For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON. In relation to nonconformance, to discontinue a nonconforming use with the intention of permanent cessation.
ABUTTING. Having a common lot line or district line. Synonym for ADJACENT and CONTIGUOUS.
ACCESS WAY. A curb cut, ramp, driveway, or other means for providing vehicular access to an off street parking or property.
ACCESSORY STRUCTURE/USE. Any structure or use which:
(1) Is subordinate to and serves a principal structure or use;
(2) Is subordinate in area, extent or purpose to the principal structure or use;
(3) Contributes to the comfort, convenience or necessity of occupants of the principal structure or use served;
(4) Does not change the basic character of the premises as determined by its principal structure or use.
ADMINISTRATOR. The official appointed by the Mayor of Pinckneyville, Illinois with the advice and consent of the City Council of Pinckneyville, Illinois to administer this chapter, or his representative. (synonymous with ZONING ADMINISTRATOR).
ADULT BOOKSTORE. An establishment having a substantial or significant portion of its sales or stock in trade, books, magazines, films for sale or for viewing on premises by use of motion picture devices or by coin operated means, and periodicals which are
distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities," or "specified anatomical areas;" or an establishment with a segment or section devoted to the sales or display of such materials; or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, presence of video preview or coin operated booths, exclusion of minors from the establishment's premises or any other factors showing the establishment's primary purpose is to purvey such material.
ADULT ENTERTAINMENT CABARET. A public or private establishment which:
(1) Features topless dancers, strippers, "go-go" dancers, male or female impersonators, lingerie or bathing suit fashion show;
(2) Features entertainers who display "specified anatomical areas"; or
(3) Features entertainers who by reason of their appearance or conduct perform in a manner which is designed primarily to appeal to the prurient interest of the patron or features entertainers who engage in, or are engaged in explicit simulation of, "specified sexual activities".
ADULT MOTION PICTURE THEATRE. A building or area used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for viewing by patrons therein.
ADULT NOVELTY STORE. An establishment having 25% or more of its sales or stock in trade consisting of toys, devices, clothing "novelties", lotions and other items distinguished or characterized by their emphasis on or use for "specified sexual activity" or "specified anatomical areas" or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage,
advertising, displays, actual sales, exclusion of minors from the establishment's premises or any other factors showing the establishment's primary purpose is to purvey such material.
ADULT USE. Adult bookstores, adult motion picture theaters, adult entertainment cabarets, adult novelty stores and other similar uses.
AGRICULTURE. Any one or more in combination of the following pursuits: the growing of farm, truck, garden or row crops, dairying, pasture, horticulture, flora culture, animal/poultry husbandry, vineyards, wholesale plant nurseries, fish farming, sod farming and tree farming. The term AGRICULTURE encompasses buildings occupied as dwellings by persons engaged in agricultural activities. In addition, it includes non-dwelling accessory uses and structures customarily incidental to agricultural activities. Buildings occupied as dwellings by persons not engaged in agriculture shall not be considered as being used for agricultural purposes, even though they are located on agricultural land; and said buildings are subject to the provisions of this chapter.
AIRPORT. Any area of land or water which is used or intended for use for the landing and taking off of aircraft and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon.
AISLE. A vehicular traffic way within an off-street parking area, used as a means of access/egress from parking spaces.
ALLEY. A public or private way (see definition of STREET) which affords a secondary means of vehicular access to abutting premises that front on a nearby street.
ALTER. To change the size, shape or use of a structure.
AMENDMENT. A change in the provisions of this chapter (including those portions incorporated by reference), properly effected in accordance with state law and the procedures set forth herein.
ANCHOR. Any approved device used to keep a mobile home firmly attached to the stand on which it is placed.
ANIMAL HOSPITAL. Any building or portion thereof, designated 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, and which contains complete kitchen, bath and toilet facilities, permanently installed.
APARTMENT HOUSE. A building arranged, intended or designed to be occupied by three or more families living independently of each other.
ATTACHED. As applied to buildings, ATTACHED means having a common wall and/or common roof.
AWNING. Any roof-like structure made of cloth, metal or other material attached to a building and erected over a window, doorway and the like, in a manner as to permit its being raised or retracted to a position against the building when not in use.
