For the purpose of this ordinance, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural, and the plural, the singular; the word SHALL is mandatory and the word MAY is permissive; and the word PERSON includes firm, association, trust, organization, partnership, company or corporation as well as an individual. The word LOT includes the words plot or parcel.
ACCESSORY BUILDING. A subordinate building or portion of the main building, the use of which is incidental to that of the main building or to the principal use of the premises, including garages, fallout shelters.
ACCESSORY USE. A use which is incidental to the principal or main use of the premises.
ACHROMATIC COLOR. Colorless, zero in saturation, or lacking in hue; for purposes of this Article, the definition of ACHROMATIC shall include, without limitation white, black, grays, tans, and light earth tones, but any bold, vivid, neon, florescent, or extreme coloration that attracts attention shall be excluded from the definition of ACHROMATIC.
ACRE(S) GROSS. The Total Acreage of a subdivision, a contiguous zoning district, or a planned development. Computations shall include all public right of way except boundary streets of which only one half of the right of way shall be used in any computation.
ACRE(S) NET. The Gross Acreage less all public right of way and publicly owned land utilized for community facilities.
ADULT DAYCARE. Any individual, person or entity which for compensation provides care for 3 or more adult persons not related to the caregiver. The care provided shall be temporary care each day and shall not include any extended care nor any residential living arrangements. An ADULT DAYCARE CENTER shall not be situated at the family home or residence of any care giver or other person.
AGRICULTURE. Land, including necessary buildings and structures, the principal uses of which are growing of soil crops or the raising or keeping of livestock.
ALLEY. Any public right-of-way twenty feet or under in width providing a secondary means of access to abutting properties.
ALTERATION. Applied to a building or structure to mean a change or rearrangement in the structural parts or in the exit facilities.
AUTOMOBILE, ABANDONED. All motor vehicles or other vehicles in a state of disrepair rendering the vehicle incapable of being driven in its condition; or any motor vehicle or other vehicle that has not been moved or used for seven (7) consecutive days or more and is apparently deserted. Notwithstanding the foregoing definition, a vehicle or portion thereof stored within a permitted building or structure shall not be considered to be an abandoned automobile.
AUTOMOBILE SERVICE STATION. Any building or premises used for the sale, or offering for sale at retail of any automobile fuels or oils. Uses permissible at an AUTOMOBILE SERVICE STATION do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, gutter fumes, smoke, or other characteristic normally found in a repair garage or a body shop. AUTOMOBILE SERVICE STATION does not include any premises meeting the definition of TRUCK STOP.
AUTOMOBILE WRECKING. The dismantling or wrecking of used motor vehicles or trailers, or farm machinery, or the storage, sale, or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
BASEMENT. Any floor below the first story of a building unless construed to be a STORY as defined herein.
BILLBOARD. See SIGN, OFF-SITE.
BOARDING HOUSE. Any dwelling, not open to transients, which provides sleeping and/or cooking and/or eating facilities for more than three (3) but less than ten (10) unrelated individuals. Sleeping rooms shall not be used for more than two (2) persons per room. A rooming house shall be deemed to be a BOARDING HOUSE.
BUILDING. See STRUCTURE.
BUILDING AREA. The portion of a lot remaining after required yards have been provided.
CANNABIS BUSINESS ESTABLISHMENT. A cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization as hereinafter defined established pursuant to and regulated by the Illinois Cannabis Regulation and Tax Act (410 ILCS 705/). CANNABIS BUSINESS ESTABLISHMENT does not include cannabis café or cannabis lounge or any business having on-site consumption of any cannabis product, as same are prohibited within the zoning jurisdiction of the City of Mt. Vernon.
(1) CANNABIS CRAFT GROWER. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, as it may be amended from time-to-time, and regulations promulgated thereunder.
(2) CANNABIS CULTIVATION CENTER. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, as it may be amended from time-to-time, and regulations promulgated thereunder.
(3) CANNABIS DISPENSING ORGANIZATION. A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, as it may be amended from time-to-time, and regulations promulgated thereunder.
(4) CANNABIS INFUSER ORGANIZATION OR INFUSER. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, as it may be amended from time-to-time, and regulations promulgated thereunder.
(5) CANNABIS PROCESSING ORGANIZATION OR PROCESSOR. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, as it may be amended from time-to-time, and regulations promulgated thereunder.
(6) CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER. An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, as it may be amended from time-to-time, and regulations promulgated thereunder.
CARPORT. See BASEMENT.
CHILD CARE PROVIDER. Shall mean any individual who provides care within a family home of less than four children and shall mean any individual who provides care within a family home only for children related to the individual and/or only for children from a single household (excluding the households of any related child and of the Child Care Provider). RELATED means any of the following relationships by blood, marriage or adoption: parents, grandparents, great grandparents, great uncle, great aunt, brother, sister, step parent, step brother, step sister, uncle, aunt, nephew, niece or first cousin. No Conditional Use under this Chapter 161 of the Revised Code is required for a CHILD CARE PROVIDER.
COMMUNITY RESIDENCE. A group home or specialized residential care home serving unrelated persons with disabilities which is licensed, certified or accredited by appropriate local, state or national bodies. COMMUNITY RESIDENCE does not include a residence which serves persons as an alternative to incarceration for a criminal offense, or persons whose primary reason for placement is substance or alcohol abuse or for treatment of a communicable disease.
COMMUNITY RESIDENCE (SMALL). A Community Residence serving eight (8) or fewer persons with disabilities in a family-like atmosphere.
