ABUTTING: To have a common property line or district line.
ACCESSORY BUILDING OR USE: A use which: a) is subordinate to and serves a principal building or principal use; b) is subordinate in area, extent or purpose to the principal building or principal use served; c) contributes to the comfort, convenience or necessity of the occupants of the principal building or principal use served; and d) is located on the same lot as the principal building or principal use served.
AGRICULTURE: Land, or land and structures, the principal use of which includes one (1) of the following: the growing of farm crops, truck garden crops, animal and poultry husbandry, dairying, floriculture, horticulture, nurseries, pasturage, greenhouses (wholesale); and accessory uses customarily incidental to agricultural activities including, but not limited to, the farm dwelling, dwelling for tenants and full time farm workers, and dwellings or lodging rooms for seasonal workers.
ALLEY: A public way, not more than thirty feet (30') wide, which affords only a secondary means of access to abutting property.
ANIMAL HOSPITAL: Any building or portion thereof designed or used for the care, observation or treatment of domestic animals.
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 facilities permanently installed must always be included for each apartment.
AUTO WRECKING AND JUNK YARD: Any place where two (2) or more motor vehicles not in running condition or the parts thereof, or any other machinery or parts thereof, are stored in the open and are not being restored to operation or any land, building or structures used for the wrecking or storing of such motor vehicles or the parts thereof, or any other machinery or parts thereof, or for commercial salvaging or scavenging.
AUTOMOBILE SERVICE STATION: A place where gasoline, stored 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 the service of automobiles; but not including major automobile repairs, and including washing of automobiles where production line methods are not used. 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 service stations shall not include sale or storage of automobiles or trailers (new or used).
BANK AND FINANCIAL INSTITUTIONS: Commercial banks, currency exchanges, savings and loan associations, brokerage offices, loan offices, financial companies, pawnshops and other similar financial institutions.
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 the curb level has not been established. A basement shall be counted as a story for the purpose of height measurement.
BILLBOARD: Any structure or portion thereof upon which are signs or advertisements used as an outdoor display. This definition does not include any bulletin boards used to announce church services, or to display court or other public office notices, or signs offering the sale or lease of the premises on which the sign is located.
BLOCK: A tract of land bounded by street or, in lieu of a street or streets, by public parks, cemeteries, railroad rights-of-way, or corporate boundary lines of the Village.
BOARDING HOUSE: A building other than a hotel or restaurant where meals are provided for compensation to four (4) or more persons, but not more than twelve (12), who are not members of the keeper's family.
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 gas holders, oil tanks, water tanks, grain elevators, and other similar structures are not considered as buildings.
BUILDING AREA: The space remaining of a building lot after the minimum yard requirements of this title have been complied with.
BUILDING, DETACHED: A building surrounded by open space on the same zoning lot.
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 ridge 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 buildings.
BUILDING, NONCONFORMING: Any building which does not conform to the regulations of this title prescribing the use, required yards, coverage, height and setbacks, minimum required spacing between buildings on a single lot, and minimum required usable open space for the district in which such building is located.
BUILDING, PRINCIPAL: A nonaccessory building in which the principal use of the zoning lot, on which it is located, is conducted.
BUILDING SETBACK LINE: A line parallel to the street line at a distance from it, regulated by the front yard requirements as provided in this title.
BUILDING, TEMPORARY: Any building not designed to be permanently located in the place where it is, or where it is intended to be placed or affixed.
BULK: The term used to described 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 centerlines of the streets, to other walls of the same buildings, and to other buildings or structures; and to all open spaces relating to the building or structures.
BUSINESS: Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials, or where services are offered for compensation.
CAR WASH: A building or portion thereof containing facilities for washing more than two (2) motor vehicles, using mechanical methods.
CLINIC OR MEDICAL HEALTH CENTER: A medical center or medical clinic is an establishment where three (3) or more licensed doctors of medicine engage in the practice of medicine, operating on a group or individual basis, with pooled facilities such as coordinated laboratory, X-ray and allied departments, for the diagnosis and treatment of humans, which need not but may include a drug prescription counter (not a drugstore) for the dispensing of drugs and pharmaceutical products to the patients of the said organization. In addition to the above, the medical center or medical clinic may include the space for the practice of dentistry.
CLUB OR LODGE, PRIVATE: A non-profit association of persons who are bona fide members paying annual dues, which owns, hires or leases a building or portion thereof, the use of such premises being restricted to members and their guests.
CONFORMING BUILDING OR STRUCTURE: Any building or structure which: a) complies with all the regulations of this title or of any amendment thereof governing bulk of districts in which said building or structure is located; or b) is designed or intended for a permitted use or conditional permitted use, as herein allowed in the district in which it is located.