BASEMENT. A story having part but not more than 50% of its height below the average grade of the adjoining ground, as distinguished from a cellar. A basement shall be counted as a story for purpose of height measurement.
BED AND BREAKFAST. An operator-occupied dwelling providing accommodations for a charge to the public with no more then ten guest rooms for rent, in operation for more than ten nights in a 12-month period. Bed and breakfast establishments shall not include motels, hotels, and boarding houses.
BLOCK. An area of land entirely bounded by streets, highways, barriers, or ways (except alleys, pedestrian ways, or exterior boundaries of a subdivision unless exterior boundary is a street, highway, or way) or bounded by a combination of streets, public parks, cemeteries, railroad rights-of-way, waterways, or corporate boundary lines.
BOARD OF APPEALS. The Zoning Board of Appeals of the City of Pinckneyville, Illinois.
BOARDING HOUSE. A residential building or portion thereof - other than a motel or hotel or bed and breakfast - containing lodging rooms for accommodation of three to ten persons who are not members of the keeper's family, and where lodging and/or meals are provided by prearrangement and for definite periods, but not on an overnight or per-meal basis, to the transient public.
BUFFER STRIP. An area of land - undeveloped except for landscaping, fences, etc. - used to protect a use situated on one lot from the deleterious effects of the use on an adjacent lot. Buffer strips are not to be confused with agriculture uses.
BUILDABLE AREA. The space remaining on a zoning lot after the minimum open space requirements of this chapter have been complied with.
BUILDING. Any covered structure permanently affixed to the land and designed or used to shelter people or chattel.
BUILDING, FRONT LINE OF. The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed but does not include steps.
BUILDING HEIGHT. The vertical distance measured from the average grade at the front wall of a building to the highest point of the coping of a flat roof or to the deck line of mansard roof, or to the mean height level between eaves and ridge of gable, hip or gambrel roofs. Necessary appurtenances listed in § 154.090 shall be excluded in building height calculations.
BUILDING LINE. The line nearest the front of and across a lot, delineating the minimum open space required between the front of a structure and the front lot line.
BUILDING, SETBACK LINE. A line parallel to the street line at a distance regulated by the front yard requirements set up in this chapter.
BULK. Any one or any combination of the following structural or site design characteristics:
(1) Size or height of structure;
(2) Location of exterior walls at all levels in relation to lot lines;
(3) Lot area;
(4) Yards or setbacks.
CANOPY. A roof-like structure similar to an awning, except that it cannot be raised or retracted to a position against the building.
CELLAR. A story having 50% or more of its height below the average grade of the adjoining ground.
CENTERLINE.
(1) The centerline of any right-of-way having a uniform width.
(2) The original centerline, where a right-of-way has been widened irregularly.
(3) The new centerline, whenever a road has been relocated.
CERTIFICATE OF ZONING COMPLIANCE, FINAL. A permit issued by the Zoning Administrator indicating that a newly completed structure complies with all pertinent requirements of this chapter and may, therefore, be occupied or used.
CERTIFICATE OF ZONING COMPLIANCE, INITIAL. A permit issued by the Zoning Administrator indicating that proposed construction work is in conformity with the requirements of this chapter and may, therefore, proceed.
CITY. Pinckneyville, Illinois.
CITY COUNCIL. The legislative body that governs the City of Pinckneyville, Illinois.
CLINIC. An establishment wherein licensed physicians or dentists practice medicine or dentistry, but where overnight lodging for sick or injured persons is not provided.
CLUB/LODGE. A nonprofit association of persons who are bona fide members organized for some purpose(s) and paying regular dues and whose facilities are restricted to members and their guests; but, not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
COMMERCIAL USE/ESTABLISHMENT. Any use or establishment wherein goods and/or services, are provided for remuneration, whether to the consuming public (retail) or to other businesses (wholesale).
COMMISSIONERS. Members of the City Council of the City of Pinckneyville, Illinois.
COMPREHENSIVE PLAN. The plan or any portion thereof adopted by this city to guide and coordinate the physical and economic development of the community. The comprehensive plan includes, but is not limited to, plans and programs regarding the location, character, and extent of highways; bridges; public buildings or uses; utilities; residential, commercial, or industrial land uses; parks, drainage facilities, etc.
CONFORMING. In compliance to the applicable provisions of this chapter.
