For the purpose of this chapter, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular. The word
BUILDING shall include the word STRUCTURE, and the word SHALL is mandatory, and MAY is permissive.
ACCESSORY STRUCTURE. A subordinate structure detached but located on the same lot as the principle structure, the use of which is incidental and accessory to that of the principle structure.
ACCESSORY STRUCTURE(S). A structure that is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure; an ACCESSORY STRUCTURE specifically excludes structures used for human habitation.
ACCESSORY USE. A structure or use that:
(1) Is clearly incidental to and customarily found in connection with a principle building or use;
(2) Is subordinate to and serves a principle building or a principle use;
(3) Is subordinate in area, extent, or purpose to the principle building or principle use serviced;
(4) Contributed to the comfort, convenience, or necessity of occupants, business, or industry in the principle building or principle use served; and
(5) Is located on the same lot as the principle building or use served.
ADMINISTRATIVE OFFICER. The official appointed by the County Board to administer and enforce this chapter and building codes as adopted in the unincorporated areas of the county. The ADMINISTRATIVE OFFICER’S title will be the Director of Economic Development and GIS. ADMINISTRATIVE OFFICER and DIRECTOR, ECONOMIC DEVELOPMENT GIS shall be inferred to be one and the same.
ADULT BOOKSTORE. An establishment for the sale, rental, or exchange of books, magazines, or video cassettes, distinguished or characterized by primary emphasis on matter depicting, describing, or relating to SPECIFIC SEXUAL ACTIVITIES or SPECIFIC ANATOMICAL AREAS as defined below, including instruments, devices, or paraphernalia that are designed for use in connection with SPECIFIED SEXUAL ACTIVITIES. ADULT BOOKSTORES do not include businesses which sell, rent, or exchange books, magazines, or video cassettes as a sideline or adjunct to sales or rental of books, magazines, or video cassettes not relating to SPECIFIC SEXUAL ACTIVITIES or SPECIFIC ANATOMICAL AREA.
ADULT MINI-MOTION PICTURE THEATERS. An enclosed building with a capacity for less than 50 persons, used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing, or relating to specific ANATOMICAL AREAS or SPECIFIC SEXUAL ACTIVITIES for observation by patrons therein.
ADULT MOTION PICTURE THEATERS. An enclosed building with capacity of 50 or more persons, used for presenting material distinguished or characterized by emphasis on matter depicting, describing, or relating to SPECIFIC SEXUAL ACTIVITIES or SPECIFIC ANATOMICAL AREAS for observation by patrons therein.
ADULT MODELING AND ENTERTAINMENT FACILITY. An establishment having its primary activity the presentation of live models displaying lingerie, or otherwise presenting live, artistic modeling, with said modeling displaying the human body in a nude or semi-nude state, distinguished or characterized by an emphasis on SPECIFIC ANATOMICAL AREAS for observation by patrons therein.
AGRICULTURAL STRUCTURE(S). A structure that is used exclusively in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock; as AGRICULTURAL STRUCTURE specifically excludes any structure used for human habitation.
AGRICULTURAL WIND SYSTEM. A wind system that has a nameplate capacity of less than the average electrical usage for the previous 12 months on the specific farm being served. A WIND ENERGY SYSTEM that creates more energy than is needed for agricultural uses will have the excess sold back to the grid, and thus, is not exclusively for agricultural uses, and is not exempt from the requirements of this chapter.
ALLEY. A public right-of-way which affords a secondary means of vehicular access to the side or rear of premises that front on a nearby street.
ALTERATION. Any change, addition, or modification in construction, occupancy, or use.
AMUSEMENT CENTER. Any premises which contains four or more coin or token operated devices played for a fee, such as pinball machines, foosball tables, pool tables and other similar entertainment or amusement devices.
APARTMENT. A room or suite of rooms in a multi-family structure which is arranged, designed, used, or intended to be used as a single housekeeping unit. Complete kitchen, bath, and toilet facilities, permanently installed must always be included for each APARTMENT.
APARTMENT/DORMITORY. A multi-unit dwelling for which each dwelling unit contains fewer than ten occupants, whether related or unrelated. Each unit shall have two exits and a common area of not less than 300 square feet which may include cooking and dining facilities, and shall be subject to relevant codes or regulations for behavior by students and others in effect at such educational facility which are enforced by resident personnel of such educational facility.
AUTOMOBILE REPAIR, MAJOR. General repair, or rebuilding of, or reconditioning of, engines of any type, motor vehicles, trucks, buses or trailers. Collision service, including body work, frame or fender straightening or repair, overall painting of motor vehicles, trucks, trailers, or painting booth.
AUTOMOBILE REPAIR, MINOR. Minor repairs, incidental body and fender work, touch-up painting and upholstering, replacement of minor parts and general tune-up service to passenger automobiles and trucks not exceeding one and one-half tons’ capacity.
AUTOMOBILE SERVICE STATION.
