The following words and terms, whenever they occur in this Title shall be interpreted as herein defined:
ACCESSORY BUILDING or USE:
A. An "accessory building or use" is one which:
1. Is subordinate to and serves a principal building principal use.
2. Is subordinate in area, extent or purpose to the principal building or principal use served.
3. Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served.
B. 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. Incinerators incidental to residential use. (Ord. 1979-7, 6-25-1979)
6. (Rep. by Ord. 2002-2, 1-28-2002)
7. (Rep. by Ord. 2002-2, 1-28-2002)
8. Swimming pool, private, for use by the occupant and his guests.
9. Off street motor car parking areas, and loading and unloading facilities.
10. Signs (other than advertising signs) as permitted and regulated in each district incorporated in this title.
11. Carports.
12. Public utilities: telephone, electric, gas, water and sewer lines, their supports and incidental equipment. (Ord. 1979-7, 6-25-1979)
13. Satellite television antenna and satellite dishes as regulated under the provisions of this title. (Ord. 1987-15, 8-10-1987)
ACREAGE: Any tract or parcel of land having an area of one acre or more which has not been subdivided by metes and bounds or platted.
ALLEY: A public way, not more than thirty feet (30') wide, which affords only a secondary means of access to abutting property.
ANIMAL HOSPITAL: Any building or portion thereof designed or used for the care, observation or treatment of domestic animals.
APARTMENT: A room or suite of rooms in a multiple-family structure which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen facilities, permanently installed, must always be included for each apartment.
AUTOMOBILE LAUNDRY: A building or portion thereof containing facilities for washing more than two (2) motor vehicles using production line methods.
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 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 minor accessories and the services of automobiles; but not including major automobile repairs; and including washing of automobiles where production line methods are not used. When the dispensing sale or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage. Automobile service stations shall not include sale or storage of automobiles or trailers (new or used).
AUTOMOBILE WRECKING YARD: Any place 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 wrecking or storing of such motor vehicles or parts thereof; and including the commercial salvaging of any other goods, articles or merchandise.
AWNING: A rooflike cover, temporary in nature, which projects from the wall of a building or overhangs the public way.
BASEMENT: A story, partly or wholly underground. Where more than one-half (1/2) of its height is above the established curb level or above the average level of the adjoining ground where the curb level has not been established, a basement shall be counted as a story for purposes of height measurement. (Ord. 1979-7, 6-25-1979)
BED AND BREAKFAST ESTABLISHMENT: An owner-occupied residence providing overnight accommodations available to the general public for compensation. Bed and breakfast establishments shall not include hotels, motels, boarding houses, lodging rooms, or food service establishments as defined in this Chapter. A bed and breakfast establishment shall meet all of the following requirements:
A. Shall have no more than five (5) guest rooms for rent.
B. Shall be in operation for at least six (6) nights in a six (6) month period.
C. Shall maintain a guest register which shall be available at all times for inspection.
D. Shall be located in a single-family detached dwelling, not an accessory building or garage.
E. Shall satisfy all requirements of the Kendall County Health Department and the City of Plano Building Department and shall be in complete compliance with all City zoning ordinances and building codes prior to the issuance of occupancy permits.
F. In addition to the parking requirements for a single-family detached dwelling, the bed and breakfast establishment shall provide one additional space for each guest room. The off- street parking for a bed and breakfast establishment shall not be located in any required yard, but it shall be screened from adjacent properties by a landscape screen of at least fifty percent (50%) opacity.
G. Only one sign shall be permitted for each bed and breakfast establishment. The maximum size of such sign shall be four (4) square feet per sign face.
H. Each guest room may have its own private bath. No guest room shall have any kitchen facilities.
I. Guest room shall mean sleeping room intended to serve no more than two (2) adult transient guests per night.
J. Accommodations shall be provided in guest rooms only. The length of stay in a bed and breakfast establishment shall be a maximum of one week.
K. Any application for a special use shall include, in addition to all other documents required for a special use application, floor plans drawn to scale accurately showing the guest rooms in relation to the rest of the single-family detached dwelling.
L. Every bed and breakfast establishment shall be operated and maintained in accordance with the standards set forth in the Illinois Bed and Breakfast Act. (Ord. 1999-3, 1-25-1999)
BILLBOARD: Any structure or portion thereof upon which are signs or advertisements used as an outdoor display. This definition does not include any bulletin boards used to announce church services or to display court or other public office notices, or signs offering the sale or lease of the premises on which the sign is located.
BLOCK: A tract of land bounded by streets or, in lieu of a street or streets, by public parks, cemeteries, railroad rights of way, bulkhead lines or shorelines of waterways or corporated boundary lines of municipalities.
BOARDING HOUSE: A building other than a motel or restaurant where meals are provided for compensation to four (4) or more persons, but not more than twelve (12), who are not members of the keepers' family. (Ord. 1979-7, 6-25-1979)
BUILDABLE ACREAGE: The total acreage of the property minus the following:
A. Wetlands and land that is generally inundated with water (under ponds, lakes, creeks, etc.),
B. All of the floodway and floodway fringe within the 100-year floodplain, as shown on the official FEMA maps,
C. Land within the right of way or easement of an existing or proposed roadway,
D. Land within an existing permanent easement prohibiting development (including utilities, drainage, access and pipelines),
E. Land with slopes exceeding twenty five percent (25%), or soils and subsurface geology subject to slumping shall also be subtracted from the total acreage when determining a property's buildable acreage. (Ord. 2002-49, 12-9-2002)
BUILDABLE AREA: The space remaining on a building lot after the minimum yard requirements of this title have been complied with.