DAYCARE CENTER: An institution or place in which are received three (3) or more children, not of common parentage, apart from their parents or guardian, for part or all of a day but not later than nine o'clock (9:00) P.M. The term "daycare center" includes, but is not limited to, the following: nursery schools, childcare centers, day nurseries, kindergartens or nursery schools operated by public or private elementary or secondary school systems.
DISTRICT: The area into which the Village has been divided for which uniform regulations governing the use, size and intensity of land and buildings and open space about buildings is established.
DRIVEWAY: A private road connecting a house, garage, or other building with the street.
DWELLING: A building or portion thereof, but not including 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, motels, boarding or lodging houses.
DWELLING, ATTACHED: A dwelling which is joined to another dwelling at one (1) or more sides by a party wall or walls.
DWELLING, DETACHED: A dwelling which is entirely surrounded by open space and is not connected to any other dwelling unit by roof, walls or porches on the same lot.
DWELLING, MULTIPLE-FAMILY: A building or portion thereof designed or altered for occupancy by two (2) or more families living independently of each other.
DWELLING, ONE-FAMILY: A dwelling unit designed exclusively for use and occupancy by one (1) family.
DWELLING UNIT: One (1) or more rooms in a residential structure which are arranged, designed, used, or intended for use by one (1) family, for living or sleeping purposes and which includes complete kitchen facilities permanently installed.
EDUCATIONAL INSTITUTION: Public, parochial, charitable or non- profit junior college, college or university, other than trade or business schools including instructional and recreational uses with or without living quarters, dining rooms, restaurants, heating plants, and other incidental facilities for students, teachers and employees.
FAMILY: One (1) or more persons each related to the other by marriage, blood or legal adoption, together with such blood relatives, of respective spouses, who are living together in a single dwelling maintaining a common household. A "family" includes any domestic servants or farm hands and any gratuitous guests residing with said "family". For the purpose of this title, "immediate family" shall be construed to mean husband, wife, mother, father, son, daughter, son-in-law, daughter-in-law, grandmother, grandfather, grandson, granddaughter, mother-in-law, and father-in-law.
GROSS FLOOR AREA (For The Purpose Of Determining Requirements For Off-Street Parking): A. The floor area shall mean the sum of gross horizontal area of the several floors of the buildings or portion thereof, devoted to such use, including accessory storage areas located within selling or working space, such as counters, racks or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.
B. However, floor area for the purpose of measurement of off-street parking spaces shall not include floor area devoted primarily to storage purposes. The following areas shall not be included for the purpose of measurement of off-street parking spaces:
1. Floor area devoted to off-street parking or loading facilities, including aisles, ramps, and maneuvering space;
2. Basement floor area other than area devoted to retailing or service activities or the production or processing of goods, or to business or professional offices.
GROUND FLOOR AREA: The lot area covered by a principal building measured at grade from the exterior walls but excluding open porches or terraces, garages or carports.
HOME OCCUPATION: Any occupation or profession carried on by a member of the immediate family residing on the premises, in connection with which no person is employed other than a member of the immediate family residing on the premises, and where no material or equipment is used which may constitute a hazard, create a nuisance, or interfere with the reception of broadcast signals; where it does not generate traffic or parking congestion; where all material, equipment, merchandise or work in process is wholly enclosed within the dwelling structure or an accessory building; and where the total area devoted to such use shall not exceed twenty five percent (25%) of the area of one (1) floor of the principal building. No article shall be sold or offered for sale except such as may be produced on the premises by members of the immediate family. Clinics, hospitals, animal hospitals, kennels, among others, shall not be deemed "home occupations".
HOSPITAL OR SANITARIUM: An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than twenty four (24) hours in any week of three (3) or more nonrelated individuals suffering from illness, disease, injury, deformity or other abnormal physical conditions.
HOTEL, MOTEL, INN OR AUTO COURT: An establishment containing lodging accommodations or designed for use by transients, or travelers or temporary guests. Facilities provided may include maid service, laundering of linen used on the premises, telephone and secretarial desk service, restaurants, cocktail lounges, meeting rooms and ancillary retail uses, provided access to such uses are from the exterior of the principal use.
HOUSE TRAILER: A recreational trailer or semitrailer equipped and used for living quarters or for human habitation (temporarily or permanently) rather than for the transportation of freight, goods, wares and merchandise.
JUNKYARD: An open area where waste scrap metal, paper, rags or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including auto and building wrecking yards, but excluding similar uses taking place entirely within a completely enclosed building.
KENNEL: Any lot or premises or portion thereof on which more than four (4) dogs or four (4) cats or combination thereof are kept over four (4) months of age or where dogs, cats or other domestic animals are boarded for compensation or kept for sale.
LABORATORY, COMMERCIAL: A place devoted to experimental study such as testing and analyzing. Manufacturing, assembly or packaging of products is not included within this definition.
