance, the outer boundary lines of flood hazard district in a flood plain zoning code or a related regulation (see REGIONAL FLOOD ).

      REGULATORY FLOOD ELEVATION. The elevation in relation to mean sea level of the crest of regulatory flood.

      REPETITIVE LOSS. Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event on the average, equals or exceeds 25% of the market value of the structure before the damage occurred.

      RESIDENCE.    A stationary detached principal building designed for or used as a dwelling as distinguished from a manufactured (dwelling) home.

      RESTAURANT. An eating establishment, including, but not limited to, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term RESTAURANT shall include any bar attached to or within the RESTAURANT. Facilities that operate a convenience store and/or provide fueling for any vehicle are not considered a RESTAURANT. RESTAURANTS shall operate with a full commercial kitchen as defined in 17-2-9 "I" of the International Building Code (IBC).

      ROAD, COUNTY. A term denoting a tract of land, which is used primarily for the purpose of vehicular movement and includes all of the facilities and improvements within the right-of-way. This tract of land must have been presented to and accepted by the county.

      ROOF. The external upper covering of a building.

      ROOF LINE. A horizontal line parallel to the average ground level of the structure along the front of the building designating the highest point of a flat roof, or where the flat surface area of a gable, hip, mansard, or gambrel roof is in view from the ground level, that line of demarcation separating the roof and the vertically structured facade, or line along the front of the building delimiting the roof line between eaves and ridge for gable, hip and gambrel roots.

      ROOM. An un-subdivided portion of the interior of a dwelling unit, excluding bathrooms, kitchens, closets, hallways, and service porches and the like.

      SETBACK LINE. A line that is usually parallel to the front, side or rear lot line establishing the minimum space to be provided as the front, side or rear yard.

      SIGN. Any letters, figures, design, symbol trademark or illuminating device intended to attract attention to any place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever and painted, printed or constructed and displayed in any manner whatsoever out of doors for advertising, identification or announcement purposes.

      SIGN AREA. The total surface area of the entire sign, including all parts and appurtenances thereof (except principal supports).

      SIGN, BULLETIN BOARD. As used in this zoning code, a sign used for purposes of notification of the public of an event or other occurrence of public interest, such as church service, political rally, civic meeting or similar events.

      SIGN, CONSTRUCTION. As used in this zoning code, a sign advertising the development or improvement of a property by a builder, contractor, or other person furnishing services, materials, or labor to the premises, which sign is intended for a limited period of display, and erected on the same lot with the work being done.

      SIGN, FLASHING. Any sign utilizing the repeated or intermittent flashing of light.

      SIGN, FREESTANDING. Detached sign, which is supported by one or more uprights, poles or braces in or upon the ground.

      SIGN, IDENTITY. Any sign, which carries only the name of the firm, person, the major enterprise, or the principal product, offered for sale on the premises, or combination of these.

      SIGN, MARQUEE. A changeable copy sign freestanding.

      SIGN, MOBILE MARQUEE. A sign designed to be transported or transportable on a vehicle, trailer, or similar unit.

      SIGN, PROJECTING. A display sign which is attached directly to the wall of a building and which extends more than one foot from the face of the wall.

      SIGN, REAL ESTATE. A sign indicating the availability for sale, rent, or lease of the specific lot or building upon which the sign is erected or displayed.

      SIGN, ROOF. A sign erected upon or above a roof or parapet wall of building or structure.

      SIGN, SUBDIVISION. A sign advertising the general development, sale, or subdivision of land, and displayed or erected upon the subject property, as distinguished from a real estate sign.

      SIGN, MISCELLANEOUS. A sign, banner or other advertising device or display constructed of cloth, canvas, cardboard, wall board, or other light temporary material, with or without a structural frame, intended for a temporary period of display, such as decorative displays for holidays or public demonstration.

      SIGN, WALL. Any sign painted on, attached to, or erected against the wall of a building, or structure, with the exposed face of the sign in a plane parallel to the plane of the wall and extending not more than one foot from the face of the wall.

      SITE. A parcel of land consisting of one or more lots or portions thereof which is described by reference to a recorded plat or by metes and bounds.

      SITE PLAN. Maps, charts, drawings, architectural renderings, photographs and other visual media showing proposed development of physical facilities to be constructed within PUD project area or any development.

      SLOPE. The degree of natural inclination of existing ground.