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, 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 walls or party walls, pierced only by windows and normal entrance or exit doors.
BUILDING, DETACHED: A building surrounded by open space on the same zoning lot.
BUILDING HEIGHT: The vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and the 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. (See end of this chapter for diagram.)
BUILDING INSPECTOR: The building and zoning administrator/inspector of the city or his duly authorized representative.
BUILDING LINE: A line or lines, including the building setback line, on the horizontal surface of a lot, parallel to the front, side and rear lot lines, and located at a distance prescribed by the yard regulations of this title beyond which no portion of a building may extend except as provided by this title. (See end of this chapter for diagram.)
BUILDING, NONCONFORMING: Any building which does not conform to the regulations of this title prescribing the use, required yards, coverage, height and setbacks, minimum required spacing between buildings on a single lot and minimum required usable open space for the district in which such building is located.
BUILDING, PRINCIPAL: A nonaccessory building in which the principal use of the zoning lot on which it is located is conducted.
BUILDING SETBACK LINE: A line parallel to the street line of a distance from it, regulated by the front yard requirements set up in this title. (See end of this chapter for diagram.)
BUILDING, TEMPORARY: Any building not designed to be permanently located in the place where it is, or where it is intended to be placed or affixed.
BULK: The term used to 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 centerlines of the streets, to other walls of the same buildings and to other buildings or structures, and to all open spaces relating to the building or structure.
BUS LOT: Any lot or land area used for the storage or layover of passenger uses or motor coaches.
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: An automobile shelter with two (2) or more sides open.
CELLAR: A story having more than one-half (1/2) 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 purposes of height measurement. (Ord. 1979-7, 6-25-1979)
CHILD: Any person under eighteen (18) years of age.
CHILDCARE FACILITY: Any person, group of persons, agency, association or organization which arranges for or cares for children unrelated to the operator of the facility, apart from the parents in any facility. Childcare facilities may be established for profit or not for profit. A childcare facility shall be subject to such special use conditions as to the number of children, the hours of operation and such other restrictions as may be imposed pursuant to the special use permit issued by the city council. (Ord. 1991-35, 11-25-1991)
CITY: The city of Plano.
CITY COUNCIL: The city council of the city of Plano.
CLINIC OR MEDICAL HEALTH CENTER: An establishment where patients are admitted for special study and treatment by two (2) or more licensed physicians or dentists and their professional associates, practicing medicine together.
CLUB OR LODGE, PRIVATE: A nonprofit association of persons who are bona fide members paying annual dues which owns, hires or leases a building or portion thereof, the use of such premises being restricted to members and their guests. It shall be permissible to serve food and meals on such premises, provided that adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed in conjunction with the operation of a dining room for the purpose of serving food and meals, though such beverages may be served in a separate room or rooms, and provided that such sale of alcoholic beverages is in compliance with the applicable local, federal, and state laws, and county ordinances. (Ord. 1979-7, 6-25-1979)
COMMERCIAL VEHICLES: Any motorized or towed contrivance whose primary purpose is to perform work of a commercial or business nature and not intended for basic transportation. This includes, but is not limited to, tractor trailers, delivery trucks, dump trucks, and excavation equipment of any type, and trailers used to transport any of the above. (Ord. 2006-40, 5-8-2006)
CONFORMING BUILDING OR STRUCTURE: A building or structure which:
A. Complies with all the regulations of this title or of any amendment hereto governing bulk of the district in which said building or structure is located; and
B. Is designed or intended for a permitted or conditional use as allowed in the district in which it is located.
COURT: An open, unoccupied space other than a yard, on the same lot with a building or group of buildings, and which is bounded on two (2) or more sides by such building or buildings.
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". (Ord. 1979-7, 6-25-1979)
DAYCARE CENTER: Any childcare facility which regularly provides daycare for less than twenty four (24) hours per day for more than eight (8) children in a family home, or for more than three (3) children in a facility other than a family home. A daycare center shall be subject to such special use conditions as to the number of children, the hours of operation and such other restrictions as may be imposed pursuant to the special use permit issued by the city council. (Ord. 1991-35, 11-25-1991)
DECIBEL: A unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure the intensity of sound are calibrated in "decibels". (Ord. 1979-7, 6-25-1979)
DECK: See definition of Porch, Open (Open Porch). (Ord. 1991-35, 11-25-1991)
DENSITY, GROSS: A ratio of the total number of dwelling units on a site, divided by the total acreage of the site, to include streets, schools, parks, etc. Expressed as dwelling units per acre.
DENSITY, NET: A ratio of the total number of dwelling units on a site, divided by the number of acres used exclusively for a residential type acreage not to include schools, parks, streets, etc. Expressed as dwelling units per acre.
DISPLACEMENT (EARTH): The amplitude or intensity of an earthborn vibration (earth) measured in inches. The displacement or amplitude is one-half (1/2) the total earth movement.
DISTRICT: A section or part of the unincorporated portion of the city for which the use regulations are uniform.
DRIVE-IN ESTABLISHMENT: An establishment, or part thereof, in which are provided facilities where serving or consuming commodities or both are intended to occur primarily in patrons' automobiles parked on the premises.
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, motels, boarding or lodging houses.
DWELLING, ATTACHED: A dwelling joined to two (2) other dwellings by party walls or vertical cavity walls and aboveground, physically unifying horizontal structural elements.
DWELLING, DETACHED: A dwelling which is surrounded on all sides by open space on the same lot.
DWELLING, MULTIPLE-FAMILY: A building, or portion thereof, designed or altered for occupancy by three (3) or more families living independently of each other.