COMMUNITY RESIDENCE (LARGE). A Community Residence serving 9 to 20 persons with disabilities in a family like atmosphere.
CONDITIONAL USE. A special use of land which would not generally be appropriate within a particular land use district but might be allowable in certain locations within the district if specific requirements of conditions are met (as to number, area, location, or relation to neighboring lands or uses and public facilities). After compliance with appropriate safeguards and procedures specified herein, the City Council may permit as conditional uses precise types of uses listed in the land use districts of the Schedule of District Regulations. A conditional use, as defined herein, is the same type of use described as a “special use” in § 11-13-1.1 of the Illinois Municipal Code (65 ILCS 5/11-13-1 et seq.).
CONDITIONAL USE PERMIT. Legal authorization to undertake a conditional use, issued by the administrative official pursuant to authorization by the City Council and in compliance with procedures specified herein.
DAY CARE CENTER. Shall mean any individual, person or entity which provides care for children except a Child Care Provider or a Day Care Home. CHILDREN means any person under 18 years of age.
DAY CARE HOME. A family home (residence) satisfying the hereinafter described conditions which receives more than three up to a maximum of 12 children for less than 24 hours per day. The number of children includes the family’s natural, foster or adopted children and all persons under the age of 12. The term does not include facilities which receive only children from a single household. A DAY CARE HOME must meet each of the following conditions:
(1) The DAY CARE HOME must be licensed by the Illinois Department of Children and Family Services and operated in accordance with the Illinois Child Care Act (225 ILCS 10/1 et seq.) and Regulations of the Department of Children and Family Services.
(2) No person other than members of the family residing on the premises shall provide child care, except a DAY CARE HOME may employ one full time equivalent employee who is not a resident of the family home.
(3) The use of the family home for child care shall be clearly incidental and subordinate to its use for residential purposes by its occupants.
(4) There shall be no sign or other change in the outside appearance of the residence or premises nor any visible evidence of nonresidential use of the premises.
(5) No DAY CARE HOME shall be situated nor shall any child care be provided within any accessory building.
(6) Only child care services shall be provided and there shall be no sales of any goods or merchandise by the DAY CARE HOME or upon the premises; no other home occupation shall be conducted upon the premises.
(7) No traffic shall be generated by the DAY CARE HOME in greater volumes then would normally be expected in a residential neighborhood.
(8) Any need for parking generated by the conduct of the DAY CARE HOME shall be met off the street and other than in a required front yard (except within a garage, carport or upon a graveled, asphalted or other hard surfaced driveway). The DAY CARE HOME shall not create a need for off-street parking spaces in addition to that required for the members of the family residing on the premises.
(9) No noise or condition shall be created by the DAY CARE HOME in greater volume or degree than would normally be expected in a residential neighborhood.
(10) Unless waived in writing by the City Council, all areas where any child or children may reasonably be expected to be present shall be completely enclosed by properly constructed and well maintained four foot chain link fence or a six foot privacy fence aesthetically compatible with the neighborhood and approved by the Building Inspector.
(11) The DAY CARE HOME shall comply with such other conditions or restrictions as determined by the City Council to be necessary because of the particular character or condition of the neighborhood, the premises or the proposed DAY CARE HOME.
(12) A Conditional Use under this Chapter 161 of the Revised Code of Ordinances shall be required which Conditional Use shall be subject to all other terms and provisions of this Chapter 161 relating to a Conditional Use except that said Conditional Use shall be issued in the name of the operator or operators of the Day Care Home and shall be non-transferable and shall immediately terminate upon any conveyance or other transfer of the residence in whole or in part; and in addition, upon a DAY CARE HOME failing to satisfy any condition imposed herein, the Conditional Use may be revoked by the City Council upon notice and an opportunity to be heard, and shall also be subject to all other remedies provided by law.
DENSITY. Pertaining to the number of dwelling units per net acre or gross acre as indicated for the appropriate zoning district in the Schedule of District Regulations. Residential District density shall not be exceeded for new subdivisions nor exceeded for re subdivision of existing platted land.
DISABILITIES, PERSON WITH. Any individual whose disability:
(1) is attributable to mental, intellectual, or physical impairment or a combination of mental, intellectual, or physical impairment; and
(2) is likely to continue for a significant amount of time or indefinitely; and
(3) results in functional limitations in three or more of the following areas of major life activities:
(a) Self-care;
(b) Receptive or expressive language;
(c) Learning;
(d) Mobility;
(e) Self direction;
(f) Capacity for independent living;
(g) Economic self sufficiency; and
(4) reflects the person’s need for a combination and sequence of special interdisciplinary or generic care, treatment, or other services which are of a lifelong or extended duration.
DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON. The dominant or principal theme of the object described by such phrase. For instance, when the phrase refers to films “which are distinguished or characterized by an emphasis upon the exhibition or description of Specified Sexual Activities or Specified Anatomical area,” the films so described are those whose dominant or principal character and theme are the exhibition or description “specified anatomical areas” or “specified sexual activities.”
DISTRICT. A section or sections of the City of Mt. Vernon and the territorial limits of this ordinance for which uniform regulations governing the use, height, area, and intensity of use by buildings and land, and open spaces about buildings, are herein established.
DRIVE-IN RESTAURANT. A food service establishment, with or without interior facilities for eating, which caters to and permits the consumption of food either in customer’s automobile parked on the premises or in any other designated area on the premises outside the establishment where the food is so prepared.
