For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE OR BUILDING. A use or building customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
AGRICULTURE. Land, including necessary buildings and structures which shall be used for agriculture including, but not limited to, farming, dairying, pasturage, agriculture, horticulture, floriculture, silviculture, viticulture and animal and poultry husbandry, as well as the necessary accessory uses; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities, and providing further that the above uses shall not include the commercial feeding of garbage or offal to swine or other animals.
ALLEY. A public way with a width not exceeding 20 feet in right-of-way used primarily as a service access to the rear or side of a property which abuts on a street.
ALTERNATE FENCE DESIGNS. Designed fences that do not fall clearly under the listed fence types or definitions in this section shall be submitted for approval by the Planning/Zoning Committee.
AUTOMOTIVE SERVICE STATION. Buildings and premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail. Uses permissible at an AUTOMOTIVE SERVICE STATION do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found IN AUTOMOTIVE SERVICE STATIONS. An AUTOMOTIVE SERVICE STATION is not a repair garage nor a body shop. (See GARAGE.)
BASEMENT. A portion of a building located partly underground, but having less than one-half of its clear floor-to-ceiling height above the average grade of the adjoining ground. (See CELLAR.)
BED AND BREAKFAST INN. A structure having historical or architectural character occupied as a residence by the property owner and providing overnight accommodations and in some instances, a meal or meals to occupants. The BED AND BREAKFAST INN provides guest accommodations of not more than three bedrooms to guests with occupancy of one week or less. (See ROOMING HOUSE.)
BUILDABLE AREA. The total area of the parcel minus the area within the required front, rear and side yards.
BUILDING. Any structure which is built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind, and which is permanently affixed to the land. (See STRUCTURE.)
BUILDING, ACCESSORY. A subordinate building or a portion of a principal building, the use of which is incidental and customary to that of the principal building.
BUILDING, DETACHED. A building surrounded by open space on the same lot.
BUILDING, PRINCIPAL. A non-accessory building in which the principal use of the lot on which it is located, is conducted.
BUILDING, TEMPORARY. A 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 indicate the size and setbacks of buildings or structures and the location of same with respect to one another, and including the following:
(1) Size and height of buildings;
(2) Location of exterior walls at all levels in relation to lot lines, street or to other buildings;
(3) Gross floor area of buildings in relation to lot area (floor area ratio);
(4) All open spaces allocated to buildings; and
(5) Amount of lot area provided per dwelling unit.
CELLAR. The portion of a building located partly or wholly underground and having one-half or more than one-half, of its clear floor-to-ceiling height below the average grade of the adjoining ground. (See BASEMENT.)
CHAIN LINK FENCE. A fence constructed of chain link material and support posts and top horizontal support piping with a height of no more than four foot and no screening or infill material installed.
CLUB OR LODGE, PRIVATE. A non-profit association of persons who are bona fide members paying dues, which owns, hires or leases a building or portion thereof, the use of such premises being restricted to members and their guests.
COLLECTOR STREET. A street, either residential or commercial/industrial, intended to carry through traffic and to which several minor streets are connected.
CURB LEVEL. The level of the established curb in front of a building or structure measured at the center of such front. Where no CURB LEVEL has been established, it shall be deemed to be the established level of the centerline of the street surface in front of a building or structure, measured at the centerline of such front.
DAY CARE, COMMERCIAL. Any child care facilities receiving more than eight children for day-time care during all or part of any day, or facility at which the proprietor does not reside and which receives more than three children for care during all or any part of a day for hire.
DAY CARE, FAMILY. A family home in which not more than eight children are received for day-time care during all or part of the day for hire.
DISTRICT. A section or part of the incorporated or unincorporated portion of the village for which the use regulations are uniform.
DRIVE-IN ESTABLISHMENT. An establishment which accommodates patrons’ automobiles on the immediate premises allowing service to the patrons in their automobiles and/or self-service by the patrons.
DWELLING. A residential building, or portion thereof, but not including hotels, motels, rest homes, rooming houses, tourist homes or trailers.
DWELLING, MULTIPLE-FAMILY (APARTMENT). A detached residential building, surrounded on all sides by open space on the same lot, designed for and occupied by three or more families, with a number of families in residence not exceeding the number of dwelling units provided.
DWELLING, SINGLE-FAMILY. A detached dwelling unit other than a mobile home, designed for and occupied by one family only.