DWELLING, ONE-FAMILY: A dwelling unit designed exclusively for use and occupancy by one family.
DWELLING, SEMI-DETACHED: A dwelling joined to one other dwelling by party wall or vertical cavity wall and above ground, physically unifying horizontal structural elements.
DWELLING, TWO-FAMILY: A building designed or altered to provide dwelling units for occupancy by two (2) families.
DWELLING UNIT: One or more rooms in a residential structure which is arranged, designed, used or intended for use by one family, plus not more than four (4) lodgers, for living or sleeping purposes, and which includes complete kitchen facilities permanently installed.
EFFICIENCY UNIT: A dwelling unit consisting of one principal room, exclusive of bathroom, kitchen, hallway, closets, or dining alcove directly off the principal room.
EQUIVALENT OPACITY: The shade on the Ringelmann Chart that most closely corresponds to the density of smoke, other than black or gray.
ERECT: The act of placing or affixing a component of a structure upon the ground or upon another such component.
ESTABLISHMENT, BUSINESS: A separate place of business having the following three (3) characteristics:
A. The ownership and management of all operations conducted within such establishment is separate and distinct from the ownership and management of operations conducted within other establishments on the same or adjacent zoning lots.
B. Direct public access to such business establishment is separate and distinct from direct access to any other business establishment.
C. There is not direct public access from within such establishment to any other such establishment.
When adjacent places of business lack one of the aforesaid characteristics with respect to one another, they shall then be considered as a single "business establishment" for the purpose of this Title.
FALLOUT SHELTER: An accessory building and use which incorporates the fundamentals for fallout protection-- shielding mass, ventilation, and space to live--and which is constructed of such materials, in such a manner, as to afford to the occupants substantial protection from radioactive fallout.
FAMILY: One or more persons related by blood, marriage or adoption, or a group of not more than five (5) persons (excluding servants) who need not be related by blood, marriage or adoption, living together and maintaining a common household, but not including clubs, sororities, fraternities or other similar organizations.
FENCE: A structure, including gates, or tree or shrub hedge which is a barrier and used as a boundary or means of protection or confinement.
FENCE, OPEN: A fence which has over its entirety at least fifty percent (50%) of the surface area in open space as viewed at right angles from the fence; except that the required open space in louver-type fences may be viewed from any angle.
FENCE, SOLID: A fence which conceals from view from adjoining properties, streets or alleys, activities conducted behind it.
FLOOD CREST ELEVATION: The elevation of the highest flood level that has been or may be subsequently designated by the City Planning Consultant and/or City Engineer. The flood crest elevation designated by the City Planning Consultant and/or City Engineer shall be based upon a storm water drainage map showing flood crest elevations of appropriate locations as approved by the City Council.
FLOOD PLAIN AREA: That continuous area adjacent to a stream or stream bed, or any storm water retention area and its tributaries, whose elevation is equal to or lower than the flood crest elevation, including also land having an elevation higher than flood crest elevation but less than ten (10) acres in area and surrounded by land in a flood plain area or an area of such elevations secured by land fill projecting into a flood plain area.
Any point shall be deemed to be within the flood plain area if it falls below the elevation of a high-water mark, as the elevation of the mark is projected in horizontal directions perpendicular to the flow of the stream and thence to intersections at an equal elevation with the land on either side of the stream. Any point between the aforedescribed projections of any two (2) high-water marks shall be deemed within the flood plain area if it is at an elevation equal to or lower than similar projections of the interpolated flood crest elevation. The interpolated flood crest elevation is the calculated elevation of the flood crest at the center line of the stream between two (2) known flood crests of the nearest upstream and downstream high-water marks; and the difference in elevation between the flood crest at this location and at either of the high-water mark projections is directly proportional to the difference in stream center line distance between the two (2) high-water mark projections.
FLOOR AREA (For Determining Floor Area Ratio): The sum of the gross horizontal areas of the several floors, including also the basement floor of a building, measured from the exterior faces of the exterior walls, or from the center lines of walls separating two (2)buildings. The "floor areas" shall also include the horizontal areas on each floor devoted to:
A. Elevator shafts and stairwells.
B. Mechanical equipment, except if located on the roof, when either open or enclosed, i.e., bulkheads, water tanks and cooling towers.
C. Habitable attic space as permitted by the Building Code of the City.
D. Interior balconies and mezzanines.
E. Enclosed porches.
F. Accessory uses.
The "floor area" of structures used for bulk storage of materials, i.e., grain elevators and petroleum tanks, shall also be included in the "floor area" and such "floor area" shall be determined on the basis of the height of such structures with one floor for each ten feet (10') of structure height and if such structure measures less than ten feet (10') but not less than five feet (5') over such floor height intervals, it shall be construed to have an additional floor. The horizontal area in each floor of a building devoted to off-street parking and off-street loading facilities and the horizontal area of a cellar floor shall not be included in the "floor area".
"Floor area", when prescribed as the basis of measurement for off-street parking spaces and off-street loading spaces for any use, shall be the sum of the gross horizontal area of the several floors of the building, excluding areas used for accessory off-street parking facilities and the horizontal areas to the basement and cellar floors that are devoted exclusively to uses accessory to the operation of the entire building. All horizontal dimension shall be taken from the exterior of the walls.
FLOOR AREA RATIO: The numerical value obtained by dividing the floor area within a building or buildings on a lot by the area of such lot. The floor area ratio as designated for each district when multiplied by the lot area in square feet shall determine the maximum permissible floor area for the building or buildings on the lot. (See end of Chapter for Diagram)
FLOOR AREA, USABLE: Any floor area within outside walls of a residential building exclusive of areas in cellars, basements, unfinished attics, garages, open porches and accessory buildings, but including any area "roughed in" but not completed which is designed and intended for human occupancy.