      SLOPE, STEEP. Lands with a slope of 12% or greater and those lands with a 7% to 12% slope which are especially susceptible to soil erosion.

      SPECIAL FLOOD HAZARD AREA or SFHA. Those lands within the jurisdiction of the county that is subject to inundation by the base flood. The SFHA's of the county are generally identified as such on the Flood Insurance Rate Map of the county, prepared by the Federal Emergency Management Agency (FEMA), dated April 15, 1982.

      SPECIAL USE. This zoning code divides the entire county into zoning districts and in each district, there are mutually compatible uses which are permitted. It is recognized, however, that other uses may be necessary or desirable but their potential influence on permitted uses only are allowed under certain conditions.

      STABLE, PRIVATE. Any building which is located on a lot on which is designed, arranged, used, or intended to be used for housing horses for the private use of occupants of the dwelling.

      STABLE, LIVERY. Any building, other than a private stable, designed, arranged, used or intended to be used for the storage of horses and horse-drawn livery, or both.

      STAND, ROADSIDE. A structure for the display and sale of only farm products that are produced on the premises.

      STANDARD PROJECT FLOOD. An estimated or hypothetical flood that might be expected from the most severe combination of meteorological and hydrological conditions that are considered reasonable characteristic of the area in which the drainage basin is located, excluding extremely rare combinations. Such floods are intended as practicable expressions of the degree or protection that should be sought in the design of flood control works, the failure of which might be disastrous.

      STORAGE CAPACITY OF A FLOOD PLAIN. The volume of space above an area of flood plain land that can by occupied by floodwater of a given stage at a given time, regardless of whether the water is moving.

      STORAGE CONTAINER. See TRAILER, LARGE TRANSPORT OR INTERMODAl SHIPPING CONTAINER.

      STREET. A public or private way for the purpose of vehicular travel. The term includes all facilities which normally occur within the right-of-way; it shall also include such other designation for a street as; a highway, thoroughfare, parkway, thruway, road, pike, avenue, boulevard, lane, place, drive, court, or as otherwise designated, but excluding an alley or way for pedestrian use only.

      STREET, AREA SERVICE HIGHWAY. Area service highways interconnect collections and land access streets with the principal system and vice versa, bring all developed areas within a reasonable distance of principal streets, connect and provide secondary service to smaller communities, may provide access to abutting property, and have a medium volume design capacity and travel speeds.

      STREET, COLLECTOR. Collector streets interconnect the principal street system with land access streets; provide internal circulation within residential, commercial, and industrial areas; provide access to butting properties; and have a moderate volume design capacity and travel speeds.

      STREET, CUL-DE-SAC. A short, land access street, having only one end open for vehicular traffic and other permanently terminated by a turn-around for vehicles.

      STREET, DEAD END. Land access streets similar to cul-de-sacs except that they provide no turnaround circle at the closed end.

      STREET, LAND ACCESS. Land access streets provide access to abutting properties, have relatively short travel distance, and have a low volume design capacity and travel speeds.

      STREET, LOOPED. Land access streets having two open ends, each end generally connected with the same street, no other streets intersecting between its ends, and property fronts on both sides of the street.

      STREET, MARGINAL ACCESS or SERVICE ROAD. A land access street parallel and adjacent to area service highways providing access to abutting properties.

      STREET, STUB. A street that is temporarily terminated, but is planned for future continuation.

      STRUCTURE. Anything constructed or erected which requires permanent or temporary location on the ground or is attached to something having a permanent or temporary location on the ground but not including poles, lines, cables and other transmission.

      SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged, and is being restored, before the damage occurred. The term does not, however include either: Any project for improvement of a structure to comply with, existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or any alteration of a structure or site documented as deserving preservation by the State of Illinois Department of Conservation or listed on the National Register of Historic places.

      TELECOMMUNICATION FACILITY. Any structure or structures used for the receiving and/or dispersal of radio, television, microwave, cellular telephone, paging, enhanced specialized mobile radio, personal communications services and similar technologies.

      TOWER. An exceptionally tall building or superstructure that is use for either residential or business-related purposes. An exceptionally tall structure that is used to place equipment used in the transmission of images or sound.

      TRACT OF LAND, NON-URBAN. For the purposes of this zoning code, a NON-URBAN TRACT OF LAND is a tract of land comprised of at least five acres.

