The following words, phrases and terms whenever they occur in this Title shall be interpreted as herein defined:
AGRICULTURE: Land, including necessary buildings and structures, which shall be used for agriculture including, but not limited to, farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture and animal and poultry husbandry, as well as the necessary accessory uses; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities, and provided further, that the above uses shall not include the commercial feeding of garbage or offal to swine or other animals.
ALLEY: A public way with a width not exceeding twenty feet (20') in right of way used primarily as a service access to the rear or side of a property which abuts on a street.
ANIMAL HOSPITAL: Any building or portion thereof designed or used for the care, observation or treatment of domestic animals.
AUTOMOTIVE SERVICE STATION: Any building, structure, land, area or other premises or portion thereof, used for the sale at retail of motor vehicle fuels, oils or for servicing (minor repairs) or lubricating motor vehicles, which activity may be accompanied by accessary sales and uses.
AUTOMOBILE WRECKING YARD: Any area of land where two (2) or more motor vehicles not in running condition, or parts thereof, are stored in the open and are not being restored to operation or any land, building or structure used for the wrecking or storing of such motor vehicles, or parts thereof, not in running condition.
BASEMENT: A portion of a building located partly underground, but having less than one-half (1/2) its clear floor-to-ceiling height below the average grade of the adjoining ground.
BLOCK: A tract of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad rights of way, bulkhead lines or shore lines of waterways or corporate boundary lines.
BUILDABLE AREA: The specified portion of lot immediately in back of the front yard setback.
BUILDING: Any structure which is built for the support, shelter or enclosure of any persons, animals, chattels or movable property of any kind and which is permanently affixed to the land.
BUILDING, ACCESSORY: A subordinate building not attached to a principal building, the use of which is incidental and customary to that of the principal building. Includes sheds of sixty five (65) square feet or more floor area regardless of whether the shed has a foundation.
BUILDING AREA: The area bounded by the exterior dimensions of the outer walls at the ground line.
BUILDING, COMPLETELY ENCLOSED: A building separated on all sides from the adjacent open space or from other buildings or other structures by a permanent roof and by exterior or party walls, pierced only by windows and normal entrance or exit doors.
BUILDING, DETACHED: A building surrounded by open space on the same lot.
BUILDING, PRINCIPAL: A nonaccessory building in which the principal use of the lot on which it is located is conducted.
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 terms used to indicate the size and setbacks of buildings or structures and the location of same with respect to one another, and including the following:
A. Size and height of buildings;
B. Location of exterior walls at all levels in relation to lot lines, streets or to other buildings;
C. Gross floor area of buildings in relation to lot area (floor area ratio);
D. All open spaces allocated to buildings;
E. Amount of lot area provided per dwelling unit.
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.
CARPORT: A roofed accessory building or structure providing space for the parking of motor vehicles and lattice, or other material. When attached to a principal building, a carport shall be considered a part of the principal building and subject to all applicable bulk regulations for the district in which it is located.
CELLAR: The portion of a building located partly or wholly underground, and having one-half (1/2) or more than one-half (1/2) of its clear floor-to-ceiling height below the average grade of the adjoining ground.
CLUB or LODGE, PRIVATE: A nonprofit association of persons who are bona fide members paying dues, which owns, hires or leases a building or portion thereof, the use of such premises being restricted to members or their guests.
CURB LEVEL: The level of the established curb in front of a building or structure measured at the center of such front. Where no curb level has been established, it shall be deemed to be the established level of the center line of the street surface in front of a building or structure, measured at the center line of such front.
DECK: A patio which has been raised above ground level.
DISTRICT: A section or part of the incorporated or unincorporated portion of the Village for which the use regulations are uniform.
DRIVE-IN ESTABLISHMENT: An establishment which accommodates patrons' automobiles, at which the occupants may be served.
DWELLING: A residential building, or portion thereof, but not including hotels, motels, rest homes, rooming houses, tourist homes or trailers.
DWELLING, DETACHED: A residential building which is entirely surrounded by open space on the same lot.
DWELLING, MULTIPLE-FAMILY (APARTMENT): A building or portion thereof containing three (3) or more dwelling units.
DWELLING, SEMI-DETACHED: A dwelling joined to one other dwelling by a party wall.
DWELLING, SINGLE-FAMILY: A residential building containing one dwelling unit, including detached, semi-detached and attached dwellings.
DWELLING, TWO-FAMILY (DUPLEX): A residential building containing two (2) dwelling units, including detached, semi-detached and attached dwellings.