CONVENIENCE STORE. Any small retail commercial or service establishment offering food and services.
CORRECTIVE ACTION ORDER. A legally binding order issued by the Zoning Administrator in accordance with the procedures set forth herein to effect compliance with this chapter.
COVERAGE. That percentage of the plot or lot area covered by the building area.
DAY CARE CENTER. Any child care facility which regularly provides day care for less than 24 hours per day for more than eight children in a family home, or more than three children in a facility other than a family home.
DETACHED. As applied to buildings, DETACHED means surrounded by yards on the same lot as the building.
DEVELOP. To erect any structure or to install any improvements on a tract of land, or to undertake any activity (e.g. grading) in preparation therefore.
DIMENSIONS. Refers to the depth and width of a lot or a structure.
DISTRICT, ZONING. A portion of the territory of the city wherein certain uniform requirements or various combinations thereof apply to structures, lots, and uses under the terms of this chapter.
DRIVE-IN RESTAURANT. An establishment principally used for the sale of fast-order food. Fast order food means:
(1) Primarily intended for immediate consumption.
(2) Available after a short waiting time.
(3) Packaged or presented in such a manner that it can be readily eaten outside the premises where it is sold.
DRIVE-IN THEATRE. A tract of land developed with facilities for projecting motion pictures on an outdoor screen for viewing from the patrons' automobiles parked on the premises.
DRIVEWAY. A minor way commonly providing vehicular access to a garage or off-street parking area.
DWELLING. A building or portion thereof designed or used primarily as living quarters for one or more families, but not including hotels, motels, bed and breakfast or other accommodations for the transient public.
DWELLING, COMMUNITY. 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 DWELLING does not include a dwelling 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 for a communicable disease.
DWELLING, MULTIPLE-FAMILY. A building or portion thereof containing three or more dwelling units.
DWELLING, SEASONAL. A structure used on a part-time basis for recreational purposes - not a primary dwelling (e.g. weekend cabin).
DWELLING, SINGLE-FAMILY. A dwelling on a permanent foundation containing one dwelling unit and intended or the occupancy of one family.
DWELLING, TWO-FAMILY. A dwelling containing two dwelling units, a duplex.
DWELLING UNIT. One or more rooms designed or used as living quarters by one family. A dwelling unit always includes bathroom and kitchen facilities.
EASEMENT. A legally-described right to use another person’s real property for certain limited purposes.
ENCLOSED. As applied to a building, ENCLOSED means covered by a permanent roof and separated on all sides from adjacent open space or other buildings by fixed exterior walls, with openings
only for windows and doors.
ENFORCEMENT OFFICER. The Chief of Police or an officer designated by the Chief of Police.
ENLARGE. To increase the size of any existing use or structure (i.e., principal or accessory). Synonym for EXTEND and EXPAND.
ERECT. To build, construct.
ESTABLISHMENT. Either of the following:
(1) An institutional, business, commercial, or industrial activity that is the sole occupant of one or more buildings.
(2) An institutional, business, commercial, or industrial activity that occupies a portion of a building such that:
(a) The activity is a logical and separate entity from the other activities within the building and not a department of the whole; and
(b) The activity has either a separate entrance from the exterior of the building, or a separate entrance from a common and clearly defined entryway that has direct access to the exterior of the building.
EXISTING. Actually built/constructed or in use and operation on the effective date of this chapter.
FAMILY. One person, or two or more persons related by blood, marriage or legal adoption, or not more than three unrelated persons, maintaining a common household in a dwelling unit.
FARMLAND OF STATEWIDE IMPORTANCE. Land, in addition to prime and unique farmlands, that is of statewide importance for the production of food, feed, fiber, forage and oilseed crops. Criteria for defining and delineating this land is to be determined by the appropriate state agency or agencies. Generally, farmlands of statewide importance include those that are nearly prime farmland and that economically produce high yields of crops when treated and managed according to acceptable farming methods.
FARMSTEAD. A farm and its buildings.
FENCE. An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land (also see LANDSCAPE FENCE).
FLOOD ELEVATION, REGULATORY. The elevation of the most severe flood that, on the basis of corps of engineers’ data, may be expected to occur once every 100 years.
