Certain words used to explain land use regulations require special usage. Other words and terms must be defined as to the manner in which they relate to the use of land and buildings. The following words are defined as suggested for the purpose of clarity and understanding of this chapter.
ACCESSORY BUILDING OR USE. A subordinate building or use which is located on the same lot on which the principle building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use, when permitted by district regulations. An ACCESSORY USE includes but is not limited to the following:
(1) A children's playhouse, garden house and private greenhouse;
(2) A garage, shed or building for domestic storage;
(3) Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless such storage is excluded by the district regulations;
(4) Storage of goods used in or produced by manufacturing activities, on the same lot or parcel of ground with such activities, unless such storage is excluded by the district regulations;
(5) Off-street motor vehicle parking areas, and loading and unloading facilities;
(6) Signs, as permitted and regulated in each district incorporated herein;
(7) Swimming pool, private, in residential districts for use by occupants of the residence or building and their guests;
(8) Public utility communication, electric, gas, water and sewer lines, their supports and incidental equipment.
(9) Where a substantial part of the wall of an accessory building is a part of the wall of the main building or where an accessory building is attached to the main building in a substantial manner, as by a roof, such accessory building shall be counted as a part of the main building.
ALLEY. A public way, not more than 40 feet wide, which affords only a secondary means of access to abutting property.
APARTMENT. A room or suite of rooms in a multiple-family structure which is arranged, designed, used or intended to be used as a single housekeeping unit.
AUTOMOBILE REPAIR, MAJOR. Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; and over-all painting of vehicles.
AUTOMOBILE REPAIR, MINOR. Incidental repairs, replacement of parts, and motor service to automobiles, but not including any operation specified under AUTOMOBILE REPAIR, MAJOR.
AUTOMOBILE SERVICE STATION. A place where gasoline, stored only in underground tanks, kerosene, lubricating oil or grease, for operation of automobiles, are offered for sale directly to the public on the premises, and including accessories and services for automobiles.
AUTOMOBILE WRECKING YARD. Any place where two or more motor vehicles not in running condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof, and including any used farm vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging of any other goods, articles or merchandise.
BASEMENT. A story partly or wholly underground. Where more than one-half of it's height is above the established curb level or above the average level of the adjoining ground where curb level has not been established, a basement shall not be counted as a story for purposes of height measurement.
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 official court notices, or signs advertising the sale or lease of the premises on which the sign is located.
BLOCK. A tract of land bounded by streets or, in lieu of a street or streets, by public parks, cemeteries, railroad rights-of-way, bulkhead lines or shore lines of waterways or a corporate boundary of the city.
BOARDING HOUSE. A building other than a hotel or restaurant where meals are provided for compensation to four or more persons, but not more than 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, coal bunkers, oil cracking towers, and other similar structures are not considered as buildings.
BUILDING HEIGHT. The vertical distance measured from the sidewalk level of 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 building.
BUILDING, NON-CONFORMING. A legally existing building which fails to comply with the regulations set forth in this chapter applicable to the district in which such building is located.
BUILDING PRINCIPLE. A building in which is conducted the main use of the zoning lot on which it is situated.
BUILDING LINE. A line within a lot or other parcel of land so designated on the plat of the proposed subdivision, between which the adjacent boundary of the street or side upon which the lot abuts the erection of an enclosed structure or portion thereof is to be prohibited.
BUILDING SETBACK LINE. A line parallel to the street line at a distance from it, regulated by the front yard requirements.
BULK. The term used to describe the size and mutual relationships of buildings and other structures, as to size, height, coverage, shape, location of exterior walls in relation to lot lines, to the center line of streets, to other walls of the same building, and to other buildings or structures; and to all open spaces relating to the building or structure.
CELLAR. A story having more than one-half of its height below the curb level or below the highest level of the adjoining ground. A cellar shall not be counted as a story for the purpose of height measurements.
CERTIFICATE OF OCCUPANCY. A certificate issued by the Building Administrator stating that the occupancy and use of land or a building or structure complies with the provisions herein.