DWELLING UNIT: A group of rooms constituting all or part of a dwelling, which are arranged, designed, used or intended for use exclusively as living quarters for one family and not more than an aggregate of two (2) roomers and which includes complete kitchen facilities permanently installed.
DWELLINGS, ATTACHED (GROUP, ROW AND TOWN HOUSES): A dwelling joined to two (2) other dwellings by party wall.
ERECT: The act of placing or affixing a component of a structure upon the ground or upon another such component.
FAMILY: One or more persons related by blood, marriage or adoption, or a group of not more than five (5) persons not so related, together with his or their domestic servants or gratuitous guests, maintaining a common household in a dwelling unit.
FENCE: A barrier intended to prevent escape or intrusion, to mark a boundary or to create a sense of privacy or security.
FENCE, PRIVACY or SOLID: A fence, including solid entrance and exit gates, which effectively conceals from view, from adjoining property and streets, materials that are stored and activities conducted behind such fence.
FLOOD PLAIN AREA: The SFHA or special flood hazard area as defined in Title 11, Chapter 1 of this Code.
FLOOR AREA, GROSS (to determine floor area ratio: For the purpose of determining floor-area ratio, the floor area of a building or buildings shall be the sum of the gross horizontal areas of the several floors of such building or buildings, measured from the exterior faces of exterior walls or from the center line of party walls separating two (2) buildings; in particular, "gross floor area" shall include:
A. Basement space, if at least one-half (1/2) of the basement story height is above the established curb level.
B. Elevator shafts and stairwells at each floor.
C. Floor space used for mechanical equipment where the structural headroom exceeds seven and one-half feet (71/2'), except equipment, open or enclosed, located on the roof, i.e., bulkheads, water tanks and cooling towers.
D. Attic floor space where the structural headroom exceeds seven and one-half feet (71/2').
E. Interior balconies and mezzanines.
F. Enclosed porches, but not terraces and breezeways.
FLOOR AREA, GROSS (to determine off-street parking requirements): For the purpose of determining requirements for off-street parking and off-street loading, the floor area shall mean the sum of the gross horizontal areas of the several floors of the building, 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. However, "floor area" for purposes of measurement for off-street parking spaces shall not include: floor area devoted primarily to storage purposes (except as otherwise noted herein); floor area devoted to off-street parking or loading facilities, including aisles, ramps and maneuvering space or basement floor area other than are devoted to retailing activities, to the production or processing of goods or to business or professional offices.
FLOOR AREA RATIO: The numerical value obtained through dividing the gross floor area of a building or buildings by the total area of the lot or parcel of land on which building or buildings are located.
GARAGE, PRIVATE: An accessory building or an accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident upon the premises, and in which no business, service or industry connected directly or indirectly with automotive vehicles is carried on.
GARAGE, PUBLIC: Any building where automotive vehicles are painted, repaired, rebuilt, reconstructed and/or stored for compensation.
HOME OCCUPATION: Any gainful occupation or profession engaged in by the occupant of a dwelling at or from such dwelling, without altering the essential character of the neighborhood, and with the following restrictions: a) persons engaging in home occupations shall not permit the employment of an additional personnel other than the members of the immediate family in the performance of such services; b) there shall be no exterior display, no exterior signs and no exterior storage of equipment or materials used in connection with a home occupation; and c) persons engaging in home occupations shall require patrons to park off street and shall not allow patrons to park on the street. Examples of typically permissible home occupations include, but are not limited to, the following: art studio, dressmaking, professional offices of a clergyman, lawyer, physician, dentist, architect, engineer or accountant and teaching, with musical, dancing and other instruction, limited to two (2) pupils at a time. Examples of impermissible home occupations include, but are not limited to, the following: clinic or hospital, public stable or dog kennel or restaurant.
JUNKYARD: An open area or fenced in enclosure, where used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. A junkyard includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings.
KENNEL: Any lot or premises on which two (2) or more dogs, cats or other mammals commonly kept as pets, at least four (4) months of age, are: a) kept or bred for sale; b) kept or boarded for or on behalf of any party who or which is not the owner of such animals; or c) kept or boarded for or on behalf of any party who or which is not the owner or lessee of the lot or premises.
LOADING, OFF STREET: A space, accessible from a street, alley or way, in a building or on a lot, for the use of trucks while loading or unloading merchandise or materials.
LODGING ROOM: A room rented as sleeping and living quarters but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one lodging room.
LOT: A parcel of land, whether legally described or subdivided as one or more lots or parts of lots, located within a single block and which is occupied or intended for occupancy by one principal building or principal use, together with any accessory buildings and such open spaces as are required by this title and having its principal frontage upon a street.