DWELLING. A residential building designed or used exclusively as the living quarters for one or more families.
DWELLING, ATTACHED. A dwelling which is joined to another dwelling at one or more sides by a party wall or walls.
DWELLING, DETACHED. A dwelling which is entirely surrounded by open space on the same lot.
DWELLING, MOBILE HOME. Any structure placed in accordance with Chapter 156 of the Revised Code of Ordinances that meets the definition of MANUFACTURED HOME as set forth within the National Manufactured Housing Construction and Safety Act, 42 U.S.C. §§ 5401 et seq. and the 24 C.F.R. Part 3280, which Act essentially provides that A MANUFACTURED HOME is a structure that is transportable in one or more sections. In traveling mode, the home is 8 feet or more in width and 40 feet or more in length, or, when erected on site, is 320 or more square feet. A MANUFACTURED HOME is built on a permanent chassis and is designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. A MANUFACTURED HOME is designed and constructed to the Federal Manufactured Construction and Safety Act Standards and must be so labeled. Calculations used to determine the number of square feet in a structure shall be based on the structure’s exterior dimensions measured at the largest horizontal projections when erected on site. These dimensions will include all extendable rooms, cabinets, and other projections containing interior space but do not include bay windows. Width of the MANUFACTURED HOME means its largest overall width in the traveling mode, including cabinets and other projections which contain interior space; width does not include bay windows, roof projections, overhangs or eaves under which there is no interior space. All MANUFACTURED HOMES must have an affixed Housing and Urban Development seal(s) located on the outside of the home: if the home is a multi wide unit, each must have a seal.
(1) MODULAR UNIT.
(a) A structure manufactured in an off site location and transported to the placement site by a specialized transporting device. When the MODULAR UNIT arrives at the placement site, it must be removed from the transporting device onto a basement or permanent foundation.
(b) The towing hitch or running gear, which includes axles, brakes, wheels, and other parts of the chassis that operate only during transportation must be removed prior to placement or installation on a site built permanent foundation consisting of a system of supports, including piers, either partially or entirely below grade which is:
1. capable of transferring all design loads imposed by or upon the structure into soil or bedrock without failure,
2. placed in an adequate depth below grade to prevent frost damage, and
3. constructed of concrete, metal, treated lumber or wood or grouted masonry.
(c) A MODULAR UNIT is not designed to be moved once placed or installed on a site built permanent foundation. A MODULAR UNIT must be designed and manufactured to comply with all building, dwelling, plumbing, electrical, mechanical and other construction codes applicable to construction of residential structures within the City of Mt. Vernon. A MODULAR UNIT must have affixed thereto a certification under 24 C.F.R. § 3282.12c certifying that the Unit is not subject to the provisions of the National Manufactured Housing Construction Safety Standards Act (42 U.S.C. §§ 5401 et seq.) which certification shall substantially state as follows:
The manufacturer of this structure, Name ________________________________
Address (location where structure was manufactured).
Certifies that this structure (Ser. No ) is not a manufactured home subject to the provisions of the National Manufactured Housing Construction and Safety Standards Act and is
(1) designed only for erection or installation on a site built permanent foundation,
(2) not designed to be moved once so erected or installed,
(3) designed and manufactured to comply with
(Here state which code included in paragraph (b) (3) of this section has been followed), and
(4) to the manufacturer’s knowledge is not intended to be used other than on a site built permanent foundation.
This certification shall be affixed in a permanent manner near the electrical panel, on the inside of a kitchen cabinet door, or in any other readily accessible and visible location. As part of the certification, the manufacturer shall identify each certified structure by a permanent serial number placed on the structure. No certification except the certification described above shall be accepted by the City, unless otherwise required by federal law.
(2) TRAVEL TRAILER. A vehicular, portable structure built on a chassis designed to be a temporary dwelling for travel and recreation purposes.
DWELLING, MULTIPLE-FAMILY. A residential building other than a mobile home or a portion thereof containing separate dwelling units for three or more families living independently of each other. A MULTIPLE-FAMILY DWELLING may be a Modular Unit as herein defined.
DWELLING, SINGLE FAMILY. A Dwelling Unit other than a mobile home designed for or occupied exclusively by one family. A Dwelling Unit includes a Modular Unit as herein defined.
DWELLING, TWO-FAMILY. A detached residential building other than a mobile home containing two dwelling units designed for or occupied exclusively by two families living independently of each other. A TWO-FAMILY DWELLING includes a Modular Unit as herein after defined.
DWELLING UNIT. A room or rooms connected together, constituting a separate, independent housekeeping establishment, and physically separated from any other rooms or DWELLING UNITS which may be in the same structure, and containing independent cooking, bathroom, and sleeping facilities.
EMPLOYEE(S). In regard to off-street parking requirements, EMPLOYEES mean all who work in the enterprise, including owners other than purely stock holders), partners, management and office personnel.
ESSENTIAL SERVICES. The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam, or water transmission or distributing systems, collection, communication, supply or disposal systems, elevated and underground water storage tanks, including poles, wires, mains, drains, sewers, pipes, conduits, cables, traffic signals and signs, hydrants and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings, or Public Utility Substations as hereinafter defined. Underground use is encouraged, overhead discouraged.
FAMILY. One or more persons occupying a single dwelling unit, provided that unless all members are related by birth, adoption, or marriage, no unrelated group shall consist of more than three (3) persons.
FLOOR AREA. The sum of all gross horizontal enclosed area of the several floors of a building and its accessory buildings on the same lot excluding basement floor areas and non-enclosed portions of the structure. All dimensions shall be measured between exterior faces of walls.