FLOOD PLAINS. Flood plains as determined by the Federal Emergency Management Agency (FEMA) and as applicable to the National Flood Insurance Program (NFIP) mean the lowland and relatively flat areas adjoining inland and coastal waters, including flood prone areas that at a minimum, are subject to a one percent or greater chance of flooding in any given year (i.e., a 100 year flood plain).
FLOOD PLAIN AREA. The area adjacent to a watercourse and its tributaries having an elevation equal to or lower than the regulatory flood elevation. Tracts of land less than ten acres in area that, naturally or by landfill, have an elevation higher than the regulatory flood elevation shall be included in the floodplain area if they are surrounded by land in the floodplain area.
FLOOR AREA, GROSS. The sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the exterior walls or from the center of the common walls of attached
buildings. Gross floor area includes basement floors, attic floor space, halls, closets, stairwells, space devoted to mechanical equipment and enclosed porches.
FOUNDATION, PERMANENT. In order to be considered permanent, a foundation shall extend into the ground below the frost line so as to attach and become a part of the real estate. Materials such as concrete, mortared concrete block or mortared brick extending into the ground below the frost line, shall satisfy the requirement of a permanent foundation.
FRONT YARD. An open, unoccupied space on the same lot with a building, situated between the nearest roof or foundation portion of the principal building and the lot line adjacent to a street, and extending from side lot line to side lot line in the case of interior lots. On corner lots, front yard is dete1mined by postal address.
FRONTAGE. The lineal extent of the front (street-side) of a lot.
GARAGE PRIVATE. A detached accessory building or portion of a principal building used for the storage of self-propelled passenger vehicles or trailers of the occupants of the premises and/or nor more than one truck of a rated capacity not exceeding one and one-half tons.
GARAGE PUBLIC. Any building where automotive vehicles are painted, rebuilt, reconstructed and/or stored for compensation.
GROUP HOME. A single dwelling in which four or more unrelated persons live together as a single housekeeping unit with or without supervision. Examples of group homes would be homes for service-dependent populations, dormitories, fraternity/sorority houses, etc.
HEREAFTER. Any time after the effective date of this chapter.
HOME OCCUPATION. Any business, profession or occupation conducted for gain entirely on residential premises in conformity with the provisions of this chapter.
HOSPITAL. An institution devoted, on an around-the-clock basis, to the maintenance and operation of facilities for the diagnosis, treatment, or care for members of the general public suffering from disease, injury, or other abnormal physical conditions. The term HOSPITAL as used in this chapter includes sanitariums but excludes institutions operating solely for the treatment of insane persons, drug addicts, and alcoholics, and convalescent/nursing homes.
IMMOBILIZE. As applied to a mobile home, immobilize means to remove wheels, tongue and hitch and to place on a permanent foundation.
IMMOBILIZED MOBILE HOME. A mobile home served by individual utilities, resting on a permanent perimeter foundation which extends below the established frost depth with the wheels, tongue and hitch removed and the home secured in compliance with the Illinois Mobile Home Tie-Down Act of 1980.
INTENSIFY. To increase the level or degree of.
INTERMODAL CONTAINER. A large standardized shipping container, designed and built for freight transport across different modes of transport, including from ship to rail to truck without unloading and reloading the contents of the container. These containers are also referred to as container, cargo container, shipping container, sea or ocean container, container van or (Conex) box, or sea can.
INTERSECTION. The point at which two or more public rights-of-way (generally streets) meet.
JUNK/SALVAGE. Scrap materials (i.e. metal, paper, glass, plastics and similar commodities) and discarded items (vehicles, equipment, appliances, batteries, tires and similar products) that are potentially recyclable.
JUNK YARD. A tract of land, including any accessory structures thereon, that are used for buying, selling, exchanging, storing, baling, packing, disassembling, or handling waste or scrap materials. Such scrap materials include vehicles, machinery, and equipment not in operable condition (or parts thereof), and metals, glass, paper, plastics, rags, and rubber tires. A lot on which one or more inoperable vehicles are stored shall be deemed a junk yard. A JUNK YARD includes an automobile wrecking yard.
KENNEL. Any structure or premises or portion thereof on which more than three dogs, cats, or other household domestic animals, over four months of age are kept.