LOT AREA: The area of horizontal plane bounded by the vertical planes through front, side and rear lot lines.
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 five degrees (135o) or less.
LOT, DEPTH: The mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.
LOT LINE: A property boundary line of any lot held in single or separate ownership; except, that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley right of way line.
LOT LINE, FRONT: That boundary of a lot which is along an existing or dedicated street. The owner of a corner lot may select either street lot line as the front lot line.
LOT LINE, REAR: That boundary of a lot which is most distant from and is, or is approximately, parallel to the front lot line. If the rear lot line is less than ten feet (10') in length or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line ten feet (10') in length within the lot; parallel to and at the maximum distance from the front lot line.
LOT LINE, SIDE: Any boundary of a lot which is not a front or rear lot line.
LOT, MOBILE HOME: The area assigned to a mobile home in a mobile home park.
LOT, REVERSED CORNER: A corner lot, the side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.
LOT, THROUGH: A lot which has a pair of opposite lot lines along two (2) more or less parallel public streets and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines.
LOT, WIDTH: The mean horizontal distance between the side lot lines of a lot measured within the lot boundaries or the minimum distance between the side lot lines within the buildable area.
MOBILE HOME: A structure other than a modular home, 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 or more persons. The term "mobile home" shall include manufactured homes constructed after June 30, 1976, in accordance with the federal "national manufactured housing construction and safety standards act of 1974". Such mobile homes, by law, have affixed to them a red metal label prescribed by the United States department of housing and urban development.
MOBILE HOME PARK: A tract of land or two (2) or more contiguous tracts of land upon which contain sites with the necessary utilities for five (5) or more independent mobile homes for permanent habitation either free of charge or for revenue purposes and shall include any building, structure, vehicle or enclosure used or intended for use as a part of the equipment of such mobile home park. Separate ownership of contiguous tracts of land shall not preclude the tracts of land from mobile home parks if they are maintained and operated jointly. Neither an immobilized mobile home nor a motorized recreational vehicle shall be construed as being a part of a mobile home park.
MODULAR HOME: A factory built home which is: a) subject to regulation by the Illinois department of public health; and b) not built on a permanent chassis. By law a modular home must have affixed to it a yellow seal in the shape of the state of Illinois on the electrical panel box or a similar seal of the state of Indiana. A modular home on a permanent perimeter foundation extending below the frost depth qualifies as a single-family structure in any zone in which single-family structures are allowed. Should the Illinois department of public health approve a factory built home with a permanent chassis, such a home is not considered a "modular home" under this title, but rather is considered a "mobile home" under this title.
MOTEL: A building containing lodging rooms having adjoining individual bathrooms where each lodging room has a doorway opening directly to the outdoors and where more than fifty percent (50%) of the lodging rooms are for rent to transient tourists for a continuous period of less than thirty (30) days.
MOTOR FREIGHT TERMINAL: A building or premises in which freight is received or dispatched by motor vehicle.
MOTOR VEHICLE: Any self-propelled wheeled vehicle designated or intended primarily for the transportation of persons or goods along public streets, alleys or other public ways.
NAMEPLATE: A sign indicating the name and/or address of a building or the name of an occupant thereof.
NURSING HOME: See Rest Home.
OPEN SALES LOT: Any land used or occupied for but not limited to the purpose of buying and selling secondhand passenger cars and/or trucks, motor scooters, motorcycles, boats, trailers, aircraft and monuments, and for the storing of same prior to sale.
PATIO: A recreation area adjoining a residential structure, which is either paved or constructed of flagstones or the like, which is not raised above the ground level and which is not covered with a roof or other structure.
PORCH: A covered or roofed entrance to a building or covered or roofed patio or deck.
PUBLIC OPEN SPACE: Any publicly-owned open area including, but not limited to, the following: parks, playgrounds, forest preserves, beaches, waterways, parkways and streets.
REFUSE: All waste products resulting from human habitation, except sewage.
RESIDENCE: The act or condition of residing or dwelling in a place.
REST HOME (NURSING HOME): A private home for the care of children or the aged or infirm or a place of rest for those suffering bodily disorders. Such a home does not contain equipment for surgical care or for the treatment of disease or injury, nor does it include maternity care or care for mental illnesses or infirmities.
RETAIL: Retail refers to the sale of relatively small quantities of commodities and services directly to customers.
ROOMING HOUSE (TOURIST HOME): A building, or portion thereof, containing lodging rooms which accommodate three (3) or more persons who are not members of the keeper's family and where lodging rooms or meals, or both, are provided for compensation.