(1) Buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail, and where, in addition the following services, may be rendered and sales made, and no other:
(a) Sale and servicing of spark plugs, batteries, distributors, and distributor parts;
(b) Tire servicing and repair, but no recapping or regrooving;
(c) Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors, and the like;
(d) Radiator cleaning and flushing;
(e) Washing and polishing where no mechanical conveyor, blower, or steam cleaning device is employed, provided that no more than one single car bay of the service station shall be equipped with washing equipment; and provided that the lot on which the washing equipment is to be located shall be sufficient to provide on-site waiting storage for a total number of vehicles equal to the number capable of being processed during one-half hour; and provided that a drip area shall be provided where vehicles can be dried, located such that water will be confined to the site and will not run onto any street or alley so as to cause a hazard;
(f) Greasing and lubrication;
(g) Providing and repairing fuel pumps and lines;
(h) Minor servicing and repair of carburetors;
(i) Emergency wiring repairs;
(j) Adjusting and repairing brakes;
(k) Minor motor adjustments not involving removal of the head or crank case or racing the motor;
(l) Sale of cold drinks, packaged foods, tobacco, and similar convenience goods for filling station customers, as accessory and incidental to principle operation; and/or
(m) Provision of road maps and other informational material to customers, and provision of restroom facilities.
(2) It shall be unlawful to provide major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles, trucks, or trailers not in operating condition, or other work involving noise, glare, fumes, smoke, or other such characteristics. An
AUTOMOBILE SERVICE STATION is not a repair garage, a body shop, a car wash, an automobile wrecking yard, or junk yard, nor a storage place for rental trailers.
AUTOMOBILE WRECKING YARD. Any place where two or more vehicles not in running condition, or parts thereof are stored in the open and are not being restored to operation, or any land, building, or structure used for wrecking or storing of such motor vehicles or parts thereof, and including any used farm vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging of any other goods, articles, or merchandise.
BALCONY. An outside deck located at least on the second floor or any higher floor of a dwelling building, and can be cantilevered or supported on piers.
BATTERY ENERGY STORAGE SYSTEM (BESS). An energy storage system that can store and deploy generated energy, typically a group of batteries that charge (for example, collect energy) and store electrical energy from the grid or energy generation facility and then discharge that energy at a later time to provide electricity or other grid services when needed. BESS generally consist of batteries, battery storage containers, on-site switchyard, inverters, associated interconnection transmission line, and supervisory control and data acquisition system.
BATTERY ENERGY APPLICANT. The entity who submits to the county an application for the siting and operation of any battery energy storage system (BESS). All references to the applicant in this chapter shall include the applicant’s successors-in-interest and assigns, which includes a COMMERCIAL SOLAR ENERGY FACILITY PERMITTEE (as defined herein).
BED AND BREAKFAST. An operator-occupied residence providing accommodations for a charge to the public with no more than five guest rooms for rent, in operation for more than ten nights in a 12-month period. Breakfast may be provided to the guests only. BED AND BREAKFAST ESTABLISHMENTS shall not include motels, hotels, boarding houses, or food service establishments.
BOARD. The Zoning Board of Appeals.
BOARDING HOUSE. An establishment with lodging for compensation offering accommodations for short term transients or extended periods of time. Meals may or may not be provided (also referred to as BOARDING HOUSE, ROOMING HOUSE, LODGING HOUSE, or LODGING ROOM; it does not include bed and breakfast).
BODY OF WATER. A lake, pond, or pool where 40% of the surface area is more than nine feet deep and total surface area is not less than 2,500 square feet, or, the Rock or Mississippi Rivers.
BOOK/STATIONERY STORE. An establishment dealing in books, printed materials, and stationery supplies, which is not an adult bookstore.
BUILDING. Any permanently anchored structure used or intended for supporting or sheltering any use or occupancy. When a building is divided into separate parts by unpierced walls, each part shall be deemed a separate BUILDING (see STRUCTURE).
BUILDING CODE. The County Building Code, as adopted.
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, HEIGHT OF. The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hipped roof (see § 154.682). The reference datum shall be selected by either of the following, whichever yields a greater HEIGHT OF BUILDING:
(1) The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten feet above lowest grade;
(2) An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in division (1) above is more than ten feet above lowest grade; and/or
(3) The height of a stepped or terraced building is the maximum of any segment of the building.
BUILDING, STRUCTURE. Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. STRUCTURES include, but not limited to, buildings, walls, swimming pools, signs, and fences.
BUILDING SET-BACK LINE. See SETBACK.
BULK STORAGE. The storage of flammable or combustible liquid in an above-ground tank that is not for dispensing purposes. If an above-ground tank is used for any BULK STORAGE purposes, it is classified as a “bulk storage tank” for the remainder of the calendar year in which it was so used.
CARE HOME, LARGE RESIDENTIAL. A residential care home for more than eight persons, plus supervisory or oversight personnel, living together as a single housekeeping unit who are disabled, as defined by DISABILITY in this section, for the primary purpose of providing shelter.
CARE HOME, SMALL RESIDENTIAL. A residential care home containing a single one-family dwelling unit for eight persons or fewer, plus supervisory or oversight personnel, living together as a single housekeeping unit for the primary purpose of providing shelter in a family-like atmosphere.
CHURCH. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
CLINIC or MEDICAL HEALTH CENTER. A building containing an individual practitioner or an association or group of physicians, dentists, clinical psychologists, or similar professional health care practitioners, including assistants. The CLINIC may include apothecary, dental, and mental laboratories, and/or x-ray facilities, but shall not include inpatient or overnight care.
CLUB or LODGE, PRIVATE. Non-profit 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 adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed, provided such sale of alcoholic beverages is in compliance with the applicable federal, state, and municipal laws.