LANDSCAPE FENCE. A fence no greater than four feet in height, constructed of such materials and design to allow a view of the enclosed property through the LANDSCAPE FENCE. LANDSCAPE FENCES shall enhance the aesthetic appearance of a property. Picket, split-rail, and wrought iron fences are examples of acceptable landscape fences.
LAUNDROMAT. A business that provides home-type washing, drying, and/or ironing machines and/or dry-cleaning machines for hire to be used by customers on the premises.
LICENSED ESTABLISHMENT. A retail establishment where alcoholic liquor is drawn, poured, mixed, or otherwise served for consumption on the premises, and which is also licensed by the State of Illinois to have or operate a video gaming device in the City of Pinckneyville, including any licensed fraternal establishment or licensed veteran's establishment as defined in the Illinois Video Gaming Act (ILCS Ch. 230, Act 40, §§ 1 et seq.) A LICENSED ESTABLISHMENT includes VIDEO GAMING CAFÉ and VIDEO GAMING ESTABLISHMENT, defined as follows:
(1) VIDEO GAMING CAFÉ. A LICENSED ESTABLISHMENT whose primary focus is video gaming and the sale and service of alcohol, non-alcoholic drinks or food is incidental to the operation of video gaming, and where 75% or more of annual gross revenue is generated or reasonably projected to arise exclusively from the video gaming activities which shall be certified by the owner of the LICENSED ESTABLISHMENT upon request of the city.
(2) VIDEO GAMING ESTABLISHMENT. Any LICENSED ESTABLISHMENT that is not a VIDEO GAMING CAFÉ where video gaming terminals are an accessory use to the primary business activity of the establishment. The establishment has also secured a liquor license from the city and complies with all requirements of the city's liquor ordinances. The owner of the LICENSED ESTABLISHMENT shall certify upon request of city that annual gross revenue from gaming activities is less than 75% of all annual gross revenue of the establishment.
LIVESTOCK. Any animal not normally considered as a household domestic animal. Animals normally used for agriculture purposes, including horses, goats, cattle, sheep, chickens, ducks, swine, and mules, are considered to be livestock.
LOADING SPACE. An off-street space used for the temporary parking of a commercial vehicle while loading or unloading merchandise or material.
LOT. A tract of land intended as a unit for the purpose (whether immediate or future) of transfer of ownership or development. A LOT may or may not coincide with a LOT OF RECORD. LOT is synonymous with TRACT, PLOT, AND SITE.
LOT AREA. The area of a horizontal plane bounded by the front, side and rear lines of a lot. Application of minimum lot width and minimum lot depth should not be construed to satisfy minimum lot size.
LOT, CORNER. A lot having at least two adjacent lot lines that abut for their full length upon streets. Both such lot lines shall be deemed front lot lines.
LOT COVERAGE. The portion of a lot that is occupied by buildings or structures, including accessory buildings or structures.
LOT DEPTH. The average horizontal distance between the front lot line and the rear lot line of a lot.
LOT LINE, FRONT. Any lot boundary abutting a street.
LOT LINE, REAR. An interior lot line which is most distant from and most nearly parallel to the front lot line.
LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.
LOT OF RECORD. An area of land designated as a lot on a plat of subdivision or described by metes and bounds in a deed, and recorded with the Perry County Recorder.
LOT SIZE REQUIREMENT. The lot area, width, and depth requirements of the applicable district.
LOT THROUGH. Lot having a pair of approximately parallel lot lines that abut two approximately parallel streets. Both such lot lines shall be deemed front lot lines.
LOT WIDTH. The mean horizontal width of a lot measured at right angles to the side lot lines.
MAINTENANCE. The routine upkeep of a structure, premises or equipment, including the replacement or modification of structural components to the extent necessary to keep said structure, etc. in sound condition.
(1) Modular home.
(2) Mobile home registered with a motor vehicle title number.
MATERIALLY. As applied to the impact of one thing on another, MATERIALLY means significantly or substantially.
MINI WAREHOUSES. A building, or part of one, for the storage of goods, merchandise, etc. for rent to individuals or businesses for a fee.
MOBILE HOME PARK. A parcel in single ownership/control developed with facilities for accommodating occupied mobile homes in accordance with the requirements of § 154.283 of this chapter.
MOBILE HOME STAND. That part of a mobile home space beneath the mobile home that includes the concrete slab or runners on which the home is placed and to which it is anchored.