CITY COUNCIL. Whenever the words "Council" or "City Council" are used in this chapter, they shall mean the City Council of the City of Paxton, Illinois.
CLINIC OR MEDICAL HEALTH CENTER. An establishment where three 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 center (not a drug store) 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 practice of dentistry.
CLUB. An association of persons for some common purpose which is jointly supported and meets periodically, but not including groups organized primarily to render services which is customarily carried on as a business.
COMMISSION. The Plan Commission of the City of Paxton, Illinois.
COMMUNITY RESIDENCE. A single dwelling unit occupied on a relatively permanent basis in a family-like environment by a group of unrelated persons with disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a 24-hour basis, or present whenever residents with disabilities are present at the dwelling and which complies with the zoning regulations for the district in which the site is located. (Changed by Ordinance #90-38).
CROSSWALK. A strip of land dedicated to public use which is reserved across a block to provide pedestrian access to adjacent areas.
CUL-DE-SAC. A street having one open end and being permanently terminated by a vehicle turnaround.
CURB LEVEL. The level of the established curb in front of the building measured at the center of such front. Where a building faces on more than one street, the CURB LEVEL shall be the average of the levels of the curbs at the center of the front of each street. Where no curb elevation has been established, the mean level of the land immediately adjacent to the building shall be considered the CURB LEVEL.
DAY CARE CENTER. An establishment for the part-time care and/or instruction at any time of day of four or more unrelated children of pre-elementary school age.
DISABILITY. A physical or mental impairment which substantially limits one or more of a person's major life activities, impairs their ability to live independently, or a record of having such an impairment, or being regarded as having such an impairment, but such term does not include current use of, nor addiction to, a controlled substance. (Changed by Ordinance #90-38).
DWELLING. A building or portion thereof, but not including a house trailer or mobile home, designed or used exclusively for residential occupancy, including one-family dwelling units, two-family dwelling units and multiple-family dwelling units, but not including hotels, boarding or lodging houses.
DWELLING UNIT. One or more rooms which are arranged, designed, or used as living quarters for a family, or for a community residence as a single housekeeping unit. A dwelling unit includes bathroom and kitchen facilities in addition to sleeping and living areas. (Changed by Ordinance #90-38).
DWELLING, ONE-FAMILY. A building designed exclusively for use and occupancy by one family, and entirely separated from any other building by space.
DWELLING, TWO-FAMILY. A building designed or altered to provide dwelling units for occupancy by two families.
DWELLING, MULTIPLE-FAMILY. A building or portion thereof designed or altered for occupancy by three or more families living independently of each other.
DWELLING, ROW (PARTY WALL). A row of two to eight attached, one-family, party wall dwellings, not more than two and one-half stories in height.
DWELLING GROUP. Two or more one-family, two-family or multiple-family dwellings, or boarding or lodging houses, located on one zoning lot, but not including tourist courts or motels.
EASEMENT. A grant by a property owner for the use of a strip of land by the general public, a corporation or a certain person or persons for a specific purpose or purposes.
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 or more persons related by blood, marriage, or adoption, or a group of not more than five persons (excluding servants) who need not be related by blood, marriage or adoption, living together and maintaining a common household, but not including sororities, fraternities or other similar organizations.
FAMILY COMMUNITY RESIDENCE. A single dwelling unit occupied on a relatively permanent basis in a family-like environment by a group of no more than eight unrelated persons with disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a 24-hour basis, or present whenever residents with disabilities are present at the dwelling and which complies with the zoning regulations for the district in which the site is located. (Changed by Ordinance #90-38).
GARAGE, BUS. Any building used or intended to be used for the storage of three or more passenger motor buses, or motor coaches used in public transportation, including school buses.
GARAGE, PRIVATE. A detached accessory building or portion of the principle building, designed, arranged, used or intended to be used for the storage of passenger automobiles of the occupants of the premises.
GARAGE, PUBLIC. A building other than a private garage, used for the care, incidental servicing and sale of automobile supplies, or where motor vehicles are parked or stored for remuneration, hire or sale within the structure, but not including trucks, tractors, truck-trailers and commercial vehicles exceeding one and one-half tons capacity.
