In the construction of this title, the rules and definitions contained in this chapter shall be observed and applied, except when repugnant to the context of any provision.
Words used in the present tense shall include the future; words used in the singular number shall include the plural number, and the plural the singular; the word "building" shall include the word "structure" and the word "lot" shall include the word "plot", and the word "shall" is mandatory and not directory.
ACCESSORY BUILDING OR USE: A subordinate building or use which is located on the same lot on which the principal building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use, when permitted by district regulations.
An "accessory use" includes, but is not limited to, the following:
(A) A children's playhouse, garden house and private greenhouse.
(B) A garage, shed or building for domestic storage.
(C) Any fixed or permanent structure used as an incinerator incidental to residential use.
(D) 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.
(E) 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.
(F) Off street motor vehicle parking areas, and loading and unloading facilities.
(G) Signs as permitted and regulated in each district incorporated in this title.
(H) Public utility communication, electric, gas, water and sewer lines, their supports and incidental equipment.
(I) Where a substantial part of the wall of an accessory building is a part of the wall of the main building or where an accessory building is attached to the main building in a substantial manner as by a roof, such accessory building shall be counted as part of the main building.
ACREAGE: Any tract or parcel of land which has not been subdivided and platted.
ALLEY: A public way, not more than twenty feet (20') wide, which affords only a secondary means of access to abutting property.
APARTMENT: A room or suite of rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen and plumbing facilities, permanently installed, must always be included for each apartment.
AUTOMOBILE REPAIR, MAJOR: Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; and overall painting of vehicles.
AUTOMOBILE REPAIR, MINOR: Incidental repairs, replacement of parts, and motor service to automobiles, but not including any operation specified under the definition of Automobile Repair, Major.
AUTOMOBILE SERVICE STATION: A place where gasoline, stored only in underground tanks, kerosene, lubricating oil or grease, for operation of automobiles, are offered for sale directly to the public on the premises, and including minor accessories and services for automobiles, but not including major automobile repairs; and including washing of automobiles where no chain conveyor, blower or steam cleaning device is employed. When the dispensing, sale or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage.
AUTOMOBILE WRECKING YARD: Any place where two (2) 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 condition; and including the commercial salvaging of any other goods, articles or merchandise.
BASEMENT: A story partly or wholly underground. Where more than one-half (1/2) of its height is above the established curb level or above the average level of the adjoining ground where curb level has not been established, a basement shall not be counted as a story for purposes of height measurement.
BLOCK: A tract of land bounded by streets or, in lieu of a street or streets, by public parks, cemeteries, railroad rights of way, bulkhead lines or shorelines of waterways or a corporate boundary line of the city.
BUILDING: Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or openings; and which is designed or intended for the shelter, enclosure, or protection of persons, animals or chattels. Any structure with interior areas not normally accessible for human use, such as gasholders, oil tanks, water tanks, grain elevators, coal bunkers, oil cracking towers, and other similar structures are not considered buildings.
BUILDING HEIGHT: 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 roof in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and sides of a gable, hip or gambrel roof; provided, that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.
BUILDING, NONCONFORMING: A legally existing building which fails to comply with the regulations set forth in the chapter applicable to the district in which such building is located.
BUILDING, PRINCIPAL: A building in which is conducted the main use of the zoning lot on which it is situated.
BUILDING SETBACK LINE: A line parallel to the street line at a distance from it, regulated by the front yard requirements set up in this title.
BULK: The term used to describe the size and mutual relationships of buildings and other structures as to size, height, coverage, shape, location of exterior walls in relation to lot lines, to the centerline of streets, to other walls of the same building, and to other buildings or structures; and to all open spaces relating to the building or structure.
BUS LOT: Any lot or land area used for the storage or layover of passenger buses or motor coaches.
CARTAGE, LOCAL: Pick up and delivery of parcels, packages and freight by motor truck within and not exceeding fifteen (15) miles of the city.
