For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT. An action to give up one’s rights or interests in property.
ABUTS, ABUTTING. To have a common property line or district line.
ACCESSORY BUILDING/STRUCTURE AND/OR USE. An “accessory building” is one which:
(1) Is subordinate to the ground floor area of and serves a principal building or principal use*;
(2) Is subordinate in extent or purpose to the principal building or principal use served:
(3) Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served;
(4) Some examples of ACCESSORY BUILDING/STRUCTURES AND/OR USE for residential districts are divisions (a) through (i) below; and for non-residential districts, divisions (f) through (k):
(a) A children’s playhouse, garden house and private greenhouse;
(b) A garage, shed or building for domestic storage;
(c) A non-paying guest house or rooms for guests within an “accessory building” provided such facilities are used for the occasional housing of guests of the occupant of the principal building and not for permanent occupancy by others as housekeeping units;
(d) Servant’s quarters comprising part of an accessory garage and solely for occupancy by a servant or household employee (and his or her family) of the occupant of the principal dwelling;
(e) Carports, above-ground decks, exterior stairways, and fences;
(f) Off-street motor car parking areas, and loading and unloading facilities;
(g) Portable sheds/buildings not to exceed 200 square feet in size;
(h) Public utilities: telephone, electric, gas, water and sewer lines, their supports and incidental equipment;
(i) Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless such storage is excluded by the district regulations;
(j) Storage of goods used in or produced by manufacturing activities on the same lot or parcel of ground with such activities, unless such storage is excluded by the district regulations;
(k) Signs as permitted and regulated in each district incorporated in this chapter.
* 125% of the ground floor area may be calculated on structures with two or more habitable levels above grade.
ALLEY. A public thoroughfare, not over 20 feet in width, which affords only secondary means of access to abutting property.
APARTMENT. See DWELLING-MULTIPLE.
BASEMENT. A story, wholly or partly underground.
BED AND BREAKFAST (B AND B)/TOURIST HOME. See TOURIST HOME/BED AND BREAKFAST (B AND B).
BLOCK. Property having frontage on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, waterway, or other barrier.
BLOCK, RESIDENTIAL. A block in which business or industrial uses are not permitted.
BOARD OF APPEALS, ZONING. See ZONING BOARD OF APPEALS. The City of Mattoon Zoning Board of Appeals is established by this ordinance, and referred to herein as the Zoning Board of Appeals.
BOARDING HOUSE. A building not open to transients, where lodging and/or meals are provided for three or more, but not over 30 persons regularly; a lodging house.
BUILDING. A structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons, animals, chattels or property. When separated by party walls, as defined by the currently adopted city building code, without opening through such walls, each portion of such a building shall be considered a separate structure.
BUILDING AREA. The maximum horizontal projected area of the principal and accessory building, excluding open steps or terraces; unenclosed porches not exceeding one story in height, or architectural appurtenances projecting not more than two feet.
BUILDING, DETACHED. A building having no structural connection with another building on the same lot.
BUILDING, FRONTLINE OF. The line of the face of the building nearest the front lot line.
BUILDING, HEIGHT OF. The vertical distance measured from the sidewalk level, or its equivalent established grade, opposite the middle of the front of the building to the highest point of the building for flat roofs; to the deck line for mansard roofs; and to the mean height level (between eaves the ridges) for gable and hip roofs. Where a building is located on a terrace, the height may be measured from the average ground level of the terrace at the front of the building. The height of accessory buildings shall be measured from the floor level, which shall not be raised more than six inches above the normal grade of the lot.
BUILDING INSPECTOR/BUILDING OFFICIAL. The officer charged with the administration and enforcement of this chapter.
BUILDING LINE. The line nearest the front of and across a lot establishing the minimum open space to be provided between the front line of a building or structure and the street right-of-way line.
BUILDING PRINCIPAL. A building in which is conducted the main or principal use of the lot on which the
building is situated. Where a substantial part of an accessory building is attached to the main building in a substantial manner, as by a roof, such accessory building shall be counted as a part of the principal building.
BUSINESS. The word “business” or the word “commercial” means the engaging in the purchase, sale, barter, or exchange of goods, wares, merchandise or services; and the maintenance or operation of offices, recreational or amusement enterprises for profit. This definition shall include rummage sale, as defined herein.
CEMETERY. Land used for the burial of the dead and dedicated for cemetery purposes, including columbaria, crematories, mausoleums and mortuaries, when operated in conjunction with and within the boundary of such cemetery.
CERTIFICATES OF OCCUPANCY AND USE. Certificates required on all buildings stating that the occupancy and use of land or a building or structure referred to therein complies with the provisions of this chapter.