FOOT-CANDLE: A unit of illumination, equivalent to the illumination at all points which are one foot distant from a uniform point source of one candlepower.
FOOT-LAMBERT: A unit of brightness, usually of a reflecting surface. A diffusion surface of uniform brightness reflecting or emitting the equivalent of the light from one candle at one foot distant over one square has a brightness of one foot-lambert.
FREQUENCY: The number of oscillations per second in a sound wave, measuring the pitch of the resulting sound.
FUEL BULK STATION: A place where crude petroleum, gasoline, naphtha, benzine, benzol, kerosene or other flammable liquid which has a flash point at or below two hundred degrees (200o) Fahrenheit (closed cup tester) is stored for wholesale purposes, where the aggregate capacity of all storage tanks is more than eight thousand (8,000) gallons, regardless of whether the fuel is stored above the ground, underground or in mobile tank cars or trucks.
GARAGE, BUS: Any building used or intended to be used for the storage of three (3) or more passenger motor buses, or motor coaches used in public transportations, excluding school buses.
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; provided, that not more than one-half (1/2) of the space may be rented for the private vehicles of persons not resident on the premises; except, that all the space in a garage of one or two (2) car capacity may be so rented. Such a garage shall not be used for more than one commercial vehicle and the load capacity of such vehicle shall not exceed five (5) tons.
GARAGE, PUBLIC: Any building where automotive vehicles are painted, repaired, rebuilt, reconstructed and/or stored for compensation.
GRADE: The established grade of the street or sidewalk. Where no such grade has been established, the grade shall be the elevation of the sidewalk at the property line. Where no sidewalks exist, the grade shall be the average elevation of the street adjacent to the property line. Except in cases of unusual topographic conditions, as determined by the building inspector, grade shall be the average elevation of the finished surface of the ground adjoining the exterior walls of a building at the base of a structure.
GROUND FLOOR AREA: The lot area covered by a principal building, measured at highest ground grade, adjacent to building, from the exterior faces of the exterior walls, but excluding open porches or terraces, and garages or carports.
GUEST, PERMANENT: A person who occupies or has the right to occupy a lodging house, rooming house, boarding house, hotel, apartment hotel or motel accommodation as his domicile and place of permanent residence.
HOME OCCUPATION: A business, profession, occupation or trade conducted for gain entirely within a residential building, or when permitted by this title, within a structure that is accessory to a residential building.
In all residence districts, any customary home occupation shall be permitted provided that:
A. It is conducted entirely within the dwelling by a member of the family residing in the dwelling and when such home occupation is incidental and secondary to the use of the dwelling for dwelling purposes.
B. It is not conducted from a detached or attached accessory building or require internal or external alteration, or involve construction features or use of equipment not customary in a dwelling, and the entrance to the space devoted to such occupation shall be from within the dwelling and not more than one-fourth (1/4) of the floor area of a story including also a cellar of the dwelling is devoted to such home occupation.
C. There is no display or activity that will indicate from the exterior of the dwelling that it is being used in whole or in part for any use other than a dwelling, except one nameplate, no more than one square foot in area which contains only the name of the occupant of the dwelling and the home occupation conducted therein and is attached to the dwelling and not illuminated, shall be permitted.
D. It is conducted by only a member of the family residing on the premises, plus only one additional person, whether or not a member of such family.
E. No mechanical equipment is used, except such as is customarily used for purely domestic or household purposes.
F. No stock in trade is kept or sold, including also such as are made on the premises, or services rendered on the premises that require receipt or delivery of merchandise, goods or equipment by other than U.S. letter carrier mail service or the passenger automobile of the person conducting the home occupation. (Ord. 1979-7, 6-25-1979)
G. (Rep. by Ord. 2003-28, 6-23-2003)
H. All provisions of section 5-3-12 of this title are complied with.
HOSPITAL OR SANITARIUM: An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care, for not less than twenty four (24) hours in any week, of three (3) or more nonrelated individuals suffering from illness, disease, injury, deformity or other abnormal physical conditions. The term "hospital" as used in this title does not apply to institutions operating solely for the treatment of insane persons, drug addicts, liquor addicts or other types of cases necessitating restraint of patients, and the term "hospital" shall not be used for convalescent, nursing, shelter or boarding homes.
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, travelers or temporary guests. Facilities provided may include maid service, laundering of linen used on the premises, telephone and secretarial or desk service, restaurants, cocktail lounges, meeting rooms and ancillary retail uses provided access to such uses are from the exterior of the principal use.
HOUSEHOLDER: The occupant of a dwelling unit who is either the owner or lessee thereof.
IMPACT NOISE: A short duration sound such as those from a forging hammer or punch press.
INCOMBUSTIBLE: A material which will not ignite nor actively support combustion during an exposure for five (5) minutes to a temperature of one thousand two hundred degrees (1200o) Fahrenheit.
INSTITUTION: A building occupied by a not-for-profit corporation wholly for public or private use.
JUNK YARD: An open area where waste, scrap metal, paper, rags or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled including auto, farm implements and machinery, and building wrecking yards, but excluding similar uses taking place entirely within a completely enclosed building.
JUNKER: An automobile, truck or other motor vehicle which has been damaged to such an extent that it cannot be operated under its own power and will require major repairs before being made usable, or such a vehicle which does not comply with State or County laws or ordinances for vehicles.