MOBILE/PORTABLE SIGN. Any street graphic not designed to be permanently attached to a building or part thereof or to be anchored to the ground. The street graphics primarily include but are not limited to signs attached to wood or metal frames designed to be self-supporting and movable; paper, cardboard or canvas signs wrapped around supporting poles; and the like. A portable sign may be converted into a freestanding sign upon terms and conditions set forth by the Zoning Commission.
MOTEL. An establishment providing transient accommodations containing six or more rooms.
NONCONFORMING. As applied to a lot, structure, or use, NONCONFORMING means:
(1) Lawfully existing on the effective date of this chapter or pertinent amendment thereto; but
(2) Not in compliance with the applicable provisions set forth herein.
NUISANCE. Any thing, condition or conduct that endangers health, unreasonably offends the senses, obstructs the free use and comfortable enjoyment of property and/or essentially interferes with the comfortable enjoyment of life.
NURSERY. A tract of land on which trees, shrubs, and other plants are raised for transplanting and sale, and including any structure in which said activities are conducted.
NURSERY SCHOOL. See DAY CARE CENTER.
NURSING HOME. A building used as a medical care facility for persons who need long-term nursing care and medical service, but do not require intensive hospital care.
OFFICE. Any building or portion thereof in which the business (usually clerical and administrative affairs) of a commercial/service enterprise or professional person is transacted.
ORDINANCE. A law set forth by a governmental authority; specifically: a municipal regulation.
OVERLAY DISTRICT. A zoning district superimposed over one or more standard (primary) zoning districts or portions thereof for the purpose of controlling special development problems.
PARKING AREA/LOT, OFF-STREET. Land that is improved in accordance with this chapter and used primarily for the storage of passenger motor vehicles, free of charge or for compensation. An OFF-STREET PARKING LOT, depending on the circumstances of its use, may be either a principal use or an accessory use.
PARKING SPACE, OFF-STREET. An area at least 20 feet long and ten feet wide within an off-street parking area or garage, used for the storage of one or more passenger motor vehicles.
PERMANENT HABITATION. A period of two or more months.
PERMITTED USE. Any use which is or may be lawfully established in a particular district provided it conforms with all the requirements applicable to such a district.
PERSON. Any individual, firm, association, organization or corporation body.
PLANNING COMMISSION. The Planning Commission of the City of Pinckneyville.
PLOT. A parcel of land consisting of one or more lots or portions thereof which is described by reference to a recorded plat or by metes and bounds.
POLE BARN. A typically metal clad structure most often utilizing wooden poles and trusses for support with unfinished, uninsulated interiors. Such structures are normally used for agricultural purposes, for construction trade storage, or for general storage and not intended for human habitation.
PREMISES. A lot and all the structures and uses thereon.
PRE-SCHOOL/NURSERY SCHOOL. A school for young children who have not yet attained school age, primarily children between the ages of three and five years old.
PRIME FARMLAND. Land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber and oilseed crops. As determined by the United States Department of Agriculture, prime farmland has the soil quality, growing season and moisture supply needed to economically produce sustained high yields of crops when treated and managed according to acceptable farming methods.
PRINCIPAL BUILDING/STRUCTURE/USE. The main structure erected on or the main use occupying a lot as distinguished from an accessory (subordinate) structure or use.
PROPERTY LINE. See LOT LINE.
RECONSTRUCT. As applied to nonconforming structures, RECONSTRUCT means to rebuild after partial or total destruction.
RECREATIONAL VEHICLE. A term encompassing any type of vehicle used primarily for pleasure such as travel trailers, motor homes, boats, snowmobiles, and the like.
REFUSE. Garbage (food wastes) and trash, but not sewage or industrial wastes.
RELOCATE. To move to another portion of a lot or to a different lot.
REPAIR. To restore to sound condition, but not to reconstruct.
RESIDENTIAL. That area containing mostly dwellings instead of stores, businesses, etc. used as a
place to live or relating to places where people live in dwellings.
RESTRICTIVE. To keep within prescribed limits.
RETAIL. The sale of goods or services directly to the consumer rather than to another business.
RIGHT-OF WAY, PUBLIC. A strip of land which the owner/subdivider has dedicated, granted or sold to a unit of government for streets, alleys, or other public purposes.