FLOOR AREA RATIO (F.A.R.). The quotient of the floor area as defined above of the building divided by its lot area.
F.A.R. = Floor Area
Lot Area
Lot Area
GRADE. The average of the finished ground level at the center of all walls of a building. In case building walls are parallel to and within five feet (5) of sidewalk(s), the grade shall be the average finished elevation of such sidewalk(s) between side lot lines. (See also HEIGHT and STORY, and illustrations at § 161.211 of this Section).
HEIGHT. Building height, as permitted in each district, shall be determined from GRADE as herein defined. (See also STORY and illustration at § 161.211 of this Section).
HOME OCCUPATION. An occupation conducted in a dwelling unit, provided that:
(1) No person other than members of the family residing on the premises shall be engaged in such occupation.
(2) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation.
(3) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one square foot in area, non-illuminated and mounted flat against the wall of the principal building
(4) No HOME OCCUPATION shall be conducted in any accessory building.
(5) There shall be no sales in connection with such HOME OCCUPATION.
(6) No traffic shall be generated by such HOME OCCUPATION in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.
(7) No equipment or process shall be used in such HOME OCCUPATION which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single family residence, or outside the dwelling unit if conducted in other than a single family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.
(8) A medical practitioner, architect, engineer, insurance or real estate offices shall not be construed to be HOME OCCUPATIONS.
JUNK YARDS. The use of more than 750 cubic feet of open storage on any lot, portion of a lot or tract of land for the sale, storage, keeping or abandonment of junk, scrap metals or salvageable materials, or for the abandonment, dismantling, or wrecking of automobiles or other vehicles, machines, or parts thereof.
KENNEL. Any lot, structure, or premises licensed and lawfully operating under the Illinois Animal Welfare Act (225 ILCS 605) where dogs and/or cats are kept or maintained for boarding, training or similar purposes for a fee or compensation or where more than one litter of dogs and/or cats during any calendar year is born or kept and offered for sale, exchange, or adoption for a fee, compensation, barter, or charge.
LOADING SPACE, OFF-STREET. Adequate space, logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used such as trucks and tractors, and accessible to such vehicles at all times. Required OFF-STREET LOADING SPACE is not to be included as off-street parking space in computation of required off-street parking space.
LOT. For purposes of this ordinance, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:
(1) A single lot of record.
(2) A portion of a lot of record.
(3) A combination of complete lots of record, of complete lots of records and portions of lots of record, or of portions of lots of record.
(4) A parcel of land described by metes and bounds; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this ordinance for the zoning district for which the lot or parcel is located.
LOT FRONTAGE. The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under YARDS as defined herein. (See definition of YARD, FRONT.)
LOT MEASUREMENTS.
(1) DEPTH of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
(2) WIDTH of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard, provided, however, that width between side lot lines at their foremost points (where they intersect with the street lot line), shall not be less than 80 percent of the required lot width, except in the case of lots on the turning circle of cul de sac, where the 80 percent requirement shall not apply.
LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the Recorder of Deeds, or a lot or parcel described by metes and bounds, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
LOT TYPES. Any lot within the jurisdiction of this ordinance shall be one of the three following types:
(1) CENTER LOT. A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.
(2) INTERIOR LOT. A lot other than a corner lot with only one frontage on a street.
(3) THROUGH LOT. As a lot other than a corner lot with frontage on more than one street. THROUGH LOTS abutting two streets may be referred to as DOUBLE FRONTAGE LOTS. (See illustration at § 161.211 of this section).
MOBILE HOME. See DWELLING, MOBILE HOME.
MODULAR UNIT. A prefabricated sectionalized, panelized or modular unit is a structure manufactured in an off site location and transported to the job site by a specialized transporting device. When the modular unit arrives at the job site, it must be removed from the transporting device onto a basement or permanent foundation. MODULAR UNITS have no steel chassis attached to the floor joist.
PARKING SPACE, OFF-STREET.
(1) For the purposes of this ordinance, an off-street parking space shall consist of a space within the buildable area of a lot, adequate for parking an automobile. Any off-street parking space required herein shall be one of the following types:
(a) RESIDENTIAL, ONE AND TWO FAMILY. This space may be in a garage, carport, or unenclosed area, but not on any public right of way (including sidewalk). Ingress and egress to such parking space from public right-of-way may be by forward or backward motion.
(b) RESIDENTIAL MULTI-FAMILY (THREE OR MORE FAMILIES); COMMERCIAL INDUSTRIAL. This space shall be one of a group of off-street parking spaces (a parking lot and/or structure containing three or more spaces) consisting of a space adequate for parking an automobile with room for opening doors on both sides. Each parking space shall have maneuvering room and properly related access to a public right of way (included to mean only forward motion as opposed to backing out). Required spaces shall be individually marked and shall be so designed, maintained, and regulated so that no parking or maneuvering incidental to parking shall be on any public street, walk, or alley, and so that any automobile may be parked and unparked without moving another.
(2) Parking spaces shall not be less than 9 feet by 18 feet for any parking arrangement except parallel type, in which case the minimum size shall be 8.5 feet by 22 feet. Aisles between parking spaces shall be not less than twelve feet in width when serving automobiles parked at a forty five degree angle in one direction nor less than twenty five feet in width when serving automobiles parked perpendicularly.