KENNEL, COMMERCIAL: Any lot or premises or portion thereof on which more than four (4) dogs, cats and other household domestic animals, over four (4) months of age, are kept for sale, or on which more than two (2) such animals are boarded for compensation.
LABORATORY, COMMERCIAL: A place devoted to experimental study such as testing and analyzing. Manufacturing assembly or packaging of products is not included within this definition.
LAUNDERETTE: A business that provides coin-operated self-service types washing, drying, dry-cleaning and ironing facilities, providing that:
A. Not more than four (4) persons, including owners, are employed on the premises; and
B. No pick-up or delivery service is maintained.
LOADING and UNLOADING SPACE, OFF-STREET: An open, hard-surfaced area of land other than a street or public way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors and trailers to avoid undue interference with public streets and alleys. Such space shall not be less than ten feet in width, thirty five feet in length and fourteen feet in height (10' x 35' x 14'), exclusive of access aisles and maneuvering space.
LODGING or ROOMING HOUSE: A building with not more than five (5) guest rooms where lodging is provided for compensation pursuant to previous arrangement, but not open to the public or overnight guests.
LOT: A parcel of land legally described as a distinct portion or piece of land of record.
LOT AREA: The area of a horizontal plane bounded by the 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. (See end of this Chapter for Diagram)
LOT COVERAGE: The area of a zoning lot occupied by the principal building or buildings and accessory buildings. (See end of this Chapter for Diagram)
LOT DEPTH: The mean horizontal distance between the front and rear lot lines of a lot measured with the lot boundaries. (See end of this Chapter for Diagram)
LOT FRONTAGE: The front of a lot shall be that boundary of a lot along a public or private streets; for a corner lot the front shall be the narrowest side edge of the lot fronting on a street; provided, that the owner may orient his building toward either street.
LOT INTERIOR: A lot other than a corner lot or reversed corner lot. (See end of this Chapter for Diagram)
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 line.
LOT LINE, FRONT: The front property line of a zoning lot. (See end of this Chapter for Diagram)
LOT LINE, INTERIOR: A side lot line common with another lot.
LOT LINE, REAR: The lot line or lot lines most nearly parallel to and more remote from the front lot line. (See end of this Chapter for Diagram)
LOT LINE, SIDE: Lot lines other than front or rear lot lines. (See end of this Chapter for Diagram)
LOT OF RECORD: A lot which is a part of a subdivision or a parcel of land described by deed and where both the map and the deed were recorded in the office of the Recorder.
LOT, REVERSED CORNER: A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not. (See end of this Chapter for Diagram)
LOT, THROUGH: A lot having frontage on two (2) parallel or approximately parallel streets, and which is not a corner lot. On a through lot both street lines shall be deemed front lot lines. (See end of this Chapter for Diagram)
LOT WIDTH: The mean horizontal distance between the side lot lines measured within the lot boundaries, or the minimum distance between the side lot lines within the buildable area. (See end of this Chapter for Diagram)
LOT, ZONING: A plot of ground made up of one or more parcels which are or may be occupied by a use, building or buildings, including the yards and open spaces required by this Title.
MANUFACTURING ESTABLISHMENT: An establishment, the principal use of which is manufacturing, fabricating, processing, assembly, repairing, storing, cleaning, servicing or testing of materials, goods or products.
MARQUEE or CANOPY: A rooflike structure of a permanent nature which projects from the wall of a building or overhangs the public way and is designed and intended to protect pedestrians from adverse weather conditions.
MOBILE HOME: A trailer designed and constructed for dwelling purposes which contains cooking, sanitary and electrical facilities and has a gross area of two hundred twenty (220) square feet or more.
MOBILE HOME PARK: A lot, parcel or tract of land developed with facilities for accommodating two (2) or more mobile homes, provided each mobile home contains a kitchen flush toilet and shower or bath; and such park shall be for use only by nontransient dwellers remaining continuously for more than one month, whether or not a charge is made. It shall not include a sales lot in which automobiles or unoccupied mobile homes or other trailers are parked for the purpose of inspection or sale; except mobile homes located on a site in the mobile home park which are occupied or vacant for not more than ninety (90) days after occupancy may be sold or offered for sale.
MOTELS, MOTOR LODGES, TOURIST COURTS: A group of attached or detached buildings containing individual sleeping and living units, designed for or used temporarily by automobile tourists or transients, with garage attached or parking space conveniently located to each unit, including auto courts, motels or motor lodges, but not including mobile homes.
MOTOR FREIGHT TERMINAL: A building in which freight brought to said building by motor truck is assembled and sorted for routing in intrastate and interstate shipment by motor truck.
MOTOR VEHICLE: A passenger vehicle, truck, truck-trailer, trailer, or semi- trailer propelled or drawn by mechanical power.
NAMEPLATE: A sign indicating the name and address of a building or the name of an occupant thereof, and the practice of a permitted occupation therein.
NONCONFORMING USE: Any building, structure or land lawfully occupied by use or lawfully established at the effective date hereof which does not conform after the effective date hereof with the use regulations of this Title.
NOXIOUS MATTER: Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the psychological, social or economic well-being of human beings.
NURSERY SCHOOL or DAY NURSERY: An institution providing care for three (3) or more children under the age of seven (7) years for periods of more than four (4) hours but not exceeding twenty four (24) hours.
NURSING HOME or REST HOME: A 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.
OBSTRUCTION: An obstacle, impediment or hindrance.
OCTAVE BAND: A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.