GARAGE, BUS OR TRUCK. A building which is used or intended to be used for the storage of motor trucks, truck trailers, tractors and commercial vehicles exceeding one and one-half tons capacity.
GENERAL DEVELOPMENT PLAN. Reference to "General Development Plan" shall mean the approved General Development Plan of the City of Paxton, Illinois.
GROUP COMMUNITY RESIDENCE. A single dwelling unit occupied on a relatively permanent basis in a family-like environment by a group of nine to 15 unrelated persons with disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a 24-hour basis, or present whenever residents with disabilities are present at the dwellings, and which complies with the zoning regulations for the district in which the site is located. (Changed by Ordinance *90-38).
GUEST HOUSE. Living quarters within a detached accessory building located on the same premises with the principle building, for use by temporary guests of the occupants of the premises. Such quarters shall have no kitchen facilities, not be rented or otherwise used as a separate dwelling.
HALFWAY HOUSE. A temporary residential living arrangement for persons who are receiving therapy and counseling from support staff who are present at all times residents are present, for the following purposes:
(1) To help them recuperate from the effects of drugs or alcohol addiction;
(2) To help them re-enter society while housed under supervision while under the constraints of alternatives to imprisonment including, but not limited to, pre-release, work-release, and probationary programs;
(3) To help persons with family or school adjustment problems that require specialized attention and care in order to achieve personal independence; or
(4) To provide temporary shelter for persons who are victims of domestic abuse. (Changed by Ordinance #90-38).
HOME OCCUPATION. Any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof; and provided that no article is sold or offered for sale except such as may be produced on the premises by members of the immediate family. Offices, clinics, doctors' offices, hospitals, barber shops, beauty parlors, dress shops, millinery shops, real estate offices, tea rooms, restaurants, tourist homes, animal hospitals, kennels, among others, shall not be deemed to be home occupations.
HOSPICE. A temporary residential living arrangement for persons with a disease that requires full- time support, therapy and/or treatment. (Changed by Ordinance #90-38).
HOSPITAL OR SANITARIUM. An institution open to the public in which patients or injured persons are given medical or surgical care; or for the care of contagious diseases or incurable patients.
HOTEL, APARTMENT. A building containing dwelling units or individual guest rooms, the majority of which are for permanent guests. Maid and janitor service may be provided but kitchen facilities are not necessarily included.
HOTEL, MOTEL, INN OR AUTO COURT. An establishment containing lodging accommodations designed for use by transients or travelers or temporary guests, with no provision in said accommodations for cooking in any individual room or suite. Facilities provided may include maid service, laundering of linen used on the premises, telephone, and secretarial or desk service.
HOUSEHOLDER. The occupant of a dwelling unit who is either the owner or lessee thereof.
JUNK YARD. 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, COMMERCIAL. Any lot or premises on which two or more domestic animals, at least four months of age, are kept for compensation or kept or bred 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.
LINE OF BUILDING. (For measuring yards.) A line parallel to the nearest lot line drawn through the point of a building or group of buildings nearest to such lot line, exclusive of such features specified as being permitted to extend into a yard.
LOADING AND UNLOADING SPACE, OFF-STREET. An open hard surfaced area of land other than a street or a public way, the principal use of which is for the standing, loading and unloading of motor trucks, tractors and trailers, to avoid undue interference with the public use of streets and alleys. Such space shall be not less than ten feet in width, 25 feet in length and 14 feet in height, exclusive of access aisles and maneuvering space.
LODGING OR ROOMING HOUSE. A building with not more than five guest rooms where lodging is provided for compensation pursuant to previous arrangement, but not open to the public or to overnight guests.
LOT. The word LOT when used alone shall mean a ZONING LOT unless the use of the word clearly indicates otherwise.
LOT COVERAGE. The area of a zoning lot occupied by the principle building or buildings and accessory buildings.
LOT DEPTH. The horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.
LOT FRONTAGE. The front of a lot shall be that boundary of a lot along a public street; for a corner lot the owner may elect either street line as the front lot line.