(3) For purposes of rough computation, an off-street parking space and necessary access and maneuvering room may be estimated at 400 square feet. Requirements will be considered met only when actual spaces as required in the Schedule of District Regulations and maneuvering room meeting the aforementioned requirements are provided. All parking spaces, maneuvering room, and points of access from public right of way shall be a hard surface, and meet the following standards:
(a) 6” of rock and 2” of asphalt, or equivalent in concrete.
(b) Provide for disposal of storm water and ensure such water shall not flow onto adjoining property or sidewalks.
(c) Traffic flow direction shall be appropriately marked.
(4) If appropriate in the judgment of the Administrative Official: Curbs (or stops) shall be installed at each off-street parking space to regulate traffic flow; adequate lighting facilities shall be provided. Layout of parking spaces in parking lot or parking structure are the responsibility of the developer, but shall be approved by the Administrative Official in respect to meeting the intent of this definition.
PLANNING COMMISSION or PLAN COMMISSION. Shall mean the Zoning and Planning Commission of the City of Mt. Vernon.
PLANNED UNIT DEVELOPMENT.
(1) A means of developing or redeveloping existing larger parcels or combinations of smaller parcels of land within the jurisdiction of this ordinance, by allowing more flexibility in design to produce a more aesthetic and/or efficient environment, and which through safeguards incorporated elsewhere in this ordinance will assure that any such planned unit development will be in harmony and compatible with the intent of this ordinance and the appropriate zoning district of this ordinance.
(2) More specifically, a PLANNED UNIT DEVELOPMENT is land which is under:
(a) Single ownership, or
(b) Unified control, and wherein such land is to be utilized for ultimate use by:
1. Single ownership, or
2. Unified control, or
3. Separate ownership and unified control, or
4. Separate ownership without unified control, and whereon such land is designed for use as one building or a group of buildings, and whereon such land there may be provisions for multiple purpose uses. Standards and requirements within the various zoning districts permitting a planned unit development are indicated in the Schedule of District Regulations, and in Performance Standards, §§ 161.290 through 161.295 of this ordinance.
(3) PLANNED UNIT DEVELOPMENT does not prevent conveyance or other transfer of less than the whole parcel comprising the PLANNED UNIT DEVELOPMENT, provided the transfer or conveyance does not create or result in a violation of this Chapter 161 or other Article of the Revised Code of Ordinances.
(4) Any such PLANNED UNIT DEVELOPMENT shall be compatible to the Comprehensive Plan for the City of Mt. Vernon, Illinois. Provided further, if the proposed development is only for a portion of the contiguous landholdings of the applicant(s), then a simple, schematic plan showing anticipated uses, densities, and circulation (traffic or thoroughfare) patterns shall be submitted with application for any planned unit development.
PUBLIC PARK OR RECREATION AREA. Public land which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths or similar public land open to the public within the City of Mt. Vernon which is under the control, operation, or management of the City or other governmental, charitable, or not-for-profit authority.
PUBLIC UTILITY SUBSTATION. An area where facilities are provided for the distribution of telephone, radio communications, water, gas, and electricity. These facilities shall be permitted as a conditional use in the various zoning districts subject to conditions which will assure their harmony, especially aesthetically, with the nature of the respective district.
REGULARLY FEATURES. A consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing business of the establishment.
RELIGIOUS INSTITUTION. Any church, synagogue, mosque, temple, regular place of worship or building which is used primarily for religious worship and related religious activities.
RESIDENTIAL DISTRICT OR USE. Means the R-1, Low Density Residential; R-2, Medium Density Residential; R-M2, Medium Density and Mobile Home; R 3, High Density Residential; and R-MH, Planned Mobile Home Districts described within this Chapter 161 of the Revised Code of Ordinances. RESIDENTIAL USE means any dwelling or structure used or occupied for living quarters of any person or property upon which there is situated a residential structure, dwelling unit or other living quarters.
RESIDENTIAL FACILITY FOR HOMELESS PERSONS. A specialized residential multiple dwelling unit having individual rooming units for homeless persons. RESIDENTIAL FACILITY FOR HOMELESS PERSONS does not include any specialized residential care home known as a Community Residence, nor does it include a residence which serves persons as an alternative to incarceration for a criminal offense, or persons whose reason for placement is substance or alcohol abuse or treatment of a communicable disease. Each RESIDENTIAL FACILITY FOR HOMELESS PERSONS shall satisfy the following conditions:
(1) No person shall be permitted to reside at the Residential Facility without first satisfactorily completing a screening process to insure that persons receiving services at the Residential Facility are entitled to receive services offered by the Facility and otherwise meet the requirements of this Ordinance. The screening process may occur on or off of the premises of the Residential Facility. No person shall be admitted nor remain as a resident of the Residential Facility who shall be a registered sex offender or who shall have a recent criminal history of domestic or other violence or who shall have a recent history of multiple criminal convictions for other serious offenses against persons or property. No person shall be admitted who is under the influence of drugs and/or alcohol.
(2) The Residential Facility shall provide housing and services, including ancillary services, only to persons who have been approved and admitted as residents and who are actual residents of the Residential Facility at the time a service is provided, except that the counseling service may be provided to a person who was a prior actual resident of the Residential Facility and except that meals may be provided to residents of the facility, staff of the facility, and to persons providing on-site services to residents of the facility during times that such on-site services are being provided. Ancillary services may include medical care, meal provision, grooming care, counseling services, and other such services.
(3) Only services for residents of the Residential Facility shall be provided and there shall be no sales of any goods or merchandise by the Residential Facility nor any sales or commercial use upon the premises.