LAUNDERETTE: A business that provides coin-operated self- service type washing, drying, dry-cleaning, and ironing facilities; provided, that:
A. Not more than four (4) persons, including owners, are employed on the premises; and
B. No pick-up or delivery service is maintained.
LODGING OR ROOMING HOUSE: A building with not more than five (5) guest rooms where lodging is provided for compensation pursuant to previous arrangements, but not open on a daily, overnight or per meal basis to transient guests.
LOT: Parcel of land legally described as a distinct portion or piece of land of record.
LOT AREA: The area of a horizontal plane bounded by vertical planes containing the front, side and rear lot lines (see definition of zoning lot).
LOT, CORNER: A lot situated at the junction of and abutting on two (2) or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is one hundred thirty degrees (130°) or less.
LOT COVERAGE: The part or percent of the lot occupied by buildings or structures including accessory buildings or structures.
LOT DEPTH: The mean horizontal distance between the front and rear lot lines of a lot measured within the lot boundaries.
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: A property boundary line of any lot held in single or separate ownership except that where any portion of the lot extends to the abutting street or alley, the lot line shall be deemed to be the street or alley line.
LOT LINE, INTERIOR: A lot line which does not abut a street right-of-way line.
LOT LINE, REAR: The lot line or lot lines most nearly parallel to and most remote from the front lot lines.
LOT LINES, SIDE: 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 WIDTH: The horizontal distance between the side lot lines of a lot, measured within the lot boundaries at the required setback line.
MANUFACTURE: The production, making or processing of products or commodities for general consumption of the public or for sale to specialized institutions or organizations. Also included is the subassembly, fabrications, or processing of parts or components for use in other products or commodities.
MARQUEE OR CANOPY: A roof-like structure of a permanent nature which projects from the wall of a building and may overhang the public way and is designed and intended to protect pedestrians from adverse weather conditions.
MOBILE HOME: A. A structure designed for permanent habitation and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, from the place of its construction to the location, or subsequent locations, at which it is intended to be a permanent habitation and designed to permit the occupancy thereof as a dwelling place for one (1) or more persons.
B. A mobile home does not include dependent mobile home, camper, house trailer, recreational vehicle, private living coach, house car or any other sports or camping trailers not identified.
MOTEL: See the definition of hotel.
MOTOR FREIGHT TERMINAL: A building in which freight, brought to said building by motor trucks, is assembled and sorted for routing in either intrastate or interstate shipment by motor truck.
NET SITE AREA: The area of a zoning lot, parcel or tract, excluding boundary rights-of-way.
NONCONFORMING BUILDING OR STRUCTURE: Any building or structure lawfully established which: a) does not comply with all the regulations of this title or of any amendment hereto governing bulk of the district in which such building or structure is located; or b) is designed or intended for a nonconforming use.
NONCONFORMING USE: Any building or structure and the use thereof or the use of land that does not conform with the regulations of this title or any amendment hereto governing use in the district in which it is located, but conformed with all of the Codes, ordinances, and other legal requirements applicable at the time such building or structure was erected, enlarged, or altered, and the use thereof or the use of land was established.
NURSING HOME OR REST HOME: A commercial establishment 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 or for surgical care.
OCCUPANCY, CERTIFICATE OF: A certificate issued by the Village Clerk stating the occupancy and use of land or a building or structure referred to therein complies with the provisions of this title.
PARKING AREA, PRIVATE: An open, hard surfaced area, other than a street or public way, designed, arranged and made available for the storage of private passenger automobiles only, 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 eighty (180) square feet (9 x 20 feet), exclusive of access drives or aisles, ramps, columns or office and work areas, for the storage of one (1) passenger automobile or commercial vehicles under one and one-half (11/2) tons' capacity.
PARTICULATE MATTER: Material which is suspended in or discharged into the atmosphere in finely divided form as a liquid or solid at atmospheric pressure and temperature.
PERFORMANCE STANDARD: A criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings.
PERMANENT HABITATION: A period of two (2) or more months.
PLAN COMMISSION: The Village of Mt. Morris Plan Commission as constituted by ordinance.
PORCH: A roofed over structure, projecting out from the wall or walls of a main structure and commonly open to the weather in part.
PRIVATE SEWER: A sewer privately owned and not directly controlled by public authority.
PUBLIC OPEN SPACE: Any publicly owned open area including, but not limited to, the following: parks, playgrounds, forest preserves, parkways and streets.
PUBLIC UTILITY: As defined by Illinois Compiled Statutes, a mutual company, or a political subdivision or municipal corporation of the State of Illinois, or its lessees or operating agents, engaged in the ownership, control, operation or management of any plant, equipment or property for any of the purposes enumerated in the aforesaid section 10.3 of "an Act Concerning Public Utilities", as amended; a natural gas company as defined by the "Natural Gas Act", as amended (title 15, chapter 15B, section 717a(6), of the United States Code); or a public utility or licensee as defined by the Federal Power Act, as amended (title 16, chapter 12, sections 796 and 824 of the United States Code).