COMMERCIAL SOLAR ENERGY FACILITY. Any device or assembly of devices that:
(1) Is ground installed; and
(2) Uses solar energy from the sun for generating electricity for the primary purpose of wholesale or retail sale and not primarily for consumption on the property on which the device or devices reside.
COMMERCIAL WIND ENERGY FACILITY. A wind energy conversion facility of equal or greater than 500 kilowatts in total nameplate generating capacity. Also referred to herein as WIND ENERGY CONVERSION SYSTEM, or WECS or WECS PROJECT.
COMPREHENSIVE PLAN. The plan or any portion thereof adopted by the county to guide and coordinate the physical and economic development of the county. 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, schools, residential, commercial, or industrial land uses, parks, drainage facilities, and the like.
CONVENIENCE STORE. Any retail establishment offering for sale of prepackaged food products, household items, commercial products associated with minor auto servicing (but not automobile parts), and other goods commonly associated with the same, including the retail dispensing of vehicular fuels.
COUNTY. Rock Island County, Illinois.
DAYCARE CENTER. A child care facility which regularly provides daycare for less than 24 hours per day for:
(1) More than eight children in a family dwelling unit; or
(2) More than three children in a facility other than a family dwelling unit.
DAYCARE HOME. A family dwelling unit occupied by attending family which receives more than three and up to a maximum of eight children for less than 24 hours a day. The maximum of eight children includes the family’s natural or adopted children and all other person under the age of 12. A DAYCARE HOME may also be a family home which receives adults who are 60 years of age or older.
DECK. Is an outside porch without a roof not necessarily attached to a dwelling wall, whose floor is built on a foundation, piers, or blocks, as a distinct structure requiring a building permit above-ground grade.
DISABILITY. As defined by the Americans with Disability Act (ADA), a person who has:
(1) A physical or mental impairment that substantially limits one or more major life activities;
(2) A record of such an impairment; or
(3) Is regarded as having such an impairment.
DISTRICT ZONING. A portion of the territory of the county wherein uniform requirements or various combinations thereof apply to structures, lots, and uses under the terms of this chapter.
DORMITORY. A building used as group living quarters for a student body operated by a college or university, or other such institution of higher education, subject to relevant codes and regulations for behavior of students and others in effect at such educational facility which are enforced by resident personnel at such institution.
DWELLING, MULTIPLE-FAMILY. A building or portion thereof designed or altered for occupancy by three or more families living independently of each other.
DWELLING, ONE-FAMILY. A building designed exclusively for use and occupancy by one family, and entirely separated from any other dwelling by space totaling at least 900 square feet, and the structures length does not exceed four times its width and is affixed to a permanent masonry or concrete footing and/or foundation, as defined in the County Building Codes as adopted. The structure shall have a minimum three to 12 nominal roof pitch, conventional residential roofing material, conventional residential siding which must extend to within eight inches of the ground elevation, except when placed upon a masonry or concrete foundation, and a six-inch minimum eave overhang.
DWELLING, ROW (TOWNHOUSE). A row of two to 12 attached, one-family, party-wall dwellings.
DWELLING, TWO-FAMILY. A building designed or altered to provide dwelling units for occupancy by two families.
DWELLING GROUP. Two or more one-family, two-family, or multiple-family dwellings, or boarding or lodging houses, located on one zoning lot, but not including tourist courts or motels.
DWELLING UNIT. One or more rooms which are arranged, designed, or used as living quarters for a family or for a community residence as a single housekeeping unit. A DWELLING UNIT includes bathroom and kitchen facilities in addition to sleeping and living areas.
EASEMENT. A right to use a portion of another person’s real property for certain limited purposes.
EDUCATIONAL INSTITUTION. Public, private, or parochial school, charitable or non-profit junior college, college, or university, other than trade or business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants, and other incidental facilities for students, teachers, and employees.
ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance by public utilities, or municipal or other governmental agencies, of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply or disposal systems, elevated and underground water storage tanks, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities, or municipal or other governmental agencies, or for the public health or safety or general welfare, but not including buildings.
FACILITY OWNER.
(1) A person with a direct ownership interest in a commercial wind energy facility or a commercial solar energy facility, or both, regardless of whether the person is involved in acquiring the necessary HB4412 Enrolled LRB102 22343 SPS 31480b Public Act 102-1123 rights, permits, and approvals, or otherwise planning for the construction and operation of the facility.
(2) At the time the facility is being developed, a person who is acting as a developer of the facility by acquiring the necessary rights, permits, and approvals or by planning for the construction and operation of the facility, regardless of whether the person will own or operate the facility.
FAMILY. One or more persons each related to them by blood, marriage, or adoption (including foster children), together with such relatives of the respective spouses who are living with the family in a single dwelling and maintaining a common household. A FAMILY may also be composed of not to exceed three persons not so related, provided that such unrelated persons live in a single dwelling and maintain a common household and single housekeeping unit. A FAMILY includes any domestic servants and not more than one gratuitous guest residing with said FAMILY; such servants or guest shall be included in the unrelated persons attained by this definition, and shall not be in addition thereto.
FARM. An area which is used for the growing of the usual farm products such as vegetables, fruit, trees, flora, fauna, and grain, and their storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals, such as horses, cattle, sheep, and swine, provided that the raising and feeding of such farm poultry and farm animals shall be subject to the regulations of the State Environmental Protection Agency. The term FARMING includes the operating of such an area for one or more of the above uses, including dairy farms with the necessary accessory uses for treating and storing the produce, provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities, and provided further that FARMING does not include the extraction of minerals. The term FARM includes FARM DWELLINGS.