(4) The Residential Facility shall provide 24 hour security, which security shall include not less than one on-site security personnel.
(5) Any need for parking generated by the operation of the Residential Facility shall be met off the street and upon the premises of the Residential Facility.
(6) The lot line of a RESIDENTIAL FACILITY FOR HOMELESS PERSONS shall be located not less than 1000 feet from the lot line of another Residential Facility for Homeless Persons and not less than 1000 feet from the lot line of a RESIDENTIAL GROUP FACILITY FOR HOMELESS PERSONS; the lot line of a RESIDENTIAL FACILITY FOR HOMELESS PERSONS shall be located not less than 500 feet from the lot line of any pre- existing daycare or pre-school facility or primary or secondary school or residential care home; and the presence and operation of the RESIDENTIAL FACILITY FOR HOMELESS PERSONS shall not alter the residential character of the neighborhood, create an institutional setting, or, by its operation create an adverse effect upon surrounding properties.
(7) The Residential Facility shall comply with such other reasonable conditions or restrictions as determined by the City Council at the time of granting the conditional use to be reasonably necessary because of the particular character or condition of the neighborhood, the premises, or the proposed residential facility.
(8) A Conditional Use under this Chapter 161 of the Revised Code of Ordinances shall be required, which Conditional Use shall be subject to all of the terms and provisions of Chapter 161 relating to a Conditional Use, except that said Conditional Use shall be issued for the specific property and issued in the name of the operator or operators of the residential facility and shall be non-transferrable and shall immediately terminate upon any conveyance or other transfer of the property or of the Facility, in whole or in part. In addition, upon a residential facility failing to satisfy any condition imposed herein, the Conditional Use may be revoked by the City Council upon Notice and opportunity to be heard, and shall also be subject to all other remedies as provided by law.
RESIDENTIAL GROUP FACILITY FOR HOMELESS PERSONS. A residential facility having group or common sleeping quarters in a single room for unrelated homeless persons. RESIDENTIAL GROUP FACILITY FOR HOMELESS PERSONS does not include any specialized residential care home known as a Community Residence, nor does it include a residence which serves persons as an alternative to incarceration for a criminal offense, or persons whose reason for placement is substance or alcohol abuse or treatment of a communicable disease. Each RESIDENTIAL GROUP FACILITY FOR HOMELESS PERSONS shall satisfy the following conditions:
(1) The RESIDENTIAL GROUP FACILITY FOR HOMELESS PERSONS shall meet the following requirements:
(a) have a separate sleeping room or rooms for adult men and a separate sleeping room or rooms for adult women and a minor shall only occupy a separate sleeping room for minors or the sleeping room of a parent;
(b) have a separate bed for each homeless person;
(c) the square feet of occupancy space for each homeless person and total square footage of combined square feet required for sleeping rooms shall be determined by the controlling City or State of Illinois Life Safety Code, Building Code, or other applicable Code;
(d) the maximum number of total beds for the Residential Group Facility shall be seventy-five beds;
(e) the lot line of a RESIDENTIAL GROUP FACILITY FOR HOMELESS PERSONS shall be located not less than 1000 feet from the lot line of a another RESIDENTIAL GROUP FACILITY FOR HOMELESS PERSONS and not less than 1000 feet from the lot line of a RESIDENTIAL FACILITY FOR HOMELESS PERSONS;
(f) the lot line of a RESIDENTIAL GROUP FACILITY FOR HOMELESS PERSONS shall be located not less than 500 feet from the lot line of any pre-existing daycare or pre-school facility or primary or secondary school or residential care home; and
(g) the presence and operation of the RESIDENTIAL GROUP FACILITY FOR HOMELESS PERSONS shall not alter the residential character of the neighborhood, create an institutional setting, or, by its operation create an adverse effect upon surrounding properties.
(2) No person shall be permitted to reside at the Residential Group Facility without first satisfactorily completing a screening process to insure that persons receiving services at the Residential Group Facility are entitled to receive services offered by the Facility and otherwise meet the requirements of this Ordinance. The screening process may occur on or off of the premises of the Residential Group Facility. No person shall be admitted nor remain as a resident of the Residential Group Facility who shall be a registered sex offender or who shall have a recent criminal history of domestic or other violence or who shall have a recent history of multiple criminal convictions for other serious offenses against persons or property. No person shall be admitted who is under the influence of drugs and/or alcohol.
(3) The Residential Group Facility shall only provide housing and services, including ancillary services, to persons who have been approved and admitted as residents and who are actual residents of the Residential Group Facility at the time a service is provided, except that meals may be provided to residents of the facility, staff of the facility, and to persons providing on-site services to residents of the facility during times that such on-site services are being provided. Ancillary services may include medical care, meal provision, grooming care, counseling services, and other such services.
(4) Only services for residents of the Residential Group Facility shall be provided and there shall be no sales of any goods or merchandise by the Residential Group Facility nor any sales or commercial use upon the premises.
(5) The Residential Group Facility shall provide 24 hour security, which security shall include not less than one on-site security personnel.
(6) Any need for parking generated by the operation of the Residential Group Facility shall be met off the street and upon the premises of the Residential Group Facility.
(7) The Residential Group Facility shall comply with such other reasonable conditions or restrictions as determined by the City Council at the time of granting the conditional use to be reasonably necessary because of the particular character or condition of the neighborhood, the premises, or the proposed residential facility.