DWELLING, TWO-FAMILY (DUPLEX). A residential building containing two dwelling units including detached and semi-detached and attached dwelling units, designed for and occupied by two families.
(1) ATTACHED. A dwelling unit joint to one other dwelling unit by a party wall.
(2) DETACHED. A dwelling unit in a two-family structure where both units share a common outside entrance and interior common foyer or entry hallway.
(3) SEMI-DETACHED. A dwelling unit with its own individual outside entrance in a two-family structure where one unit is above the other.
DWELLING UNIT. One room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly or longer basis and, physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities. DWELLING UNITS are intended for use exclusively as living quarters for one family and not more than an aggregate of two roomers.
FAMILY. One or more persons related by blood, marriage or adoption, or a group of not more than five adults not so related.
FAMILY CARE HOME. A home housing a group of not more than eight unrelated persons with handicap or impairment, who with assistance or supervision, reside together in a family-type environment as a single housekeeping unit. Excluded from this definition are current or former criminal offenders and persons whose disability arises from current use or addiction to a controlled substance. The persons in supervision shall be considered in addition to the handicapped or impaired persons in determining number of occupants permitted.
FENCE MATERIAL. Material used in the construction of a fence systems shall be treated wood, cedar, PVC, wrought iron, aluminum, concrete, steel, vinyl, bamboo, chain link, composite or preapproved alternative material.
FENCE, ORNAMENTAL. A fence more than 50% open and of a decorative style. ORNAMENTAL FENCES may not be chain link or wire construction.
FENCE, PRIVACY. A solid fence primarily for providing privacy or visual screening.
FLOOD PLAIN AREA. That continuous area, adjacent to a stream or stream bed or other natural drainage channels or areas, whose elevation is equal to or lower than the 100-year flood elevation as established by the flood plain code of the village.
FLOOR AREA, GROSS. For the purpose of determining floor area ratio, the floor area of a building or buildings shall be the sum of the gross horizontal areas of the several floors of such building or buildings, measured from the exterior faces of exterior walls or from the centerline of party walls separating two buildings. In particular, GROSS FLOOR AREA shall include:
(1) Basement space, if at least one-half of the basement story height is above the average grade of the adjoining ground;
(2) Elevator shafts and stairwells at each floor;
(3) Floor space used for mechanical equipment where the structural headroom exceeds seven and one-half feet; except equipment, open or enclosed, located on the roof, i.e., bulkheads, water tanks and cooling towers;
(4) Attic floor space where the structural headroom exceeds seven and one-half feet;
(5) Interior balconies and mezzanines; and
(6) Enclosed porches, but not terraces and breezeways.
FLOOR AREA RATIO. The numerical value obtained through dividing the gross floor area of a building or buildings by the total area of the lot or parcel of land on which such building or buildings are located.
GARAGE, PUBLIC. Any building where automotive vehicles are painted, repaired, rebuilt, reconstructed and/or stored for compensation. (See AUTOMOTIVE SERVICE STATION.)
HOME OCCUPATION. An occupation conducted in a dwelling unit; provided, that:
(1) No person other than members of a family residing on the premises shall be engaged in such occupation;
(2) The use of the dwelling unit for the HOME OCCUPATION shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% of the floor area of the dwelling unit shall be used in the conduct of the HOME OCCUPATION;
(3) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such HOME OCCUPATION other than one sign, not exceeding one square foot in area, non-illuminated and mounted flat against the wall of the principal building;
(4) No HOME OCCUPATION shall be conducted in any accessory building;
(5) There shall be no direct sales and/or rentals of products off display shelves or racks;
(6) No traffic shall be generated by such HOME OCCUPATION in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such HOME OCCUPATION shall be met off the street and other than in a required front yard; and
(7) No equipment or process shall be used in such HOME OCCUPATION which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises.
HOTEL or MOTEL. A building or buildings designed to accommodate individual sleeping units with no provision for cooking facilities and occupied primarily by transient travelers. The term HOTEL includes inn and lodge. The term MOTEL includes motor hotel, motor lodge, tourist court and similar terms.
JUNK YARD. An open area or fenced-in enclosure where used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. A JUNK YARD includes an auto-wrecking yard, but does not include uses established entirely within enclosed buildings.