FARM ANIMALS. Animals other than household pets that shall be permitted to, where permitted, be kept and maintained for commercial production and sale and/or family food production, education, or recreation. FARM ANIMALS are identified by these categories: large animals, for example, horses and cattle; medium animals, for example, sheep and goats; or small animals, for example, rabbits, chinchillas, chickens, turkeys, pheasants, geese, ducks, and pigeons.
FARM LAND. Land that is currently and actively being used for the production of food and fiber crops. Land in CRP is not being actively used for production of food or fiber crops.
FAST FOOD RESTAURANT. An establishment whose principle business is the sale of rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off premises. The establishment may include a drive-up or drive-through service facility or offers curb service.
FENCE. A structure, other than a building, which is an artificially constructed barrier of any material or combination of materials or plantings/shrubbery planted or erected to enclose or screen areas of land. Decorative corner treatments which do not exceed six feet in length and three feet in height are not considered fences if it allows for 50% or more open visibility.
FLOOD-RESISTANT MATERIAL. Any building material capable of withstanding direct and prolonged contact with floodwaters without sustaining significant damage. Examples are given in FEMA TB 2, 4 and 7, FEMA 348, ASCE 24, and the like.
FOSTER FAMILY HOME. A family home which provides full-time family care to foster children unrelated to them. FOSTER FAMILY HOMES are limited to a maximum of eight children, including the foster family’s children, unless all of the children unrelated to the foster family are of common parentage, or the applicable department of the state has waived the limit of eight unrelated children to facilitate an adoptive placement.
FOSTER GROUP HOMES. A child care facility which regularly provides care for no more than ten children placed by and under the supervision of a child welfare agency licensed by the applicable department of the state. Adult supervision shall be provided on a 24-hour basis.
FRONTAGE LOTS. See LOTS, MULTIPLE FRONTAGE.
GARAGE, BUS or TRUCK. A building which is used or intended to be used for the storage of motor trucks, truck trailers, tractors, commercial vehicles, and buses exceeding one and one-half ton capacity.
GARAGE, PRIVATE. A detached accessory building or portion of a principle building used for storage of self-propelled passengers vehicles or trailers of the occupants of the premises and/or not more than a truck of a rated capacity exceeding one and one-half tons.
GRADE (ADJACENT GROUND ELEVATION). The lowest point of elevation of the existing surface of the ground, within the area between the building and a line five feet (1,524 mm) from the building.
HALFWAY HOUSE/GROUP HOME. A temporary residential living arrangement for up to five persons, excluding staff, who are receiving therapy, counseling, and/or care from support staff who are present at all times residents are present, for the following purposes:
(1) To help them re-enter society while housed under supervision while under constraints of alternatives to imprisonment, including, but not limited to, pre-release, work release, and probationary programs;
(2) To help persons with family or school adjustment problems that require specialized attention and care in order to achieve personal independence;
(3) To provide temporary shelter for persons who are victims of domestic abuse and/or neglect; or
(4) To provide adult congregate living arrangements without nursing care.
HAZARDOUS WASTE.
(1) Any substance or material that, by reason of its toxic, caustic, corrosive, abrasive, or otherwise injurious properties, may be detrimental or deleterious to the health of any person handling or otherwise coming into contact with such material or substance.
(2) The U.S. Environmental Protection Agency (EPA) has developed a list of hazardous wastes based upon corrosivity, reactivity, and toxicity. Hazardous substances include, but are not limited to, inorganic mineral acids of sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium and arsenic and their common salts, lead, nickel, and mercury, and their inorganic salts, or metallo-organic derivatives, coal, tar acids, such as phenol and cresols and their salts, and all radioactive materials.
HEALTH/RECREATIONAL AND PHYSICAL TRAINING CLUB. An indoor facility including uses such as game courts, exercise equipment, locker rooms, training studios, jacuzzi and/or sauna, and pro-shop.
HEIGHT. See BUILDING, HEIGHT OF.
HOME OCCUPATION. An occupation or profession customarily carried on by an occupant of a dwelling unit as a secondary use, and which is clearly incidental to the use of the dwelling unit for residential purposes. There are major and minor home occupations which are clearly addressed under §§ 154.035 through 154.056.
HOSPITAL or SANITARIUM. An institution which patients or injured persons are given medical or surgical care, or for the care of contagious diseases or terminal patients.
HOTEL. A facility offering transient lodging accommodations on a daily rate to the general public and providing additional services such as restaurants, meeting rooms, and recreational facilities, and is not a bed and breakfast (also see MOTEL).
HOTEL, TRANSIENT. See BOARDING HOUSE.
HOUSEHOLD PETS. Dogs, cats, rabbits, birds, and the like, for family use only (non-commercial) with cages, pens, and the like.
HOUSEHOLD HAZARDOUS WASTE. A hazardous waste that can catch fire, react, or explode under certain circumstances, or that is corrosive or toxic. Common HOUSEHOLD HAZARDOUS WASTE items, and others not included on this list, might contain materials that are ignitable, corrosive, reactive, or toxic such as drain openers, oven cleaners, wood and metal cleaners and polishers, automotive oil and fuel additives, grease and rust solvents, carburetor and fuel injection cleaners, air conditioning refrigerants, starter fluids, paint thinners, paint strippers and removers, adhesives, herbicides, insecticides, and fungicides/wood preservatives.