OCTAVE BAND FILTER: An electrical frequency analyzer designed according to standards formulated by the American Standards Association and used in conjunction with a sound-level meter to take measurements in specific octave intervals. (American Standard for Sound-Level Meters/A.S.A.-No. 224.3-1944)
ODOR THRESHOLD: The lowest concentration of odorous matter in air that will produce an olfactory response in a human being. Odor thresholds shall be determined in accordance with ASTM Method D 1391-57, "Standard Method for Measurement of Odor in Atmospheres (Dilution Method)".
ODOROUS MATTER: Any material that produces an olfactory response among human beings.
OFFICE: A place, such as a building room or suite, in which services, clerical work, professional duties or the like are carried out.
OPEN SALES LOT: Any land used or occupied for the purpose of buying and selling new or secondhand passenger cars or trucks, motor scooters, motorcycles, boats, trailers, aircraft, monuments, etc., and for the storing of same prior to sale.
PARCEL DELIVERY STATION: A building in which commodities, sold at retail within the area and packaged by the retailer, are assembled and routed for delivery to retail customers located within the area.
PARKING AREA, PRIVATE: An open, hard-surface area, other than a street or public way, designed, arranged and made available for the storage of private passenger automobiles only, of occupants of the building or buildings for which the parking area is developed and is accessory.
PARKING AREA, PUBLIC: An open, hard-surfaced area, other than a street or public way, intended to be used for the storage of passenger automobiles and commercial vehicles under one and one-half (11/2) 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 one hundred ninety (190) square feet (nine and one-half feet by twenty feet [91/2' x 20']), exclusive of access drives, aisles, ramps, columns or office and work areas, for the storage of one passenger automobile or commercial vehicle under one and one-half (11/2) ton capacity.
PARTICULATE MATTER: Material which is suspended in or discharged into the atmosphere in finely divided form as a liquid or solid at atmospheric pressure and temperature.
PARTY WALL: An interior wall of adjoining structures extending from its footing to the underside of the roof, and which separates and is in common use by such adjoining structures. (Ord. 1979-7, 6-25-79)
PATIO: A concrete or stone platform level on earth without frost line protection or roofing or vertical structural components. (Ord. 1991-35, 11-25-91)
PERFORMANCE STANDARD: A criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings.
PLAN COMMISSION: The Plan Commission of the City.
PLANNED DEVELOPMENT: A tract of land which is developed as a unit under single ownership or control, which includes two (2) or more principal buildings and which is at least four (4) acres in area, except for planned developments operated by a municipal corporation which shall be at least two (2) acres in area, and planned manufacturing developments which shall be at least ten (10) acres in area.
PORCH: A roofed over structure projecting out from the wall or walls of a main structure and commonly open to the weather in part. (Ord. 1979-7, 6-25-1979)
PORCH, ENCLOSED (ENCLOSED PORCH): A potentially habitable addition to the main structure projecting or extending out from the wall or walls of a main structure and integrated by roof into the main structure containing wall framing and foundation extending below frost line and providing shelter by means of roof, walls, windows and/or screens.
PORCH, OPEN (OPEN PORCH): A nonhabitable structure projecting out from and/or extending out from the wall or walls or the floor of a main structure, open to the weather, without roof, having open flooring aboveground and supported by piers (sometimes commonly referred to as a "deck"). An open porch does not contain doors or windows. (Ord. 1991-35, 11-25-1991)
PREFERRED FREQUENCIES: A set of octave bands described by the band center frequency and standardized by the American Standards Association in ASA standard N.S1.6-1960, "preferred frequencies for acoustical measurements".
PRINCIPAL USE: The main use of land or buildings as distinguished from a subordinate or accessory use.
PUBLIC OPEN SPACE: Any publicly owned open area, including, but not limited to, the following: parks, playgrounds, forest preserves, beaches, waterways, parkways and streets.
PUBLIC UTILITY: Any person, firm, corporation or municipal department duly authorized to furnish, under public regulation, to the public, electricity, gas, steam, telephone, sewers, transportation or water.
RAILROAD RIGHT OF WAY: A strip of land with tracks and auxiliary facilities for track operation, but not including depot loading platforms, station, train sheds, warehouses, car shops, car yards, locomotive shops, water towers, etc. (Ord. 1979-7, 6-25-1979)
RECREATIONAL VEHICLES: Any motorized or towed contrivance whose primary purpose is recreational activities, and not intended for basic transportation. This includes, but is not limited to, camping trailers, motor homes, boats, snowmobiles, jet skis, two (2), three (3), and four (4) wheel off road motorized vehicles, and trailers used to transport any of the above. (Ord. 2006-40, 5-8-2006)
REFUSE: All waste products resulting from human habitation, except sewage.
RESEARCH LABORATORY: A building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.
RESIDENCE: The act or condition of residing or dwelling in a place.
REST HOME: See definition of Nursing Home Or Rest Home.
RESTAURANT: Any land, building or part thereof, other than a boarding house, where meals are provided for compensation, including a cafe, cafeteria, coffee shop, lunch room, drive-in stand, tearoom and dining room, and including the serving of alcoholic beverages when served with and incidental to the serving of meals, where permitted by local option.
RINGELMANN CHART: A chart which is described in the "U.S. Bureau Of Mines Information Circular 6888", and on which are illustrated graduated shades of grey for use in estimating the light obscuring capacity of smoke.
RINGELMANN NUMBER: The number of the area on the Ringelmann chart that coincides most nearly with the visual density of smoke emission.
ROADWAY: That portion of a street which is used or intended to be used for the travel of motor vehicles.