CLINIC OR MEDICAL-HEALTH CENTER. An establishment where patients are admitted for special study and treatment by two or more licensed physicians and their professional associates, practicing medicine together.
CODE OFFICIAL. Official in charge of the Building Inspection Department.
COMMERCIAL. Same as BUSINESS.
COMMISSION. The City Planning Commission.
COTERMINOUS. Having the same or coincident boundaries; not across a street or alley.
COUNCIL. City Council is composed of the Mayor and four Commissioners.
DAY CARE CENTER. A child care facility, whether located in a family home or otherwise, which regularly provides day care for less than 24 hours per day for more than eight children with more than eight children being present at any one time.
DAYCARE HOME. See DAY CARE CENTER.
DISTRICT. A section of the city for which uniform regulations governing the height, area, size and use of buildings and premises within the section are established. (Also see ZONING DISTRICTS.)
DWELLING. A building or portion thereof, used primarily as a place of abode for one or more persons, but not including hotels, lodging or boarding houses or tourist homes.
DWELLING, MULTIPLE. A building, or portion thereof, used or designed as a residence for three or more families living independently of each other, and doing their own cooking in the building, including apartment hotels and group houses.
DWELLING, SINGLE FAMILY. A detached building designed for or occupied by one family exclusively.
DWELLING, TWO FAMILY. A detached building designed for or occupied by two families living independently of each other.
DWELLING UNIT. A dwelling or a portion of a dwelling, or of an apartment hotel used by one family for cooking, living or sleeping purposes.
FAMILY. One or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a hotel, lodging house or club.
FRONTAGE. All the property fronting on one side of a street between the nearest intersecting streets or between a street and a right-of-way, waterway, or other similar barrier.
GARAGE, PRIVATE. An accessory building designed to house motor vehicles of the occupants of the principal building. A garage designed to house two motor vehicles of each family housed in an apartment shall be classed as a PRIVATE GARAGE.
GARAGE, PUBLIC. Any building or premises except a private garage used for storage or care of motor vehicles or where such vehicles are equipped for operation, repair, or kept for remuneration, hire or sale.
GROUND FLOOR AREA. The square foot area of a residential building within its largest outside dimensions computed on a horizontal place at the ground floor level, exclusive of open porches, breezeways, terraces, garages, exterior and interior stairways.
GROUP HOUSE/TOWNHOUSE. A group of dwellings constructed in a row, with the dwelling units separated by vertical party walls without openings.
HALF-STORY. That portion of a building under a sloping, gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than three feet above the floor level of such story.
HOME OCCUPATION. Any occupation carried on by a member of the family residing on the premises, in connection with non-electric signage not more than four square feet in area, that will indicate from the exterior that the building is being used in part for any other purpose than that of a dwelling; there is kept no stock in trade, no commodity is sold on the premises; no person is employed other than a member of the family residing on the premises; and no mechanical equipment is used except such as is permissible for domestic, household, or office purposes. Off street parking is available for all vehicles relating to the resident and occupation uses. A permit may be issued if the above requirements are met and approved by the Building/Code and City Council.
HOTEL/MOTEL. A building or group of buildings in which lodging is provided and offered to the public for compensation and which is open to transient guests, in contradistinction to a boarding house or tourist home bed and breakfast.
INDUSTRIAL PARK. A tract of land containing not less than the area specified for this purpose in this chapter, which is designed to accommodate two or more industrial uses in accordance with a plan of development which presents a unified and organized arrangement of building areas, service facilities and related improvements, such as open spaced and planting areas, all of which have a functional relationship to the proposed use and will be in harmony with the use of land immediately adjacent to the tract.
INDUSTRIAL USE. See MANUFACTURING.
KENNEL. Any lot or premises on which four or more dogs, or small animals, at least four months of age, are kept.
LOADING AND UNLOADING BERTHS. The off- street area required for the receipt car distribution by vehicles of material or merchandise which in this chapter is held to be a 12-foot by 65-foot loading space with a 14-foot height clearance.
LOT. A parcel of land occupied or to be occupied by one building and any accessory buildings or uses authorized
in connection therewith, including such open spaces as are required by this chapter, and such open spaces as are arranged or designed to be used in connection with such building. It may be a single parcel separately described in a deed or plat which is filed in the office of the County Recorder, or it may include parts of or a combination of such parcels when adjacent to one another and used as one. In determining the lot area and boundary lines no part thereof within the limits of a street shall be included.
LOT AREA. The area of a horizontal plane bounded by the front side and rear lines of a lot.