ROOF LINE. The edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette, on the side of the building where the street graphic is located.
SALVAGE YARD/RECYCLING CENTER. Any area where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used-lumber yards, and yards for storage of salvaged house wrecking and structural steel materials and equipment; including establishments where such uses are conducted entirely
within a completely enclosed building, but not including establishments for the sale, purchase, or storage of used cars in operable condition, or storage of materials incidental to manufacturing operations
SANITARY LANDFILL. A tract of open land used for the permanent disposal of refuse in accordance with the requirements of the Illinois Environmental Protection Agency (IEPA). At a SANITARY LANDFILL the refuse is periodically covered with soil or foam, as approved by the IEPA.
SATELLITE DISH ANTENNA. A combination of:
(1) Dish antenna whose purpose is to receive communications or other signals from orbiting satellites and other extraterrestrial sources.
(2) A low-noise amplifier (LNA) which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals.
(3) A coaxial cable whose purpose is to carry the signals into the interior of the building.
(4) Any supporting structures, guy wires or similar devices intended to secure or mount the antenna dish.
SCREENING. Trees, shrubs, walls, solid fences, and the like, used as a means of visual and noise control.
SERVICE-DEPENDENT POPULATION.Those persons who, by reason of mental or physical disability, require supervision in a quasi-parental relationship but do not require medical or nursing care on site. A service-dependent population shall not include persons for whom such services are a requirement of a sentence upon conviction of a criminal offense or whose need for such service arises during or immediately following a sentence of incarceration for a criminal offense nor for the treatment or rehabilitation of drug or alcohol addiction.
SERVICE STATION. A building and premises or portion thereof designed and used for the retail sale of gasoline or other automotive fuel, oil, and automotive parts, supplies, and accessories. A filling station may include facilities for washing vehicles and for making minor automotive repairs.
SERVICE USE/ESTABLISHMENT. Any use or establishment wherein services are provided for remuneration either to individuals or to other firms.
SETBACK. The horizontal distance from the lot line in question to the side of the structure facing that lot line or to the edge of the area of operation of the principal use in the case of a use which does not involve a structure.
SETBACK LINE. See BUILDING LINE.
SITE-BUILT HOUSING. Structures intended for residential use built from the sub-component level with a minimum of off-site assembly. Site-built housing must be constructed on a permanent foundation or basement. Pole barns shall not be considered site-built housing.
SKIRTING. The covering affixed to the bottom of the exterior walls of a mobile home to conceal the underside thereof.
SOLAR ENERGY. The following terms are related to solar energy.
(1) COMMERCIAL SOLAR ENERGY SYSTEM. A utility-scale facility of solar energy collectors with the primary purpose of wholesale or retail sales of generated electricity. Commonly referred to as solar farms.
(2) GROUND-MOUNTED SOLAR ENERGY COLLECTOR. A solar energy collector that is not attached to and is separate from any building on the parcel of land on which the solar energy collector is located.
(3) ON-SITE. Solar energy system designed to help meet the electrical needs within the limits of the area encompassed by the tract area or parcel of record on which the activity is conducted.
(4) RACKING. A structure or building material used in the mounting of solar panel.
(5) ROOF-MOUNTED SOLAR ENERGY COLLECTOR. A solar energy collector that is attached to a building's roof on the parcel of land including solar shingles.
(6) SOLAR COLLECTOR. A device or combination of devices, structure, or part of a device or structure that transforms direct solar energy into thermal, chemical, or electrical energy and that contributes significantly to a structure's energy supply.
(7) SOLAR ENERGY. Radiant energy (direct, diffuse, and reflected) received from the sun.
(8) SOLAR ENERGY SYSTEM. A solar collector or other device or structural design feature of a structure that relies upon sunshine as an energy source and is capable of collecting, distributing, and storing (if appropriate to the technology) the sun's radiant energy for a beneficial use.
(9) SOLAR PANEL. A panel consisting of an array of solar cells used to generate electricity directly from sunlight
(10) SOLAR SHINGLES. A roofing product made by combining thin film solar technology (which converts sunlight to electricity) with a durable backing to provide a structural roof shingle comparable to traditional roofing shingles.