LANDOWNER. The legal or beneficial owner or owners of land. The holder of an option or contract to purchase, a lessee having a remaining term of not less than 40 years or other person having an enforceable proprietary interest in such land, shall be deemed to be a LANDOWNER for the purpose of this zoning chapter.
LODGING ROOM. A room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one LODGING ROOM.
LOT.
(1) For purposes of this chapter, a LOT is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required.
(2) Provided, that in no case of division or combination shall any residual LOT or parcel be created which does not meet the requirement of this chapter, such LOT shall have frontage on an improved public street, or on an approved private street, and may consist of:
(a) A single lot of record;
(b) A portion of a lot of record;
(c) A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record; and
(d) A parcel of land described by metes and bounds.
LOT AREA. The area of a horizontal plane bounded by the vertical planes through front, side and rear lot lines.
LOT, CORNER. A lot situated at the junction of and abutting on two or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is 135 degrees or less.
LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.
LOT LINE. A property boundary line of any lot held in single or separate ownership; except that where any portion of the lot extends into the abutting street or alley, the LOT LINE shall be deemed to be the street or alley right-of-way line.
LOT, MOBILE HOME. The area assigned to a mobile home in a mobile home park.
LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the County Recorder of Deeds, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
LOT, REVERSED. A lot on which the frontage is at right angles or approximately right angles (interior angle less than 135 degrees) to the general pattern in the area.
LOT, THROUGH. A lot defined as a lot other than a corner lot with frontage on more than one street. THROUGH LOTS abutting two streets may be referred to as DOUBLE FRONTAGE LOTS.
LOT WIDTH. The distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80% of the required lot width except in the case of lots on the turning circle of cul-de-sacs, where the 80% requirement shall not apply.
MOBILE HOME. Any vehicle or similar portable structure originally constructed with wheels, whether or not the wheels are still contained thereon, and designed and constructed to permit occupancy for dwelling or sleeping purposes.
MOBILE HOME PARK. Any plot of ground upon which two or more independent trailers, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodation.
MOTEL. See HOTEL.
MOTOR FREIGHT TERMINAL. A building or premises in which freight is received or dispatched by motor vehicle.
NET METERING. An arrangement by which excess energy generated by a renewable energy system is distributed back to the electrical utility grid.
OFF-STREET LOADING. A space, accessible from a street, alley or way, in a building or on a lot for the use of trucks while loading or unloading merchandise or materials.
PLAN. The proposal for development, including a plat of subdivision, all covenants, grants of easement and other conditions relating to use, location and bulk of buildings, density of development, common open space and public facilities. That PLAN shall include such information as required by this zoning chapter. The phrase PROVISIONS OF THE PLAN where used in this chapter shall mean those documents, verbal or graphic, referred to in this definition.
PLANNING AND ZONING COMMISSION. The Rochester Planning and Zoning Commission.
PUBLIC SERVICE AREA. An area including such uses as fire and police stations, telephone exchanges, radio and television transmitting and relay stations and towers, filter plans and pumping stations and similar uses.
REFUSE. All waste products resulting from human habitation, except sewage.
RENEWABLE ENERGY SYSTEM. A system that generates energy from natural resources such as sunlight, wind and geothermal heat. As used herein, the term RENEWABLE ENERGY SYSTEM refers to wind energy systems and solar energy systems only.
REPAIR GARAGE. See GARAGE, PUBLIC.
REST HOME (NURSING HOME). A private home for the care of children or the aged or infirmed, or a place of rest for those suffering bodily disorders. Such a home does not contain equipment for surgical care or for treatment of disease or injury, nor does it include maternity care nor care for mental illness or mental infirmities.
ROOMING HOUSE (TOURIST HOME). A building, or portion thereof, containing lodging rooms which accommodate three or more persons who are not members of the keeper’s family, and where lodging rooms or meals, or both, are provided for compensation.
SANITARY LANDFILL. A method of disposing of refuse by spreading and covering with earth. Where SANITARY LANDFILL is referred to in this chapter, it shall be construed to be a landfill meeting the regulations of the Illinois Environmental Protection Agency and the Illinois Pollution Control Board.
SEMI-DETACHED. See DWELLING UNIT.
SETBACK, FRONT YARD. The minimum horizontal distance permitted between the front line or side line of the building and nearest the street line, disregarding steps and unroofed porches.