LOT, CORNER. A lot situated at the intersection of two streets. Front yard setbacks shall apply to both fronts.
LOT COVERAGE. The percentage of the lot area covered by the building area.
LOT DEPTH. The average horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.
LOT DOUBLE FRONTAGE. A lot having a pair of opposite lot lines along two more or less parallel streets, and which is not a corner lot. Both street lines shall be deemed front lot lines.
LOT, GROUND LEVEL. The elevation above sea level obtained by averaging the highest and lowest points on the lot or building area.
LOT, INTERIOR. A lot other than a corner lot or a through lot.
LOT LINE, FRONT. A line separating the lot from a street.
LOT LINE, REAR. A lot line which is opposite and most distant from the front lot line, and, in the case of an irregular or triangular-shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.
LOT LINE, SIDE. Any lot boundary line not a front line or a rear line.
LOT OF RECORD. An area of land designated as a lot on a plat of subdivision recorded or registered, pursuant to a statute.
LOT, THROUGH. A lot having frontage on two streets at opposite ends of the lot.
LOT WIDTH. The dimension of a lot, measured between side lot lines on the building line.
MANUFACTURE. The making of anything by any agency or process.
MANUFACTURED HOUSING. A structure, 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 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.
MANUFACTURING ESTABLISHMENT. An establishment, the principal use of which is manufacturing, fabricating, processing, assembly, repairing, storing, cleaning, servicing, or testing of materials, goods, or products.
MOBILE HOME. A mobile unit designed and constructed for dwelling purposes which contains cooking, sanitary and electrical facilities and has a gross floor area of 220 square feet or more.
MOBILE HOME PARK. A lot, parcel or tract of land developed with facilities for accommodating two or more mobile homes, only by non-transient dwellers remaining continuously for more than one month, whether or not a charge is made. It shall not include a sales lot in which unoccupied mobile homes or other trailers are parked for the purpose of inspection or sale, except mobile homes located in a mobile home park offered for sale by the owner or his or her representative.
NONCONFORMING USE. A building or premises that does not conform in its use or otherwise with all of the regulations applicable to the district in which such building or premises is located.
NURSERY SCHOOL. See DAY CARE CENTER.
PARKING SPACE (OFF-STREET. ONE). A space other than a street driveway entrance, or alley designed for use or used for the temporary parking of a motor vehicle, and being not less that nine feet wide and 20 feet long exclusive of passageways. Parking areas shall be paved with a hard surface.
PERMIT.
(1) BUILDING. A permit issued before construction or remodeling.
(2) CUT. A permit issued prior to and allowing for the cutting of any alley, boulevard, curb, or street.
(3) DEMOLITION. A permit issued prior to demolition of a structure.
(4) ELECTRICAL. A permit issued prior to the installation, replacement, and/or extension of any structure’s electrical system or part thereof.
(5) HEATING AND AIR CONDITIONING. A permit issued prior to the installation, replacement, and/or extension of any structure’s heating and/or air conditioning system.
(6) MOVING. A permit issued prior to the moving of any structure.
(7) OCCUPANCY AND USE CERTIFICATE. A permit issued to the person, agency, or company which wishes to move into an already existing structure after the structure has been checked to insure conformance with all local and state regulations.
(8) PLUMBING. A permit issued prior to any plumbing work done in a structure.
(9) SEWER. A permit issued prior to tapping into the city sewer line.
(10) SIGN. A permit issued to allow any outdoor permanent sign.
(11) SITE WORK. A permit issued to allow site improvements in commercial and industrial districts.
(12) WATER. A water connection permit issued after the Water Board is satisfied that all city and state ordinances and statutes have been met.
PERSON. A corporation, firm, partnership, association, organization, or any group acting as a unit, as well as a natural person.
PLACE. An open unoccupied space other than a street or alley, permanently reserved for use as the principal means of access to abutting property.
PRESCHOOL. See DAY CARE CENTER.
PRIVATE SCHOOL. Private preprimary, primary, grade, high, or preparatory school or academy.
PROFESSIONAL OFFICE. Shall include the offices of doctors or practitioners, ministers, architects, engineers, landscape architects, lawyers, artists, musicians, and other professional occupations.
RUMMAGE SALE. The activity of purchasing, selling, bartering, or exchanging of used goods, wares or merchandise in RS, RI, R2, or R3 districts and which activity is:
(1) Conducted at any address for not more than four continuous days; and
(2) Not resumed or repeated until after such initial period without at least 60 days of the absence of any such activity.