SPECIAL USE. A use that has unusual operational, physical or other characteristics which distinguish it from the permitted uses of a district, but which can be made compatible with the intended overall development within a district. Special uses are allowed only by permit and generally must meet special standards not necessarily applicable to permitted uses in the district.
SPECIAL USE PERMIT. A permit issued in accordance with the provisions of this chapter to regulate development of a special use.
STABLE. A structure, situated on the same lot as a dwelling, and designed or used for housing horses for the private use of occupants of the dwelling, but not for hire.
STOP ORDER. A type of corrective action order used by the Zoning Administrator to halt work in progress that is in violation of this chapter.
STORY. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, or the ceiling or roof next above such floor; provided, that for the purpose of determining the required dimensions of yards and counts, when the average story height of a building exceeds 12 feet, each 12 feet or fraction thereof of the total building height shall be considered a separate full story or fractional story respectively, except the first story which may be 15 feet high.
STREET. A public or private way for motor vehicle travel. The term STREET includes a highway, thoroughfare, parkway, through way, road, pike, avenue, boulevard, lane, place, drive, court and similar designations, but excludes an alley or a way of pedestrian or bicycle use only.
STREET, PRIVATE. Any street providing access to abutting property that is not maintained by and dedicated to the city or other unit of government.
STRINGENT. Binding, exacting.
STRUCTURE. Anything constructed or erected on the ground, or attached to something having a fixed location on the ground. All buildings are structures but not all structures are buildings. For the purpose of this chapter, fences or freestanding walls shall not be considered structures.
STRUCTURE, TEMPORARY. Any structure that is not attached to a permanent foundation.
TEMPORARY USE PERMIT. A permit issued in accordance with this chapter and valid for not more than one year, which allows the occupation of a temporary structure or the operation of a temporary enterprise.
TOPOGRAPHY. The relief features or surface configuration of an area.
TRAVEL TRAILER. A mobile structure designed for temporary occupancy which is designed to be moved by a motor vehicle (i.e., recreational vehicles).
TRAVEL TRAILER PARK. A lot developed with facilities for accommodating temporarily occupied travel trailers, including campgrounds, recreational camps and private/leased lots used for weekend homes, mobile homes, campers and RV (recreational vehicles).
USE. The purpose or activity for which land or a structure thereon is designed, arranged, intended, occupied and/or maintained.
USE VARIANCE. A type of amendment (not a variance) that allows a use in a district where such use would not be allowed under existing provisions of this chapter.
UTILITY SUBSTATION. A secondary utility facility such as an electrical substation, gas regulator station, telephone exchange facility, sewage treatment plant, etc.
VARIANCE. A relaxation of the strict application of the lot size, setbacks, or other area-bulk requirements applicable to a particular lot or structure.
VEHICLE REPAIR, MAJOR. Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repairs; and over-all painting of vehicles.
VEHICLE REPAIR, MINOR. Incidental repairs, replacement of parts, and motor service to automobiles, but not including any operation specified under VEHICLE REPAIR, MAJOR.
WETLANDS. Are those areas as determined by the Natural Resource Conservation Service and U.S. Army Corps of Engineers. Wetlands generally include swamps, marshes, bogs and similar areas, such as sloughs, potholes, wet meadows, river overflows, mudflats and natural ponds.
WHOLESALE. The sale of goods or services by one business to another business.
YARD. Open space that is unobstructed except as specifically permitted in this chapter and that is located on the same lot as the principal structure.
YARD, FRONT. A yard which is bounded by the side lot lines, front lot lines, and the building line.
YARD LINE. A line in a lot that is parallel to the lot line along which the yard in question extends and which is not nearer to such lot line at any point than the required depth or width of said yard.
YARD, REAR. A yard which is bounded by the side lot lines, the rear lot line, and the building line.
YARD, SIDE. A yard which is bounded by the rear lot line, front lot line, side lot line, and the building line.
ZONING MAP. The adopted official map and any amendments thereto designating zoning districts, and incorporated into this chapter by reference.
(Ord. O-2014-06, passed 8-11-14; Am. Ord. O-2017-13, passed 5-22-17; Am. Ord. O-2018-06, passed 2-26-18; Am. Ord. O-2020-28, passed 10-26-20; Am. Ord. O-2023- 07, passed 5-22-23)