(8) A Residential Group Facility shall only be placed within the R-3 High Density Residential Zoning Classification District and a Conditional Use under this Chapter 161 of the Revised Code of Ordinances shall be required, which Conditional Use shall be subject to all of the terms and provisions of this Chapter 161 relating to a Conditional Use, except that said Conditional Use shall be issued for the specific property and issued in the name of the operator or operators of the Residential Group Facility and shall be non-transferrable and shall immediately terminate upon any conveyance or other transfer of the property or of the Facility, in whole or in part. In addition, upon a Residential Group Facility failing to satisfy any condition imposed herein, the Conditional Use may be revoked by the City Council upon Notice and opportunity to be heard, and shall also be subject to all other remedies as provided by law
ROOMING HOUSE. See BOARDING HOUSE.
SCHOOL. Any public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergarten, elementary schools, primary schools, intermediate schools, junior high schools, high schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. SCHOOL includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.
SEMI-NUDE or SEMI-NUDITY. A state of dress in which non-transparent and opaque clothing covers from view no more than the human buttocks, anus, anal cleft and cleavage, pubic area, male genitals, female genitals, vulva and the female breast below a horizontal line across the top of the areola at its highest point and the human male genitals in a discernibly turgid state, even if completely and opaquely covered. This definition shall include the entire lower portion of the human female breasts, but shall not include any portion of the cleavage of the human breasts exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel, provided the areola and nipple are not exposed in whole or in part.
SERVICE STATION. See AUTOMOBILE SERVICE STATION.
SEXUALLY ORIENTED BUSINESS. An adult store, adult cabaret, adult motel, adult theater, sexual encounter center, escort agency, or semi-nude model studio, each of which are defined as follows:
(1) ADULT CABARET. Any commercial establishment, except an adult theater, semi-nude model studio, or sexual encounter center, including but not limited to a nightclub, bar, restaurant, or gentlemen’s club, which regularly features any one or more of the following:
(a) persons who appear semi nude or in a state of semi nudity;
(b) live performances which are characterized by their emphasis upon exposure of “specified sexual activities” or “specified anatomical areas.”
(2) ADULT MOTEL. A motel, hotel or similar commercial establishment which offers private accommodations to the public, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by their emphasis upon the exhibition or description of “specified sexual activities” or “specified anatomical areas” and which advertises the availability of such sexually-oriented type of material by means of a sign visible from the public right-of-way, or by means of any off premises advertising including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television, and
(a) offers a sleeping room for rent for a period of time less than ten (10) hours or
(b) allows a tenant or occupant to sub rent the sleeping room for a time period of less than ten (10) hours.
(3) ADULT STORE.
(a) A commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
1. books, magazines, periodicals or other printed matter, or photographs, films, motion picture, video cassettes or video reproductions, slides, or other visual representations that are characterized by the depicting or describing of “specified sexual activities” or “specified anatomical areas;” or
2. instruments, devices, or paraphernalia that are designed for use in connection with “specified sexual activities.”
3. films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by their emphasis upon matters exhibiting or describing “specified sexual activity” or “specified anatomical areas” and which are shown within a viewing room as hereinafter defined on still or motion picture projectors, slide projectors or similar machines or computers or other image producing machines.
(b) A principal business purpose exists if the establishment has a significant or substantial portion of its stock in trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial section of its sales or display or floor space to the sale or rental for any form of consideration any one or more of the items described above. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing “specified sexual activities” or “specified anatomical areas” and still be categorized as an adult store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult store so long as one of its principal business purposes are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
(4) ADULT THEATER. A theater, concert hall, auditorium or similar commercial establishment which has a room(s) for viewing or viewing areas, each of which are 150 square feet or greater in size and which for any form of consideration regularly features any one of the following:
(a) films, motion pictures, video cassettes, slides or similar photographic reproductions which are characterized by their emphasis upon the exhibition or description of “specified sexual activities” or “specified anatomical areas” are regularly shown for any form of consideration;
(b) persons who appear semi-nude or in a state of semi nudity or live performances which are characterized by their emphasis upon the exposure of “specific sexual activities” or “specific anatomical areas”.
(5) ESCORT AGENCY. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
(6) SEMI-NUDE MODEL STUDIO. Any place where a person who regularly appears in a state of semi-nudity is provided for money or any form of consideration to be viewed or observed or sketched or drawn or painted or sculptured or photographed or similarly depicted by other persons. SEMI-NUDE MODEL STUDIO shall not include a modeling class operated:
(a) By a college, junior college, or university supported entirely or partly by taxation; or
(b) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
(c) In a structure:
1. which has no sign visible from the exterior of the structure and other advertising that indicates a semi-nude person available for viewing and
2. where, in order to participate in a class a student must enroll at least three days in advance of the class; and
3. where no more than one model is on the premises at any one time.
(7) SEXUAL ENCOUNTER CENTER.
(a) A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
1. physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
2. activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of semi nudity.
(b) A principal business purpose exists if the services offered are intended to generate business income.
SPECIFIED ANATOMICAL AREAS. Means and includes any of the following:
(1) the male genitals in a discernibly turgid state, even if fully and opaquely covered;
(2) less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.
SPECIFIED SEXUAL ACTIVITIES. Means and includes any of the following:
(1) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, whether covered or uncovered;
(2) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(3) masturbation, actual or simulated; or
(4) excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above.
STORY. That portion of a building between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused underfloor space is more than six feet above GRADE as defined herein, such basement, cellar, or unused underfloor area shall be considered as a story.(See also, GRADE and HEIGHT, and illustration at § 161.211 of this Section).