LOT, INTERIOR. A lot other than a corner or reversed corner lot.
LOT LINE, REAR. The rear lot line is the lot line or lot lines most nearly parallel to and most remote from the front lot line. Lot lines other than front or rear lot lines are side lot lines.
LOT, REVERSED CORNER. A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.
LOT, THROUGH OR LOT, DOUBLE FRONTAGE. A lot having frontage on two parallel or approximately parallel streets and which is not a corner lot.
LOT WIDTH. The horizontal distance between the side lot lines measured at right angles to the lot depth at the established front building line.
MOBILE HOME/TRAILER. A vehicle with or without motive power used or adaptable for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirting, and has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place.
MANUFACTURE. The making of anything by any agency or process.
MARGINAL ACCESS STREET. A minor street which is parallel to and adjacent to primary streets and highways and which provides access to abutting properties and protection to local traffic from fast, through-moving traffic on the primary streets.
MINOR STREET. A street intended primarily as access to abutting properties.
MOTOR FREIGHT TERMINAL. A building in which freight, brought to said building by motor truck, is assembled and sorted for routing in intra-state and interstate shipment by motor truck.
NON-CONFORMING USE. Any use of land, buildings or structures which does not comply with the regulations herein.
NURSING HOME OR REST HOME. A private home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for the treatment of sickness or injuries or for surgical care.
NURSERY SCHOOL. An establishment for the part-time care and/or instruction at any time of day of four or more unrelated children of pre-elementary school age.
OFFICIAL MAP. Reference to OFFICIAL MAP shall mean the approved Official Map of the City of Paxton, Illinois.
PARKING AREA, PRIVATE. An open, hard-surfaced area of land, other than a street or public way, designed, arranged and made available for the storage of private passenger automobiles only, of occupants of the building or buildings for which the parking area is developed and is accessory.
PARKING AREA, PUBLIC. An open, hard-surfaced area, other than a street or public way, intended to be used for the storage of passenger automobiles and commercial vehicles under one and one-half ton 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 200 square feet (10 x 20 feet), exclusive of access aisles or drives, ramps, columns, or office and work areas, for the storage of one passenger automobile or commercial vehicle under one-half ton capacity.
PARKWAY. A route intended to be used primarily by passenger vehicles and whose right-of-way is or is intended to be developed in a park-like character.
PLANNED DEVELOPMENT. A tract of land which is developed as a unit under single ownership or control, which includes two or more principal buildings, and which is at least four acres in area - except for planned developments operated by a municipal corporation which shall be at least two acres in area, and manufacturing planned developments, which shall be at least ten acres in area.
PLAT. A plan, map, drawing or chart on which the subdivider's plan of the subdivision is presented and which he or she submits for approval and intends to record in final form.
PORCH. An open or enclosed room or veranda which is roofed and which projects out from the wall or walls of a main structure.
PRIMARY OR MAJOR STREET. A street of considerable continuity which serves or is intended to serve as a major traffic artery connecting large areas.
PROTECTIVE SCREEN PLANTING. A planting of trees, shrubs and/or evergreens bordering an area intended to reduce and/or eliminate the nuisance of sound and sight from adjoining uses.
PUBLIC IMPROVEMENT. Any improvement for the benefit of the public, financed and executed by any interest, public or private.
PUBLIC STREET. All primary, secondary and minor streets which are shown on the subdivision plat and are to be dedicated for public use.
ROADWAY. The paved area for vehicular traffic existing on a street right-of-way and not the street right-of-way width.
RAILROAD RIGHT-OF-WAY. A strip of land with tracks and auxiliary facilities for track operation, but not including depots, loading platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops or watertowers.
SECONDARY OR COLLECTOR STREET. A street which carries traffic from minor streets to the primary street system, including the principal entrance streets of residence development and streets for circulation within such development.
SIGN, OUTDOOR ADVERTISING. A sign of any material and character whatsoever which is for outdoor advertising purposes, placed on the ground or on any natural or man-made object. The term placed as used in the definition of OUTDOOR ADVERTISING SIGN shall include erecting, constructing, painting, printing and affixing or making visible in any manner whatsoever.