INDEPENDENT TRAILER COACH or INDEPENDENT MOBILE HOME. A transportable non-permanent single-family dwelling unit on wheels suitable for year-round occupancy and containing the same water supply, waste disposal, heating and air condition, electrical conveniences, and with self-contained toilet and bath or shower facilities as conventional housing. This definition is not intended to include recreational vehicle types.
JUNK YARD. Open area where waste, scrap metal, paper, rags, or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including auto and building wrecking yards.
KENNEL. Any structure or premises where five or more dogs and/or cats over six months of age are kept as pets, or is intended and used for the breeding of animals for sale, or the training and/or overnight boarding of animals other than those of the owner of the lot. This does not include a veterinary clinic in which the overnight boarding of animals is necessary for and accessory to the testing and medical treatment of the physical disorders of animals.
LANDSCAPING. The finishing and adornment of unpaved yard areas. Materials and treatment generally include naturally growing elements such as grass, trees, shrubs, and flowers. This treatment shall be permitted also to include the use of logs, rocks, fountains, water features, and contouring of the earth.
LAND USE PLAN. The comprehensive long range plan for the desirable use of land in the jurisdiction, as officially adopted and as amended from time to time by the County Board, the purpose of such plan being, among other things, to serve as a guide to the zoning and prospective changes in the zoning of land to meet changing community needs in the subdividing and use of undeveloped land.
LARGE WIND ENERGY SYSTEM. A wind energy conversion system consisting of a wind turbine, a tower or mounting, and any associated control or conversion electronics, which has a rated capacity of 51 kW to 499 kW, and which is used for on-site power generation or wholesale or retail sale.
LEGAL OBJECTOR.
(1) The owner of a lot, parcel, or tract of land which is next to a lot, parcel, or tract of land, for which a special use is proposed or which is the subject of an amendment of this chapter.
(2) For the purposes of this chapter, a lot shall be deemed to be next to another if the lots, parcels, or tracts share a common lot boundary line in whole or in part, or if a common lot boundary in whole or in part would occur if all streets, highways, or alley rights-of-way between such lots were excluded.
LIVESTOCK. Includes, but not limited to, bovine animals, sheep, goats, swine, reindeer, donkeys, mules, and other hoofed animals raised for food production. Does not include horses.
LOADING AND UNLOADING SPACE, OFF-STREET. An open hard-surfaced area of land other than a street or public way, the principle use of which is for the standing, loading, and unloading of motor trucks, tractors, and trailers, to avoid undue interference with the public use of streets and alleys.
LODGING OR ROOMING HOUSE. See BOARDING HOUSE.
LODGING ROOM. See BOARDING HOUSE.
LOT. A tract of land intended as a unit for the purpose (whether immediate or future) of development or transfer of ownership. A LOT may or may not coincide with a lot of record.
LOT AREA/COVERAGE. The area of the lot covered by buildings above grade, excluding permitted projections.
LOT OF RECORD. An area of land designated as a lot on a plat recorded with the Recorder of Deeds of the county, in accordance with state law.
LOT, CORNER. A lot having at least two adjacent sides that abut for their full length upon streets.
LOT, FRONT or FRONTAGE. The length of any one property line of a premises, which property line abuts a legally accessible street right-of-way, except alleys.
LOT, MULTIPLE FRONTAGE. A lot that fronts on two or more street rights-of-way, such as corner lots, through lots, and the like.
LOT, INTERIOR. A lot other than a corner or reversed corner lot.
LOT LINE, REAR. The lot line or lot lines most nearly parallel and most remote from the front lot line.
LOT LINE, SIDE. A lot line which is not a front or rear lot line.
LOT, REVERSED CORNER. A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.
LOT, THROUGH. A 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 horizontal distance between the side lot lines measured at right angles to the side lot lines at the front building line.
LOT, ZONING. A single tract of land located within a single block, which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. Therefore, a ZONING LOT may or may not coincide with a lot of record.
MANUFACTURED HOME. A factory-built structure that is manufactured or constructed under the authority of 42 U.S.C. § 5401 and is to be used as a place for human habitation, but which is constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles.
MOBILE HOME. A detached residential dwelling unit designed for transportation after fabrication on streets of highways on its own wheels or on a flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling, complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities, and the like. A travel trailer, self-contained motor home, or other recreational vehicle is not to be considered a MOBILE HOME. Dwelling Units built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.
MODULAR HOME. Factory-built housing certified to meet the currently adopted building codes and amendments as adopted by the county, and the requirements of the State Department of Public Health, applicable to modular housing. Once certified by the state, MODULAR HOMES shall be subject to the same standards as site built homes.
MOTEL. A building or a group of buildings, whether attached or in connected units, used as individual sleeping units designed primarily for transient travelers and providing for accessory off-street parking facilities. The term MOTEL includes, but is not limited to, buildings designated as auto courts, tourist courts, motor hotels, motor lodges, and similar terms.
MOTOR FREIGHT TERMINAL. A building or area in which trucks, including tractor or trailer units, are parked, stored, or serviced, including the transfer, loading, or unloading of goods. A TERMINAL may include facilities for the temporary storage of loads prior to transhipment.
NIGHTCLUB. A tavern or other commercial establishment where alcoholic beverages and/or food are served for consumption on premises and a dance floor and/or entertainment are provided. See also TAVERN.