STREET LINE. The lot line abutting street right-of-way line.
STRUCTURE. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, STRUCTURES include buildings, mobile homes, signs, billboards, and poster panels, but do not include walls and fences.
TOWN HOUSE DEVELOPMENT. A group of single family dwelling units, each dwelling unit structure having the following characteristics:
(1) May or may not be part of a planned unit development, but each zoning lot used for single family town houses shall have a distinct area which shall be described and recordable as a separate lot.
(2) Containing one or more stories.
(3) Having at least two exterior entrances.
(4) Attached to one or more adjoining town houses by a vertical party wall extending from the footing(s) to the roof line without passageway or access between town houses, Or Unattached, but abutting one or more adjoining town houses and with a separate but complete vertical wall from footing to roof line without passageway or access between town houses.
(5) A minimum of one off-street parking space.
(6) Rear yards separated from adjoining rear yards with masonry fences a minimum of seven feet in height. Such fences may or may not be party walls.
(7) Area, yard, height, and F.A.R. requirements as indicated in schedule of District Regulations.
TRAILER. See DWELLING, MOBILE HOME.
TRAVEL TRAILER. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes.
TRUCK OR EQUIPMENT TERMINAL. Any lot, structure, or premises use for the parking or storage of capital equipment such as trucks, trailers, or other like equipment, over 3/4 ton capacity.
TRUCK STOP. Any facility with fuel pumps used primarily for the purpose of dispensing diesel, biodiesel, or other fuel to a commercial vehicle or any facility or property which provides temporary, daily, overnight, or extended parking (excluding temporary parking for the immediate loading and unloading of cargo) for a commercial vehicle or any facility that provides maintenance, truck wash, or other service for a commercial vehicle or for the operator of a commercial vehicle requiring or accompanied by any parking or storage of a commercial vehicle. Commercial vehicle shall mean a commercial motor vehicle as defined within § 18b-101 of the Illinois Vehicle Code, being 625 ILCS 5/18b-101.
UNIFIED CONTROL.
(1) More than one parcel of land wherein separate owners join for development purposes, and at a later date may transfer all or part of the land to another person or persons, but any such transfer shall include the legal responsibility of being an integral part of the whole development. For example; a condominium; a cooperative, a land trust; or, private owner ship of a single parcel, but any such parcel has a legal responsibility to the entire development through a legally recorded covenant or some other recorded instrument. It is intended that all owners of such land under unified control know their limitations and responsibility as previously agreed upon are re defined from time to time. It is further intended that any such jointly owned land shall not come under ownership of the City of Mt. Vernon as in the case of open space, except in special and unique conditions which shall be determined at the time of authorization.
(2) UNIFIED CONTROL may be utilized within planned unit developments or in conventional developments.
UTILITY SUBSTATION. See PUBLIC UTILITY SUBSTATIONS.
VARIANCE. A variance is a relaxation of the terms of the zoning where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in this ordinance, a VARIANCE is authorized only for height, area, and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of non-conformities in the zoning district or uses in an adjoining district.
VIEWING ROOM. A room, booth, or area having less than 150 square feet of floor space where a patron of a sexually oriented business is positioned or would ordinarily be positioned while watching a film, videocassette, or other video reproduction.
YARD. A required open space other than a court, unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the grade of the lot upward, provided, however, that fences, walls, poles, posts and other customary yard accessories, ornaments, and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.
YARD, FRONT.
(1) A yard extending between side lot lines across the front of a lot adjoining a public street.
(2) In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, FRONT YARDS shall be provided on all frontages. Where one of the FRONT YARDS that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the administrative official may waive the requirement for the normal FRONT YARD and substitute therefore a special yard requirement which shall not exceed the average of the yards provided on adjacent lots.
(3) In the case of corner lots, a front yard of the required depth shall be provided on the frontage facing the street with the greatest traffic volume as determined by the administrative official, and where possible in accordance with the prevailing yard pattern; and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage.
(4) In the case of corner lots with more than two frontages, the administrative official shall determine the front yard requirements, subject to the following limitations:
(a) At least one FRONT YARD shall be provided having the full depth required generally in the district;
(b) No other FRONT YARD on such lot shall have less than half the full depth required generally.
(5) Depth of required front yards shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. (See illustrations at § 161.211 of this Section.)
YARD, SIDE.
(1) A yard extending from the rear line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot line involved with the public street. In the case of THROUGH LOTS, side yards shall extend from the rear lines of front yards required. In the case of CORNER LOTS, yards remaining after full and half depth front yards have been established shall be considered SIDE YARDS.
(2) Width of a required SIDE YARD shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line. (See illustrations at § 161.211 of this Section.)
YARD, REAR.
(1) A yard extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no REAR YARDS, but only front and side yards.
(2) Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line. (See illustrations at § 161.211 of this Section.)
YARD, SPECIAL.
(1) A yard behind any required yard adjacent to a public street, required to perform the same functions as a side or rear yard, but adjacent to a lot line so placed or oriented that neither the term “side yard” nor the term “rear yard” clearly applies.
(2) In such cases, the administrative official shall require a yard with minimum dimensions as generally required for a side yard or a rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots, with due regard to the orientation and location of structures and buildable areas thereon. (See illustration at § 161.211 of this Section.)
ZONING BOARD OF APPEALS. The Zoning and Planning Commission of the City of Mt. Vernon.
(Prior Code, Art. 21, § 21-124-1) (Ord. 2023-08, passed 2-21-2023)