RECREATIONAL VEHICLE: Every vehicle originally designed or permanently converted and primarily used for living quarters or for human habitation and not used as a commercial vehicle, including any house car, house trailer, camper or private living coach.
RESTAURANT: Any land, building or part thereof, other than a boarding house where meals are provided for compensation including a cafe, cafeteria, coffee shop, lunch room, drive-in stand, tearoom and dining room and including the serving of alcoholic beverages when served with and incidental to the serving of meals.
ROADWAY: That portion of a street which is used or intended to be used for the travel of motor vehicles.
SCREENING: Structures or evergreen vegetation maintained for the purpose of concealing from view the area behind such structures or evergreen vegetation. When a use is required to be separated from an adjoining lot or district by screening, such screening shall be of sufficient size and design to completely conceal such use when viewed from the adjoining lot or district; provided, however, that no structure used for screening shall exceed the height of eight feet (8').
SIGN, DIRECTIONAL: A sign containing directional information about public places owned or operated by Federal, State or local governments or their agencies; publicly or privately owned natural phenomena, historic, cultural, scientific, educational and religious sites; and areas of natural scenic beauty or naturally suited for outdoor recreation, deemed to be in the interest of the traveling public.
SIGN, IDENTIFICATION: A structure, building wall or other outdoor surface used to display and identify the name of the individual, business, profession, organization or institution occupying the premises upon which it is located.
SINGLE OWNERSHIP: A lot in single ownership is one where the owner does not own adjoining vacant property.
STORY: That portion of a building included between the surface of any floor and the surface of the floor above it, or if there is not a floor above, 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.
STREET FRONTAGE: All of the property fronting on one (1) side of a street between two (2) intersecting streets, or in the case of dead-end street, all of the property along one (1) side of the street between an intersecting street and the end of such dead-end street.
STREET LINE: A line separating a lot, piece, or parcel of land from a street.
STREETS: A public way other than an alley, which affords a primary means of access to abutting property.
STRUCTURAL ALTERATION: Any change, other than incidental repairs, which would prolong the life of the supporting members of a building such as the addition, removal or alteration of bearing walls, columns, beams, girders or foundation.
STRUCTURE: Anything constructed or erected which requires location on the ground or is attached to something having location on the ground, excluding a fence. A sign, billboard or other advertising medium detached or projected, shall be construed to be a structure.
TAVERN OR LOUNGE: A building where liquors are sold to be consumed on the premises but not including restaurants where the principal business is serving food.
USE: The purpose or activity for which the land, buildings and structures thereon, is designed, arranged or intended, or for which it is occupied or maintained, and shall include any manner of performance of such activity with respect to the performance standards of this title.
USE, LAWFUL: The use of any building, structure or land that conforms with all the regulations of this title or any amendment hereto and which conforms with all of the Codes, ordinances, and other legal requirements, as existing at the time of the enactment of this title or any amendment thereto, for the structure or land that is being considered.
USE, PERMITTED: Any use which is or may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and when applicable, performance standards, of this title for the district in which such use is located.
USE, PRINCIPAL: The dominant use of land or buildings as distinguished from a subordinate or accessory use.
USE, SPECIAL PERMITTED: A use that has operational, physical and other characteristics that may be different from those of the predominant permitted uses in a district, but which is a use that complements or is otherwise compatible with the intended overall developments within a district. Compliance with special standards not necessarily applicable to other permitted or special permitted uses in the district shall be required for a special permitted use, as herein is regulated in this title.
VARIANCE: A relaxation of the terms of this title where such variances will not be contrary to the public interest and where, owing to the conditions peculiar to the property and not the results of the actions of the applicant, a literal enforcement of this title would result in unnecessary and undue hardship. As used in this title, 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 nonconformities in the zoning district or uses in an adjoining zoning district.
VILLAGE: The Village of Mt. Morris, Ogle County, Illinois.
YARD: An open space on the same zoning lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted herein 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 zoning lot is located.
YARD, FRONT: A yard extending along the full length of the front lot line between side lot lines.
YARD, REAR: A yard extending along the full length of the rear lot line between side lot lines.
ZONING DISTRICTS: The districts into which the Village has been divided as set forth on the zoning district map for the purposes of zoning regulations and requirements.
ZONING LOT: A single tract of land located within a single block which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed or built upon as a unit under single ownership or control. Therefore, a zoning lot may or may not coincide with a lot of record.
ZONING MAP: The map incorporated herein as a part hereof designating zoning districts. (1979 Code § 5-1-4; amd. 2017 Code)