SANITARY LANDFILL: A method of disposing of refuse by spreading and covering with earth to a depth of two feet (2') on the top surface and one foot (1') on the sides of the bank.
SETBACK, FRONT YARD: The minimum horizontal distance permitted between the front line or side line of the building and nearest the street line, disregarding steps or patios.
SHED: A storage structure not intended for dwelling purposes or for storage of automobiles.
SIGN: A name, identification, description, display or illustration, which is affixed to or painted or represented directly or indirectly upon a building or other outdoor surface or piece of land and which directs attention to any object, product, place, activity, person, institution, organization or business. Each display surface of a sign shall be considered to be a sign.
However, this Title does not regulate signs located completely within an enclosed building unless such signs are exposed to view from a street.
SIGN, ADVERTISING: A sign which directs attention to a business, commodity, service or entertainment not necessarily sold upon the premises where such sign is located or to which it is affixed. A double face or V-type sign, erected on a single supporting structure where the interior angle does not exceed one hundred thirty five degrees (135o) shall, for the purpose of computing square-foot area, be considered and measured as a single face sign.
SIGN, BUSINESS: A sign which directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered upon the premises where such sign is located or to which it is affixed.
SIGN, FLASHING: Any illuminated sign on which the artificial light is not maintained stationary and/or constant in intensity and color at all times when such sign is in use. For the purpose of this Title, any moving, illuminated sign shall be considered a flashing sign.
SIGN, GROSS SURFACE AREA OF: The entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. However, such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display.
SIGN, ILLUMINATED: A sign which is directly or indirectly lighted.
STORY: That portion of a building included between the surface of any floor and the floor next above, or if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a story for the purposes of this Title when more than one-half (1/2) of such basement height is above the adjacent ground level.
STREET (AVENUE, PLACE, ROAD, TERRACE, PARKWAY, BOULEVARD or COURT): A right of way of a required width, which affords a primary means of access to abutting property.
STREET LINE: The dividing line between a lot and a contiguous street.
STRUCTURAL ALTERATIONS: Any change, other than incidental repairs, in the supporting members of a building or structure, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or exterior walls.
STRUCTURE: Anything erected, the use of which requires more or less permanent location on the ground, or attached to something having a permanent location on the ground. A sign, billboard or other advertising medium detached or projecting shall be construed to be a structure.
TOURIST HOME: A building which contains a single dwelling unit and in which meals or lodging or both are provided or offered to transient guests for compensation.
TRAILER: A vehicle without motive power, designed for carrying persons or property and for being drawn by a motor vehicle. Includes "trailer", "semi-trailer" and "travel trailer" as defined in the Illinois Motor Vehicle Code 2 .
USE: The purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained.
USE, ACCESSORY: A subordinate use which is clearly and customarily incidental to the principal use of a building or premises and which is located on the same lot as the principal building or use, except for such accessory parking facilities as are specifically authorized to be located elsewhere.
USE, NONCONFORMING: Any lawfully established use of a building or premises which, on the effective date hereof, does not comply with all of the applicable use (no bulk) regulations of the zoning district in which such building or premises shall be located. For the purpose of this title, any use lawfully established on the effective virtue of lacking off street parking or loading facilities as required hereinafter for new uses, shall not be deemed a nonconforming use.
USE, PRINCIPAL: The main use of land or buildings as distinguished from a subordinate or accessory use.
YARD: An open space on a lot which is unoccupied and unobstructed from its lowest level to the sky. A yard extends along a line and at right angles to such lot line to a depth or width specified in the yard regulations for the zoning district in which such lot is located.
YARD, FRONT: A yard extending along the full width of the front lot line between side lot lines.
YARD, REAR: The portion of the yard on the same lot with the principal building, located between the rear line of the building and the rear lot line extending for the full width of the lot.
YARD, SIDE: A yard extending along a side lot line between the front and rear yards.
ZONING ADMINISTRATOR: A person appointed by the president and board of trustees to administer this title on a day to day basis. The zoning administrator shall be a person other than a member of the board of trustees.
ZONING BOARD: The Pawnee zoning board of appeals 3 . (Ord. 93-11, 6-14-1993; amd. Ord. 96-9, 8-12-1996; Ord. 08-10, 6-23-2008)
Notes
| 1 | 1. See Section 9-7-3 of this Title. |
| 2 | 1. S.H.A. 625 ILCS 5/1-187, 5/1-209 and 5/1-210.01. |
| 3 | 1. See section 9-7-3 of this title. |