RUNWAY: A strip or area of pavement used exclusively for the landing and taking off of aircraft, or for the movement of vehicles incidental to such use. (Ord. 1979-7, 6-25-1979)
SATELLITE TELEVISION ANTENNA AND SATELLITE DISHES: An accessory structure whose purpose is to receive communications, electromagnetic waves or other signals from satellites and other extraterrestrial sources. (Ord. 1987-15, 8-10-1987)
SCHOOL: Elementary, high or college, public or private, or nonprofit junior college, college or university, other than trade and business schools, including instructional and recreational uses and school bus garages, with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees.
SETBACK, ESTABLISHED: When forty percent (40%) or more of the lots fronting on one side of a street within a block are improved, the existing setbacks of such improved lots shall be the "established setback" for determining the depth of the required front yards for the remainder of the lots along such street frontage, as regulated in this title.
SETBACK LINE, BUILDING: See definition of Building Setback Line.
SIGN: A name, identification, description, display or illustration which is affixed to or painted or represented directly or indirectly upon a building, structure, tree, rock or other object or piece of land, and which directs attention to an object, product, place, activity, persons, institutions, organization or business.
However, a sign shall not include any display or official court or public office notices nor shall it include the flag, emblem or insignia of a nation, political unit, school or religious group. A sign shall not include a sign located completely within an enclosed building unless the context shall be exposed to view from a street. Each display surface of a sign shall be considered to be a sign.
SIGN, ADVERTISING (BILLBOARD): A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises on which such sign is located or to which it is affixed.
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 a sign is located or to which it is affixed.
SIGN, CHURCH BULLETIN BOARD: A sign attached to the exterior of a church or located elsewhere on the church premises, used to indicate the services or activities of the church and including its name, if desired.
SIGN, FLASHING: Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such is in use. Any revolving, illuminated sign shall be considered a flashing sign.
SIGN, GROSS SURFACE AREA OF: A sign shall be 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 or framing elements lying outside the limits of such sign and not forming an integral part of the display.
SIGN, IDENTIFICATION: A structure, building wall or other outdoor surface used to display and identify the name of the individual, business, profession, organization or institution occupying the premises upon which it is located.
SMOKE: Small gasborne particles other than water that form a visible plume in the air.
SMOKE UNIT: The number obtained by multiplying the smoke density in Ringelmann numbers by the time of emission in minutes. For the purpose of this chart, Ringelmann density reading is made at least once every minute during the period of observation; each reading is then multiplied by the time in minutes during which it is observed, and the various products are added together to give the total number of "smoke units" observed during the total period under observation.
SOUND-LEVEL METER: An electronic instrument which includes a microphone, an amplifier and an output meter which measures noise and sound pressure levels in a specified manner. It may be used with the octave band analyzer that permits measuring the sound pressure level in discrete octave bands.
SOUND PRESSURE LEVEL: The intensity of a sound measured in decibels mathematically described as twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound to a reference pressure of 0.0002 microbar.
SPECIAL USE: Any use of land or buildings, or both, described and permitted herein, subject to the provisions of Section 5-12-7 of this Title.
STABLE, LIVERY: Any building, other than a private stable, designed, arranged, used or intended to be used for the storage of horses and horsedrawn livery or both.
STABLE, PRIVATE: Any building, which is located on a lot on which a dwelling is located, and which is designed, arranged, used or intended to be used for housing horses for the private use of occupants of the dwelling.
STABLE, PUBLIC (Riding or Boarding Stable): A building and grounds which are designed, arranged, used or intended to be used for the storage, boarding, breeding of horses including accessory uses which may include riding and horsemanship instructions and the hire of riding horses.
STACKING REQUIREMENTS: For the purpose of this Title, stacking requirements are the number of cars that must be accommodated in a reservoir space while awaiting ingress or egress to specified business or service establishments.
STAND, ROADSIDE: A structure for the display and sale of only agricultural products which are produced on the premises.
STORY: That portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above, then the space between the floor and ceiling next above it. Any portion of a story exceeding fourteen feet (14') in height shall be considered as an additional story for each fourteen feet (14') or fraction thereof.
STORY, HALF: A half-story is that portion of a building under a gable, hip or mansard roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four and one-half feet (41/2') above the finished floor of each story. In the case of one-family dwellings, two-family dwellings and multiple-family dwellings less than three (3) stories in height, a half-story in a sloping roof shall not be counted as a story for the purpose of this Title. In the case of multiple-family dwellings three (3) or more stories in height, a half-story shall be counted as a story.
STREET: A way other than an alley which affords a primary means of access to abutting property.
STREET LINE: A line separating an abutting lot, piece or parcel from a street.
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 and girders.
STRUCTURE: Anything constructed or erected which requires location on the ground or is attached to something having location on the ground.
TAVERN OR LOUNGE: A building where liquors are sold to be consumed on the premises, but not including restaurants where the principal business is serving food. (Ord. 1979-7, 6-25-1979)
TEMPORARY LIGHTWEIGHT STRUCTURES: Any structure with open sides or comprised of a flexible wall and/or roof skin, over a lightweight framing system, without a solid foundation. A prime criteria for determining what is a temporary lightweight structure shall be said structure's ability to be erected or taken down within a twenty four (24) hour period. Temporary lightweight structures can include, but are not limited to: tents of all types, sun shades other than umbrellas, carports, vendor's stands, sales booths and gazebos. (Ord. 2006-49, 6-26-2006)
TERRACE, OPEN: A level and rather narrow plane or platform which, for the purpose of this title, is located and adjacent to one or more faces of the principal structure and which is constructed not more than four feet (4') in height above the average level of the adjoining ground. (Ord. 1979-7, 6-25-1979)
TITLE: Reference to title herein shall be construed to be the city of Plano zoning ordinance. (1989 Code)
TOURIST COURTS, MOTOR LODGES: A group of attached or detached buildings containing individual sleeping or living units, designed, with garage attached or parking space conveniently located to each unit, including auto courts, motor lodges or other similar type uses.