      TRACT OF LAND, NON-URBAN, RESIDENTIAL. For the purpose of this zoning code, a NON-URBAN RESIDENTIAL TRACT OF LAND is a tract of land of less than five acres in an agricultural district.

      TRAILER, LARGE TRANSPORT OR INTERMODAL SHIPPING CONTAINER. A large cargo vehicle designed to be hauled by a truck, tractor, ship or railcar. Also called a shipping container or freight container. LARGE TRANSPORT TRAILERS, or shipping containers, may be used as storage structures accessory to the primary use on the property within certain zoning districts, provided all terms of the building code are met. Railroad freight cars are not considered INTERMODAL SHIPPING CONTAINERS and may not be considered or utilized for residential structures or dwelling units.

      TRAILER, LARGE TRANSPORT. A large cargo vehicle designed to be hauled by a truck or tractor. In the case of this chapter, this is also a structure that can be used as a storage building in a designated area within the chapter, provided all terms of the building code are met. This structure or vehicle shall not be considered as residential structure.

      TRAILER, UTILITY. A small non-motorized vehicle which is generally pulled by a motorized vehicle and features an open-top or closed rear cargo area (bed) and is used for the hauling of light loads.

      TRAVEL TRAILER PARK. Any park, court, camp, or site of land designed, maintained or intended for the purpose of providing a temporary location or accommodations for any travel trailers or similar devices upon which any travel trailers or similar devices are parked or located, including all buildings used or intended for use as a part of the equipment or accessories thereof, whether or not the same or any part is held or operated for gain, excepting, however, automobile or travel trailer sales lots on which unoccupied units are parked for inspection and sale.

      TRUCK PARKING AREA OR YARD. Any land used or intended to be used for the storage or parking of trucks, trailers, tractors, and including commercial vehicles; while not loading or unloading, which exceed one and one-half tons in capacity.

      USE. The purpose for which land or a building thereon is designed, arranged, or intended, or for which it is occupied or maintained, let or leased.

      VEHICLE. A receptacle in which something is placed in order to be moved by some means of conveyance of wheels, runners, or similar methods.

      VEHICLE REPAIR, COMMERCIAL. Includes general vehicle service and repair in non-residential areas provided that zoning district regulations and standards in § 93.081 are met.

      VEHICLE REPAIR, HOBBY or PERSONAL. Limited to vehicles in which the property owner or occupant has an ownership, leasehold, or other interest in the vehicle under repair provided that zoning district regulations and standards in § 93.081 are met.

      VARIANCE. A permit granted by the Zoning Board of Appeals, varying specific area\bulk regulations, due to unusual circumstances.

      YARD. An open spaced not occupied or obstructed by any structure or portion of structure, except fences as regulated and other wise expressly provided for herein.

      YARD, FRONT. A yard extending across the full width of the lot between the front lot line and the nearest line or point of the principal building.

      YARD, REAR. A yard extending across the full width of the lot between the rear lot line and the nearest line or point of the principal building.

      YARD, SIDE. A yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the building.

      ZONING ADMINISTRATOR.   Wherever in this zoning code the term ZONING ADMINISTRATOR is used it shall mean the Zoning Administrator appointed by the County Board and such deputies or assistants as have been or shall be duly appointed. That officer is hereby authorized and it is his or her duty at the direction of the County Board Building and Zoning Committee to administer and enforce the zoning code, making such determinations, interpretations and orders as are necessary therefore, and requiring such plats, plans and other descriptive material in connection with application for permits a are necessary for him or her to judge compliance with the zoning code.

      ZONING BOARD OF APPEALS. An appellate, interpretive, and advisory body designated to assist in the administration of this zoning code.

      ZONING CERTIFICATE. A document issued by the Zoning Administrator authorizing building, structure, or uses consistent with the terms of this zoning code.

      ZONING MAP.    The zoning map or maps of Madison County, together with all amendments subsequently adopted.

(Ord. 2014-18, passed 4-16-2014; Ord. 2014-14, passed 11-19-2014; Ord. 2014-15, passed 11-19-2014; Ord. 2015-06, passed 8-17-2015; Ord. 2016-02, passed 2-16-2016; Ord. 2017-02, passed 6-1-2017; Ord. 2020-02, passed 1-16-2020; Ord. 2024-01, passed 3-5-2024)