STORY. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof.
STREET. A street is an area which serves or is intended to serve as a vehicular and pedestrian access to abutting lands or to other streets.
STREET LINE. A line separating an abutting lot, piece or parcel from a street.
STREET WIDTH. The shortest distance between lines of lots delineating the public street.
STRUCTURE. Anything constructed or erected which requires location on the ground or is attached to something having location on the ground.
STRUCTURAL ALTERATIONS. Any change other than incidental repairs which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders.
SUBDIVIDER. The person or persons, group or corporation acting as a unit, or any agent thereof, responsible for preparing and recording the plats of the subdivision and for carrying out all appropriate requirements relating thereto as outlined in this chapter.
SUBDIVISION. The division of land into two or more parts, any of which is less than five acres, for the purpose, whether immediate or future, of transfer of ownership or building development, including all public streets, alleys, ways for public service facilities, parks, play-grounds, school grounds or other public grounds, and all the tracts, parcels, lots or blocks, and numbering of all such lots, blocks or parcels by progressive numbers, giving their precise dimensions; provided, however, that the following shall not be considered a subdivision and shall be exempt from the requirements herein.
(1) The division or subdivision of land into parcels or tracts of five acres or more in size which does not involve any new streets or easements of access;
(2) The division of lots of blocks of less than one acre in any recorded subdivision which does not involve any new streets or easements of access;
(3) The sale or exchange of parcels of land between owners of adjoining and contiguous land;
(4) The conveyance of parcels of land or interests therein for use as right-of-way for railroads or other public utility facilities which does not involve any new streets or easements of access;
(5) The conveyance of land owned by a railroad or other public utility which does not involve any new streets or easements of access.
TRAILER/MOBILE HOME. A structure with or without motive power used or adaptable for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirting, and has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place. The term TRAILER includes CAMP CAR, TRAILER COACH, HOUSE- TRAILER, MOBILE HOME, and HOUSE CAR.
TRAILER SALES AREA. An open area, other than a street, used for the display or sale of new or used trailers, and where no repair work is done except for minor incidental repair of trailers to be displayed and sold on the premises.
TRAILER OR MOBILE HOME CAMP OR PARK. Any premises occupied or designed to accommodate one or more families living in a house trailer or mobile home, or the parking of one or more trailers for business or storage purposes.
TRAILER HOUSE, OR MOBILE HOME. See TRAILER/MOBILE HOME.
TRUCK PARKING AREA, OR YARD. Any land used or intended to be used for the storage or parking of trucks, tractors, truck trailers, and including commercial vehicles, while not loading or unloading, and which exceeds one and one–half tons in capacity.
WECS TOWER. The support structure to which the nacelle and rotor are attached which is part of wind energy conversion systems.
WIND ENERGY CONVERSION SYSTEM (WECS). All necessary facilities that together convert wind energy into electricity and deliver that electricity to a utility's transmission lines, including, but not limited to, the rotor, nacelle, generator, WECS tower, electrical components, WECS foundation, transformer, electrical cabling from the WECS tower to the substations(s)/switchyard(s), communications facilities, transmission lines, poles, and/or towers, operations and maintenance building, and other related devices, facilities, and equipment.
YARD. An open space on the same zoning lot with a principal building or group of buildings, which is unoccupied and unobstructed from it's 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 across the full width of the zoning lot and lying between the front line of the lot and the nearest line of the building.
YARD, REAR. That part of the yard lying between the nearest line of the principal building and side lot line, and extending from the required front yard (or from the front lot line, if there is no required front yard) to the required rear yard.
YARD, SIDE. That part of the yard lying between the nearest line of the principal building and a side lot line, and extending from the required front yard (or from the front lot line, if there is no required front yard) to the required rear yard.
ZONING LOT. A plot of ground made up of one or more parcels which is or may be occupied by a use, building or buildings, including the open spaces required herein.
(Ord. 88-30, passed 8-8-88
; Am. Ord. 09-07, passed 1-19-09
)