CELLAR: A story having more than one-half (1/2) of its height below the curb level or below the highest level of the adjoining ground. A cellar shall not be counted as a story for the purpose of height measurements.
CERTIFICATE OF OCCUPANCY: A certificate issued by the building inspector stating that the occupancy and use of land or a building or structure referred to therein complies with the provisions of this title.
CLINIC OR MEDICAL HEALTH CENTER: An establishment where patients are admitted for special study and treatment by two (2) or more licensed physicians and their professional associates, practicing medicine together.
CLUB: An association of persons for some common purpose which is jointly supported and meets periodically, but not including groups organized primarily to render service which is customarily carried on as a business.
CONDOMINIUM: A single dwelling unit in a multi-unit dwelling or structure, which is separately owned and which may be combined within an undivided interest in the common areas and facilities of the property.
CURB LEVEL: The level of the established curb in front of the building measured at the center of such front. Where a building faces on more than one street, the "curb level" shall be the average of the levels of the curbs at the center of the front of each street. Where no curb elevation has been established, the mean level of the land immediately adjacent to the building wall shall be considered the "curb level".
DISTRICT OR ZONE: A section of the territorial jurisdictional area of the Momence city plan commission for which uniform regulations governing the use, height, area, size, and intensity of use of buildings and land, and open spaces about buildings, are established by this title.
DWELLING: A building or portion thereof, but not including a house trailer or mobile home, designed or used exclusively for residential occupancy, including one-family dwelling units, two- family dwelling units, and multiple-family dwelling units, but not including hotels, boarding or lodging houses.
DWELLING, ONE-FAMILY: A building designed exclusively for use and occupancy by one family and entirely separated from any other dwelling by space.
DWELLING, TWO-FAMILY: A building designed or altered to provide dwelling units for occupancy by two (2) families.
DWELLING UNIT: One or more rooms in a residential structure or apartment hotel designed for occupancy by one family for living and sleeping purposes.
EDUCATIONAL INSTITUTION: Public, parochial, charitable or nonprofit junior college, college or university, other than trade or business schools, including instructional recreational uses, with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities, for students, teachers and employees.
FAMILY: One or more persons related by blood, marriage or adoption, living together and maintaining a common household, but not including sororities, fraternities or other similar organizations.
GARAGE, BUS: Any building used or intended to be used for the storage of three (3) or more passenger motorbuses, or motor coaches used in public transportation, including school buses.
GARAGE, PRIVATE: A detached accessory building or portion of the principal building, designed, arranged, used or intended to be used for the storage of passenger automobiles of the occupants of the premises.
GARAGE, PUBLIC: A building other than a private garage used for the care, incidental servicing and sale of automobile supplies, or where motor vehicles are parked or stored for remuneration, hire or sale within the structure, but not including trucks, tractors, truck trailers and commercial vehicles exceeding one and one-half (11/2) tons' capacity.
GARAGE, 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 (11/2) tons' capacity.
GUESTHOUSE: Living quarters within a detached accessory building located on the same premises with the principal building, for use by temporary guests of the occupants of the premises. Such quarters shall have no kitchen facilities nor be rented or otherwise used as a separate dwelling.
HOME OCCUPATION: Any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof; and provided, that no article is sold or offered for sale except such as may be produced on the premises by members of the immediate family. Offices, clinics, doctor's offices, hospitals, barbershops, beauty parlors, dress shops, millinery shops, real estate offices, tearooms, restaurants, tourist homes, animal hospitals, kennels, among others, shall not be deemed to be home occupations. No home occupation, as defined herein, shall be carried on in an accessory building.
HOSPITAL OR SANITARIUM: An institution open to the public in which patients or injured persons are given medical or surgical care; or for the care of contagious diseases or incurable patients.
HOTEL OR MOTEL: A building in which more than five (5) rooms or suites are reserved to provide living and sleeping accommodations for temporary guests, and in which no provisions are made for cooking in any individual room or suite.