TOURIST HOME: A dwelling in which accommodations are provided or offered for transient guests.
TOURIST PARK: A parcel or tract of land containing facilities for locating two (2) or more travel trailers or mobile homes, and for use only by transients remaining less than three (3) months, whether or not a charge is made. An open sales lot in which automobiles or unoccupied trailers are parked for the purpose of inspection or sale is not included in a tourist park.
TOXIC MATERIALS: A substance (liquid, solid or gaseous) which, by reason of an inherent deleterious property, tends to destroy life or impair health. (Ord. 1979-7, 6-29-1979)
TRAILER: Any vehicle or portable structure constructed so as to permit occupancy thereof, for lodging or dwelling purposes or for use as an accessory building or structure in the conduct of a business, trade or occupation and which may be used for a conveyance on streets and highways by its own or other motive power, whether or not defined under Illinois law as requiring licensing as a recreational vehicle, recreational trailer, or otherwise. (Ord. 1986-12, 6-23-1986)
TRAILER CAMP OR PARK: Any premises occupied by or designed to accommodate two (2) or more automobile house trailers or mobile homes, or the parking of two (2) or more trailers for business or storage purposes. (Ord. 1979-7, 6-29-1979)
TRAILER, CAMPING: A trailer designed and constructed for temporary dwelling purposes which does not contain built in sanitary facilities and has a gross floor area of less than one hundred thirty (130) square feet, whether or not defined under Illinois law as requiring licensing as a recreational vehicle, recreational trailer, or otherwise. (Ord. 1986-12, 6-23-1986)
TRAILER, HOUSE OR MOBILE HOME: Any "trailer" as defined herein used for residential purposes. (Ord. 1979-7, 6-29-1979)
TRAILER, TRAVEL: A trailer designed and constructed for dwelling purposes which may contain cooking, sanitary and electrical facilities and has a gross floor area of one hundred thirty (130) square feet or more but less than two hundred twenty (220) square feet, whether or not defined under Illinois law as requiring licensing as a recreational vehicle, recreational trailer, or otherwise. (Ord. 1986-12, 6-23-1986)
TRUCK PARKING AREA OR YARD: Any land used or intended to be used for the storage or parking of trucks, trailers, tractors, and including commercial vehicles, while not loading or unloading, and which exceed one and one-half (11/2) tons in capacity.
USABLE OPEN SPACE: Ground area of a lot, landscaping and recreational facilities may qualify as usable open space provided that it is an area unobstructed from the ground to the sky and which:
A. Is not devoted to public or private roadways or driveways, and off street parking and loading;
B. Is accessible and available only to occupants of dwelling units on the premises, except balconies;
C. Is not covered by building; except not more than five percent (5%) of the required open space may be recreational facilities enclosed within a building for the use of occupants of the dwelling units on the premises;
D. Has not less than ten feet (10') at its narrowest dimension between either a lot line and an area not qualifying as usable open space; and
E. Is developed, landscaped and maintained suitably for pedestrian, recreational and leisure use.
USE: The purpose for which land or building thereon is designed, arranged or intended, or for which it is occupied or maintained, let or leased.
USE, CONDITIONAL: A use that has unusual operational, physical or other characteristic uses in a district, but which is a use that complements and is otherwise, or can be made, compatible with the intended overall development within a district. Compliance with special standards not necessarily applicable to other permitted or conditional uses in the district shall be required as regulated in this title.
USE, LAWFUL: The use of any building, structure or land that conforms with all of the regulations of this title or any amendment hereto and which conforms with all of the codes, ordinances and other legal requirements as existing at the effective date hereof for the structure or land that is being examined.
USE, NONCONFORMING: See definition of Nonconforming Use.
USE, PERMITTED: Any use which is or may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and when applicable, performance standards of this title for the district in which such use is located.
USE, PRINCIPAL: The dominant use of land or buildings as distinguished from a subordinate or accessory use.
VENDING MACHINE: A machine for dispensing merchandise or services designed to be operated by the customer.
VIBRATION: The periodic displacement, measured in inches, of earth at designated frequency, cycles per second.
YARD: An open area on a lot which is unobstructed from its lowest level to the sky, except as otherwise provided in this title.
YARD, FRONT: A yard which is bounded by the side lot lines, front lot line and the front yard line. (See end of this chapter for diagram.)
YARD, INTERIOR SIDE: A side yard which adjoins another lot or an alley separating such side yard from another lot.
YARD LINE: A line in a lot that is parallel to the lot line along which the applicable yard extends and which is not nearer to such lot line at any point than the required depth or width of the applicable yard. A building, structure, or other obstruction shall not encroach into the area between the "yard line" and such adjacent lot line, except for such permitted obstructions in yards as are set forth in this title.
YARD, REAR: A yard which is bounded by side lot lines, rear lot line and the rear yard line. (See end of this chapter for diagram.)
YARD, SIDE: A yard which is bounded by the rear yard line, front yard line, side yard line and side lot line. (See end of this chapter for diagram.)
YARD, SIDE; ADJOINING A STREET: A yard which is bounded by the front lot line, side yard adjoining a street line and rear lot line.
ZONE: A "district", as defined in this section.
ZONING BOARD OF APPEALS: See title 2, chapter 2 of this code.
(Ord. 1979-9, 6-25-79)