NON-CONFORMING USE. A lawful use of land that does not comply with the use regulations for its zoning district, but which complied with applicable regulations at the time the use was established.
NON-CONVERSION AGREEMENT. A form provided by the Floodplain Administrator to be signed by the owner and recorded in the public records stating the owner agrees to not convert or modify the following in any manner that is inconsistent with the terms of the building permit and this chapter:
(1) An enclosure below an elevated building;
(2) Crawl/underfloor spaces that are more than five feet in height (measured from the lowest interior grade or floor to the bottom of the floor system above); and
(3) A detached structure that is not elevated and is larger than 70 square feet in area.
NON-PARTICIPATING PROPERTY. Real property that is not a participating property.
NON-PARTICIPATING RESIDENCE. A residence that is located on non-participating property and that is existing and occupied on the date that an application for a permit to develop the commercial wind energy facility or the commercial solar energy facility is filed with the county.
NURSERY SCHOOL. An institution providing instructional/educational services for six pre-school aged children.
OCCUPIED COMMUNITY BUILDING. Any one or more of the following buildings that is existing and occupied on the date that the application for a permit to develop the commercial wind energy facility or the commercial solar energy facility is filed with the county: a school, place of worship, daycare facility, public library, or community center.
OPERATOR. The owner of the bed and breakfast establishment, or the owner’s agent, who is required to reside in the bed and breakfast establishment or on contiguous property.
ORDINANCE. Shall be construed as the Zoning Ordinance.
OWNER. The entity in which title is vested in the building or land.
PARKING AREA, ACCESSORY. An area of one or more parking spaces located at the same property as the building, structure, or premises it is intended to serve, or on adjoining or nearby property and of such shape and nature as to be appropriate and usable for the parking or storage, loading, and unloading of self-propelled vehicles.
PARKING SPACE, AUTOMOBILE. Space within a public or private parking area of not less than 160 square feet (eight and one-half feet by 19 feet) exclusive of access drives or aisles, ramps, columns, or office and work areas, for the storage of one passenger automobile or commercial vehicle under one and one-half ton capacity.
PARTICIPATING PROPERTY. Real property that is the subject of a written agreement between a facility owner and the owner of the real property that provides the facility owner an easement, option, lease, or license to use the real property for the purpose of constructing a commercial wind energy facility, a commercial solar energy facility, or HB4412 enrolled LRB102 22343 SPS 31480b Public Act 102-1123 supporting facilities. PARTICIPATING PROPERTY also includes real property that is owned by a facility owner for the purpose of constructing a commercial wind energy facility, a commercial solar energy facility, or supporting facilities.
PARTICIPATING RESIDENCE. A residence that is located on participating property and that is existing and occupied on the date that an application for a permit to develop the commercial wind energy facility or the commercial solar energy facility is filed with the county.
PERSON. An individual, group of individuals, corporation, association, partnership, joint venture, or other entity, and includes any trustee, estate, receiver, assignee, or personal representative.
PLAN COMMISSION. Zoning Board of Appeals.
PLANNED UNIT DEVELOPMENT.
(1) A parcel of land or contiguous parcels of land of a size sufficient to create its own environment, controlled by a single land-owner or by a group of landowners in common agreement as to which is compatible with adjacent parcels, and the intent of the zoning district or districts in which it is located.
(2) The developer or developers of a
PLANNED UNIT DEVELOPMENT may be granted relief from specific land-use regulations and design standards and may be awarded certain premiums in return for assurances of an overall quality of development, including any specific features which will be of exceptional benefit to the community as a whole.
PORCH. A roofed (either enclosed or unenclosed), attached to one or two permanent exterior walls of a dwelling building, whose floor is at or just below the level of the dwelling first floor adjacent to the porch.
PRINCIPLE BUILDING. A building in which the primary use of the lot on which the building is located is conducted.
PROLONGED CONTACT. At least 72 hours.
PROPERTY OWNER. Any individual, group of individuals, association, corporation, joint stock association, joint venture, or any other entity in whose name the legal title to the real estate is recorded.
PROTECTED LANDS. Real property that is:
(1) Subject to a permanent conservation right consistent with the Real Property Conservation Rights Act; or
(2) Registered or designated as a nature preserve, buffer, or land and water reserve under the State Natural Areas Preservation Act.
RECREATIONAL FACILITIES, (PUBLIC OR PRIVATE). A site used for specific or general recreation, which may include gear or equipment (for example, camp ground, golf course, marina, shooting range, racetrack, bicycles, motorcycles, tennis, or gathering places not addressed elsewhere in this code). The facility may be a private club or open to the public.
RECREATIONAL USE, SEASONAL.
(1) Camping use on land that is located along a river or body of water allowed by special use in some zoning districts.
(2) One structure of a seasonal, temporary, movable nature such as a tent, travel trailer, or motor home, but not a mobile home, may be permitted on vacant land. Said temporary structure shall be permitted on site from April 1 through October 31 of each year. Accessory structures are prohibited. (The construction of a permanent residence on said lot shall cause the expiration of a special use permit.)
REFUSE EQUIPMENT OPERATION. The storage, repair, maintenance, sale, or lease of equipment used in the collection, storage, or transportation of refuse, including, but not limited to, vehicles, containers, and any repair, parts, accessories, and appurtenances thereof.