HOUSEHOLDER: The occupant of a dwelling unit who is either the owner or lessee thereof.
KENNEL, COMMERCIAL: Any lot or premises on which two (2) or more domestic animals are kept, boarded for compensation, or kept for veterinary medical treatment.
LINE OF A BUILDING (For Measuring Yards): A line parallel to the nearest lot line drawn through the point of a building or group of buildings nearest to such lot line, exclusive of such features specified as being permitted to extend into a yard.
LOADING AND UNLOADING SPACE, OFF STREET: An open, hard surfaced area of land other than a street or a public way, the principal use of which is for the standing, loading and unloading of motor trucks, tractors and trailers, to avoid undue interference with the public use of streets and alleys. Such space shall be not less than ten feet (10') in width, forty five feet (45') in length and fourteen feet (14') in height, exclusive of access aisles and maneuvering space.
LODGING HOUSE OR ROOMING HOUSE: A building other than a hotel, where lodging for three (3) or more persons is provided for compensation pursuant to previous arrangement.
LOT: A parcel of land occupied or intended for occupancy by a use permitted in this title, including one main building together with its accessory buildings, open spaces required by this title and having its principal frontage upon a street.
LOT, CORNER: A parcel of land situated at the intersection of two (2) or more streets or adjoining a curved street at the end of a block.
LOT COVERAGE: The area of a zoning lot occupied by the principal building or buildings and accessory buildings.
LOT DEPTH: The horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.
LOT, FRONTAGE: The front of a lot shall be that boundary of a lot along a public street; for a corner lot, the owner may elect either street line as the front lot line.
LOT, INTERIOR: A lot other than a corner or reversed corner lot.
LOT LINE, FRONT: The front property line of a zoning lot.
LOT LINE, INTERIOR: A side lot line common with another lot.
LOT LINE, REAR: The lot line or lot lines most nearly parallel to and most remote from the front lot line. Lot lines other than front or rear lot lines are side lot lines.
LOT, REVERSED CORNER: A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.
LOT, THROUGH: A lot having frontage on two (2) parallel or approximately parallel streets, and which is not a corner lot.
LOT WIDTH: The horizontal distance between the side lot lines measured at right angles to the lot depth at the established front building line.
MODULAR HOMES: A singlewide or doublewide modular home is a structure designed for habitation as a dwelling unit for one or more persons. This type of housing unit is prefabricated, is similar to a mobile home and includes all necessary electrical, plumbing, heating, air conditioning and other service systems and/or connections, is built off site and is brought to the site on a chassis.
MOTOR FREIGHT TERMINAL, PRIVATE: A building in which freight brought to said building by motor truck is assembled and sorted for routing in intrastate and interstate shipment by motor truck.
NONCONFORMING USE: Any building or land lawfully occupied by a use at the effective date hereof or at the effective date of any amendment hereto, which does not conform after the effective date hereof or the effective dates of amendments hereto, with the use regulations of the district in which it is situated.
NURSERY, DAY: An institution providing care for three (3) or more children under the age of four (4) years for periods of more than four (4) hours but not exceeding twenty four (24) hours.
NURSERY SCHOOL: An institution providing daycare service for children from four (4) to six (6) years of age.
NURSING HOME OR REST HOME: A private home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for the treatment of sickness or injuries for surgical care.
PARCEL DELIVERY STATION: A building in which commodities sold at retail within the area and packaged by the retailer, are assembled and routed for delivery to retail customers located within the area.
PARKING AREA, PRIVATE: An open, hard surfaced area of land, other than a street or public way, designed, arranged and made available for the storage of private passenger automobiles only, of occupants of the building or buildings for which the parking area is developed and is accessory.
PARKING AREA, PUBLIC: An open, hard surfaced area, other than a street or public way, intended to be used for the storage of passenger automobiles and commercial vehicles under one and one- half (11/2) tons' capacity, and available to the public, whether for compensation, free or as an accommodation to clients or customers.