SIGN. A name, identification, description, display or illustration which is affixed to or painted or represented directly or indirectly upon a building or other outdoor surface or piece of land; and which directs attention to an object, product, place, activity, person, institution, organization or business. However, a SIGN shall not include any display of official court or public office notices nor shall it include a sign located completely within an enclosed building unless the context shall be exposed to view from a street.
SIGN, ADVERTISING. A sign which directs attention to a business, commodity, service or entertainment not necessarily sold upon the premises where such sign is located or to which it is affixed.
SIGN, BUSINESS. A sign which directs attention to a business or profession conducted, or to a commodity, service or entertainment sold or offered, upon the premises where such sign is located or to which it is affixed.
SIGN, FLASHING. Any illuminated sign on which the artificial light is not maintained stationary and/or constant in intensity and color at all times when such sign is in use. For the purpose of this chapter, any moving, illuminated sign shall be considered a FLASHING SIGN.
SIGN, GROSS SURFACE AREA OF. The entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. However, such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display.
SOLAR ENERGY SYSTEM. A system that uses the power of the sun to capture, distribute and/or store energy for on-site consumption of utility power.
SOLAR ENERGY SYSTEM, BUILDING-INTEGRATED. A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of a building.
SOLAR ENERGY SYSTEM, BUILDING-MOUNTED. A solar energy system affixed to either the principal or accessory structure.
SOLAR ENERGY SYSTEM, GROUND-MOUNTED. A solar energy system that is not attached to another structure and is affixed to the ground, or that is attached to an antenna, light pole or other utility facility.
SOLAR FARM ENERGY SYSTEM. A commercial solar energy system that is used to convert sunlight to electricity for on-site or off-site use with the primary purpose being to provide or sell wholesale or retail electricity.
STORY. The portion of a building included between the surface of any floor and the surface of the floor next above, or if there is no floor above, the space between the floor and the ceiling next above.
STREET (AVENUE, DRIVE, PLACE, ROAD, TERRACE, PARKWAY, BOULEVARD or COURT). A right-of-way of a required width, which affords a primary means of access to abutting property.
STREET LINE. The dividing line between a lot and a contiguous street.
STRUCTURAL ALTERATIONS. Any change, other than incidental repairs, in the supporting members of a building or structure, such as bearing walls or partitions, columns, beams or girders; or any substantial change in the roof or exterior walls.
STRUCTURE. Anything erected, the use of which requires a fixed location on the ground, or attached to something having a permanent location on the ground. A sign, billboard, other advertising medium, accessory shed, residential swimming pools with any ancillary decks and fencing, tool room or other similar building (whether fixed in location or placed on skids) detached or projecting, shall be construed to be a STRUCTURE.
UNRELATED GROUP FAMILY HOME. Home for a group of not more than five unrelated adults living together as a common household.
USE. The purpose or activity for which the land, or building thereon, is designed, arranged or intended, or for which it is occupied or maintained.
USE, ACCESSORY. A subordinate use which is clearly and customarily incidental to the principal use of a building or premises and which is located on the same lot as the principal building or use except or such accessory parking facilities as are specifically authorized to be located elsewhere.
VILLAGE. The Village of Rochester.
VILLAGE BOARD. The Village Board of Rochester.
VILLAGE CLERK. The Village Clerk of Rochester.
WIND ENERGY SYSTEM. A wind energy conversion system consisting of a wind turbine, a tower or mounting, and associated control or conversion electronics, which is intended primarily to reduce on-site consumption of utility power.
YARD. An open space on a lot which is unoccupied and unobstructed by building structures from ground level to the sky. A YARD extends along a line and at right angles to such lot line to a depth or width specified in the yard regulations for the zoning district in which such lot is located.
YARD, FRONT. A yard extending along the full width of the front lot line between side lot lines.
YARD, REAR. A yard extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no REAR YARDS, but only front and side yards.
YARD, SIDE. A yard extending from the rear line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot line involved with the public street. In the case of through lots, SIDE YARDS shall extend from the rear lines of front yards required. In the case of corner lots, the yard upon which the building fronts shall be considered the front yard. The yard facing the other street shall be considered the SIDE STREET YARD and the yards between the corner yard and adjoining properties shall be INTERIOR SIDE YARDS.
(2009 Code, § 40-2-2) (Ord. 15-08, passed 8-31-2015; Ord. 17-24, passed 6-12-2017; Ord. 18-19, passed 6-11-2018)