RESIDENTIAL SOLID WASTE. Waste that normally originates in a residential environment.
RESTAURANT. A food establishment serving full course meals prepared on the premises and which may serve alcoholic beverages.
RIGHT-OF-WAY. A strip of land dedicated to the county or other unit of government for streets, alleys, and other public improvements.
RURAL RESIDENTIAL BUILDING LOT. A building lot (parcel) in the AG-1, AG-2, or SE-1 Zoning Districts created without the minimum area required for the district because the parcel meets the criteria outlined in § 154.023(F)(8).
SEPTIC TANK. A sewerage system with a seepage field designed to function on an individual lot basis, as approved by the County Health Department.
SETBACK. The minimum horizontal distance between the lot or property line and the nearest front, side, or rear line of the building, including terraces or any covered projection thereof, including steps.
SEWERAGE SYSTEM, CENTRAL. A type approved by the State Environmental Protection Agency as properly designed to serve one or more subdivisions. A septic tank is not a CENTRAL SEWERAGE SYSTEM.
SIGNIFICANT DAMAGE. Any damage requiring more than low-cost cosmetic repair (such as painting).
SMALL WIND ENERGY SYSTEM. A wind energy conversion system consisting of a wind turbine, a tower or mounting, and any associated control or conversion electronics, which has a rated capacity of not more than 50 kW and which is exclusively used for on-site power generation.
SOLAR APPLICANT.
(1) The entity who submits to the county an application for the siting and operation of any commercial solar energy facility or substation.
(2) All references to the applicant in this chapter shall include the applicant’s successors-in-interest and assigns, which includes a
COMMERCIAL SOLAR ENERGY FACILITY PERMITTEE (as defined herein).
SOLAR ARRAY. Multiple solar panels combined together to create one system.
SOLAR COLLECTOR. A device that captures solar radiation for use as a source of energy.
SOLAR ENERGY SYSTEM. Equipment that converts and then stores or transfers energy from the sun into usable forms of energy and includes any solar collectors, lines, pumps, batteries, inverters, mounting brackets, framing, and/or foundation used for or intended to be used for the collection and conversion of solar radiation into energy suitable for use.
SOLAR PRIVATE. Solar collectors and supplementary solar energy equipment that is accessory to a residential or non-residential use and covers an area no more than two acres. In no instance can private solar be the only use on a parcel. PRIVATE SOLAR is designed for on-site use by the owner or tenant of the residential or non-residential use to reduce payments to the utility company.
SOLAR THERMAL SYSTEM. A solar energy system that directly heats water or other liquid using sunlight. Consists of a series of tubes that concentrate light to heat either water or a heat-transfer fluid. The heated liquid is used for such purposes as space heating and cooling, domestic hot water, and heating pool water.
SPECIFIC ANATOMICAL AREAS.
(1) Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and
(2) Human male genitals in a discernible turgid state, even if completely and opaquely covered.
SPECIFIC SEXUAL ACTIVITIES.
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse, or sodomy; and
(3) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts.
STABLE, RIDING. A building/buildings including other structures and grounds used for the boarding or housing of horses used for riding sessions or pleasure riding on the premises.
STORY. The portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost STORY shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under floor space is more than six feet above grade as defined herein for more than 50% of the total perimeter or is more than 12 feet above grade as defined herein at any point, such usable or unused under-floor space shall be considered as a STORY.
STORY, HALF. A partial story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story.
STREET. A public or private way for motor vehicle travel. The term STREET includes a highway, thoroughfare, parkway, throughway, road, pike, avenue, boulevard, lane, place, drive, court, and similar designations, but excludes an alley or way for pedestrian use only.
STRUCTURAL ALTERATION. Any changes in the supporting members of a building including, but not limited to, bearing walls, load-bearing walls, load-bearing partitions, columns, beams, or girders or any substantial change in the roof or the exterior walls.
STRUCTURE. That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
SUPPORTING FACILITIES. The transmission lines, substations, access roads, meteorological towers, storage containers, and equipment associated with the generation and storage of electricity by the commercial wind energy facility or commercial solar energy facility.
TAVERN.
(1) Any premises wherein alcoholic beverages are sold at retail for consumption on the premises as the principle uses; and where sandwiches, snacks, and other food products are available for purchase.
(2) TAVERN does not include restaurants, where the principle business is serving food (includes BAR and COCKTAIL LOUNGE). (See NIGHTCLUB.)
TERRACE/PATIO. Is an unroofed deck located outside at ground grade, which is paved as concrete, stone, brick, or wood paver blocks (also known as a PATIO).
THEATER. An establishment used to observe films and other visual material which is neither an ADULT MOTION PICTURE THEATER nor an ADULT MINI-MOTION PICTURE THEATER.
TILT. The angle of the solar panels as installed per manufacturers installation instructions.
TOTAL HEIGHT. The vertical distance from ground level to the tip of a wind turbine blade when the tip is at its highest point.
TOURIST COURTS, MOTOR LODGES, MOTELS. A group of attached or detached buildings containing individual sleeping or 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, motor lodges, or other similar type uses.
TOURIST HOME. A dwelling in which accommodations are provided/offered for transient guests.
TOXIC WASTE. Any combination of pollutants, including disease-carrying agents, that, after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, can cause death or disease, mutations, deformities, or malfunctions in such organisms or their offspring, and that adversely affect the environment which are being discarded by being disposed, incinerated, or recycled.