PARKING SPACE, AUTOMOBILE: Space within a public or private parking area of not less than one hundred sixty two (162) square feet (81/2' x 19') exclusive of access drives or aisles, ramps, columns or office and work areas for the storage of one passenger automobile or commercial vehicle under one and one-half (11/2) tons' capacity.
PUBLIC UTILITY: Any person, firm, corporation or municipal department, duly authorized to furnish under public regulation, to the public: electricity, gas, steam, telephone, telegraph, transportation or water.
RAILROAD RIGHT OF WAY: A strip of land with tracks and auxiliary facilities for track operation, but not including depots, loading platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops, or water towers.
SIGN: A name, identification, description, display or illustration which is affixed to, or painted, or represented directly or indirectly, upon a building, structure or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business but does not include any official traffic control device, nor does it include the flag, emblem or insignia of a nation, state, county, municipality, school or religious group. Each display surface of a sign shall be considered to be a "sign".
SPECIAL USE: Any use of land or buildings, or both, described and permitted herein, subject to the provisions of chapter 8 of this title.
STORY: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding fourteen feet (14') in height shall be considered as an additional story for each fourteen feet (14') or fraction thereof.
STORY, HALF: That portion of a building under a gable, hip or mansard roof, the wall plates of which, on at least two (2) opposite exterior walls, are not more than four and one-half feet (41/2') above the finished floor of such story. In the case of one-family dwellings, two-family dwellings and multiple-family dwellings less than three (3) stories in height, a half story in a sloping roof shall not be counted as a story for the purpose of this title. In the case of multiple-family dwellings three (3) or more stories in height, a half story shall be counted as a story.
STREET: A public thoroughfare dedicated for use as a street or highway and having a minimum width of thirty feet (30').
STREET LINE: A line separating an abutting lot, piece or parcel from a street.
STRUCTURE: Anything constructed or erected which requires location on the ground or is attached to something having location on the ground.
TAVERN: A building where liquors are sold to be consumed on the premises.
TERRACE, OPEN: A level and rather narrow plane or platform which for the purpose of this title, is located adjacent to one or more faces of the principal structure and which is constructed not more than four feet (4') in height above the average level of the adjoining ground.
TITLE: Reference to "title" herein shall be construed as the zoning ordinance.
TOURIST COURTS, MOTOR LODGES, MOTELS: A group of attached or detached buildings containing individual sleeping or living units, designed for or used temporarily by automobile tourists or transients, with garage attached or parking space conveniently located to each unit, including auto courts, motels, motor lodges or other similar type uses.
TOURIST HOME: A dwelling in which accommodations are provided or offered for transient guests.
TRAILER HOUSE OR MOBILE HOME: A vehicle without motive power, designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons and property, including a trailer coach, house trailer or mobile home.
TRUCK PARKING AREA OR YARD: Any land used or intended to be used for the storage or parking of trucks, tractors, truck trailers and including commercial vehicles, while not loading or unloading and which exceed one and one-half (11/2) tons' 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.
USED CAR LOT: A zoning lot on which used cars, trailers or trucks are displayed for sale or trade.
YARD: An open space on the same lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this title, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the lot is located.
YARD, FRONT: A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of a building.
YARD, REAR: A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building.
YARD, SIDE: That part of the yard lying between the nearest line of the principal building and a side lot line and extending from the required front yard (or from the front lot line, if there is no required front yard) to the required rear yard.
ZONING LOT: A plot of ground made up of one or more parcels which is or may be occupied by a use, building or buildings including the open spaces required by this title.
ZONING MAPS: The map or maps incorporated into this title as a part hereof. (Ord. 646, 5-5-2008)
Notes
| 1 | 1. See title 2, chapter 5 of this code. |
| 2 | 1. See title 2, chapter 4 of this code. |