SALVAGE YARD INCLUDING AUTOMOBILE WRECKING. A lot or a part thereof used for the storage, keeping, dismantling, abandonment or sale of junk, scrap metal, scrap vehicles or scrap machinery or parts thereof.
SERVICE STATION. Any building, structure, premises, enclosure or other place used for the dispensing, sale or offering for sale at retail of automobile fuels or oils. When the dispensing, sale or offering for sale is incidental to the conduct of a public garage, the premises shall be classified as a public garage.
SIGN. Any board, device or structure or part thereof used for advertising, display or publicity purposes. Signs placed or erected by governmental agencies for the purposes of showing street names or traffic directions or regulations for other governmental purposes shall not be included herein.
SPECIAL USE. A use permitted in a district pursuant to, and in compliance with, procedures specified within this chapter. A special use permit is non-transferable.
STORY. That portion of a building, included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then the space between such floor and the ceiling next above it is the story.
STREET. A public way established or dedicated by duly recorded plat, deed, grant, governmental authority or by operation of law.
STREET LINE. The street line is the dividing line between the street right-of-way and the lot, otherwise designated as the property line.
STRUCTURE. Anything constructed or erected, the use of which requires more or less permanent location on the ground, or which is attached to something permanently located on the ground.
STRUCTURAL ALTERATION. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders.
TERRACE. A natural or artificial earthen embankment between a building and its street front. The height of a terrace shall be the difference in elevation between the average sidewalk level, or its equivalent established grade opposite the middle of the front of the building, and the average elevation of the terrace at the front building wall.
TOURIST HOME/BED AND BREAKFAST (B AND B). A residence in which lodging for not more than five transient guests is provided, which has not required structural alterations, and in which the residential use has not been discontinued.
TOWNHOUSE/GROUP HOUSE. A group of dwellings constructed in a row, with the dwelling units separated by vertical party walls without openings and under one ownership.
TRADE OR BUSINESS SCHOOL. Secretarial or business school or college when not publicly owned or not owned or conducted by or under the sponsorship of a religious, charitable or non-profit organization; or a school conducted as a commercial enterprise for teaching instrumental music, dancing, barbering or hair dressing, drafting or for teaching industrial or technical arts.
UNIT DEVELOPMENT PLAN. A planned area for a self-contained residential or shopping center development, the design and layout of which is subject to the requirement standards of this chapter. (See Planned Unit Development Code, Ordinance No. 88-4581).
USE. The employment or occupation of a building, structure, parking area, or premises for a person’s service, benefit or enjoyment.
USE, OPEN. The use of a lot without a building or including a building incidental to the open use with a ground
floor area equal to 5% or less of the area of the lot (i.e., outdoor, automobile sales).
VARIANCE. A modification of the specific requirements of this chapter granted by the Council in accordance with the terms of this chapter for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of the privileges commonly enjoyed by other properties in the same vicinity and district. The modification may allow a change in standards or use. The petitioner shall also comply with all provisions of this chapter and any variance recommended pursuant to this chapter is not intended to excuse compliance with this chapter.
VEHICLE PARKING LOT. A paved open area, other than a street or alley, designed for use or used for the temporary parking of more than four motor vehicles when available for public use, whether free or for compensation, or as an accommodation for clients or customers.
YARD. A space on the same lot with a main building, open, unoccupied and unobstructed by structures, except as otherwise provided in this chapter.
YARD, FRONT. An open, unoccupied space between the front line of the building and front street line. The front line of the building shall be the line of the main wall nearest to and facing on the street, including sun parlors and enclosed porches and excluding only steps below the first floor level and entranceways, open unroofed porches and terraces, and fences and walls not more than four feet in height.
YARD, REAR. A yard extending across the full width of the lot between the rear of the main building and the rear lot line unoccupied other than by accessory buildings, the depth of which is the least distance between the rear lot line and the rear of such main building.
YARD, SIDE. An open, unoccupied space on the same lot with a building between the side line of the building and the side line of the lot and extending from the front to the rear of the principal building.
YARD SIDE ADJOINING A STREET. A yard which is bounded by the front lot line, side yard adjoining a street line and rear lot line.
ZONING BOARD OF APPEALS. The City of Mattoon Zoning Board of Appeals established by this chapter, and referred to herein as the Zoning Board of Appeals.
ZONING DISTRICTS. The districts into which the incorporated and unincorporated area of Mattoon has been divided for zoning regulations and requirements as set forth on the zoning district map or maps.
ZONING MAP. The map or maps incorporated into this chapter as part thereof, designating zoning districts.
ZONING OFFICIAL. Official in charge of enforcing zoning regulations.
(Ord. 2015-5377, passed 5-5-2015)