TRAILER PARK or MOBILE HOME PARK. An area of land upon which two or more occupied trailer coaches or mobile homes are harbored either free of charge or for revenue purposes, and shall include any building, structure, tent, vehicles, or enclosure used or intended for as, a part of the equipment of such trailer coach park.
TRUCK PARKING AREA OR YARD. Any land used or intended to be used for the storage or parking of trucks, tractors, truck trailers, and including commercial vehicles, while not loading or unloading. Does not include Class B trucks.
UNRELATED GROUP FAMILY. A group of no more than five unrelated adults living together as a common household by doing their own cooking and living together, as distinguished from a group occupying a boarding house, lodging house, club, fraternity, sorority, or hotel. UNRELATED GROUP FAMILIES are permitted with administrative approval, provided that they comply with the standards and conditions specified in § 154.054.
USE, TEMPORARY. A use that is authorized by this code to be conducted for a fixed period of time. TEMPORARY USES are characterized by such activities as the sale of agricultural products, contractors’ offices and equipment sheds, fireworks, carnivals, flea markets, and garage sales.
VEHICLE, COMMERCIAL. Any motorized vehicle or trailer designed to be pulled by a vehicle that is not a passenger vehicle or recreational vehicle. For example, semi/tractor trailers, excavators, bulldozers, skid steers, backhoes, graders, shipping containers, and the like.
VEHICLE, PASSENGER. Any motorized vehicle under 16,000 GVW with not more than two axles.
VEHICLE, RECREATIONAL.
(1) A general term for a vehicular unit bearing a current license and/or registration, not exceeding 40 feet in overall length, eight and one-half feet in width or 12 and one-half feet in overall height, which includes, but is not limited to, the following specific vehicle types.
(a) BOAT TRAILER. A vehicular structure without its own motive power designed to transport a boat for recreation and vacation use, and which is licensed and registered for highway use.
(b) CAMPER TRAILER. A folding or collapsible vehicular structure without its own motive power designed as temporary living quarters for travel, camping, recreation, and vacation uses, and to be licensed and registered for highway use.
(c) HORSE TRAILER. A vehicular structure without its own motive power designed primarily for the transportation of horses and which, in combination with the towing vehicle, is licensed and registered for highway use.
(d) MOTOR HOME. A vehicular unit built on or as a part of a self-propelled motor vehicle chassis, primarily designed to provide temporary dwelling for travel, camping, recreation, and vacation use, and to be licensed and registered for highway use. This category shall include converted bus campers.
(e) RECREATIONAL BOAT. A vessel, whether impelled by wind, oars, or mechanical devices, and which is designed primarily for recreation or vacation use. A recreation vessel when mounted upon a boat trailer shall be considered one unit.
(f) TRAVEL TRAILER. A rigid structure without its own motive power designed as a temporary dwelling for travel, camping, recreation, and vacation use, to be licensed and registered for highway use; and which, when equipped for the road, has a body width of not more than eight feet, six inches.
(g) TRUCK CAMPER. A portable structure without its own motive power designed to be transported on a power vehicle as a temporary dwelling for travel, camping, recreation, and vacation use, and which, in combination with the carrying vehicle, shall be licensed and registered for highway use.
(h) UTILITY TRAILER. A vehicular structure without its own motive power designed and/or used for the transportation of all manner of motor vehicles, goods, or materials, and licensed and registered for highway use.
(2) If the recreational vehicle is equipped with liquefied gas containers, they shall meet the standards of the Interstate Commerce Commission or the Federal Department of Transportation standards in existence at the passage of this chapter.
WAREHOUSE, WHOLESALE, or STORAGE. A building or premises in which goods, merchandise, or equipment are stored for eventual distribution.
WIND APPLICANT. The entity who submits to the county an application for the siting and operation of any WECS or substation. All references to the applicant in this chapter shall include the applicant’s successors-in-interest and assigns, which includes a WECS PERMITTEE (as defined below).
WIND ENERGY SYSTEM. Equipment that converts and then stores or transfers energy from the wind into usable forms of energy and includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, turbine, vane, wire, or other component used in the system. This includes both COMMERCIAL WIND ENERGY FACILITIES, LARGE WIND ENERGY SYSTEMS, and SMALL WIND ENERGY SYSTEMS. Also referred to herein as WIND ENERGY CONVERSION SYSTEM or WECS or WECS PROJECT.
WIND TOWER. The wind turbine tower, nacelle, and blades.
YARD. The space adjacent to lot lines which is required to be open and unobstructed from its lowest level upward except as otherwise permitted. The minimum depth of width of a YARD shall consist of the horizontal distance between the lot line and nearest point of the foundation or exterior wall of a building.
YARD, FRONT. An open space extending the full width of the lot between a principle building and the street right-of-way except for an alley, unoccupied and unobstructed from the ground upward, except as hereinafter specified. When a property is situated along a body of water, the front yard shall be the open space extending the full width of the lot between the principal building and the body of water.
YARD, REAR. An open space extending the full width of a lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward, except as hereinafter specified.
YARD, SIDE. An open space extending from the front yard to the rear yard between a building and the side lot line, unoccupied and unobstructed from the ground upward, except as hereinafter specified.
ZONING MAPS. The map or maps incorporated into this chapter as a part hereof.
(Ord. passed 5-16-2023) Penalty, see § 154.999