For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ABUTTING. Having a common lot line, district line or boundary line; synonymous terms shall include ADJOINING, CONTIGUOUS and DIRECTLY ADJACENT.
ACCESS. A way or means of vehicular movement to and from property.
ACCESSORY USE. Any structure or use that is:
(1) Substantially subordinate in size and purpose to the principal structure or use which it serves. “Substantially subordinate in size” means that the accessory use is no larger than 35% of the footprint of the principal structure;
(2) Necessary or contributing to the comfort and convenience of the occupants of the principal structure or use served; and
(3) Located on the same lot as the principal structure or use served.
ADMINISTRATOR. The official appointed by the President of Shiloh with the advice and consent of
the Village Board of Trustees to administer this Development Code, or his or her representative.
ADULT BOOK STORE. Any premises from which minors are excluded and in which the retail sale of books, magazines, newspapers, movie films, videos, devices, slides or other electronic, photographic or written reproductions, is conducted as a principal use of the premises; or as an adjunct to some other business activity, but which constitutes the primary or a major attraction to the premises.
ADULT CABARET. Any premises from which minors are excluded which features dancers, strippers, male or female impersonators or similar entertainers on a regular basis or as an adjunct to some other business activity conducted on the premises, but which constitutes a primary attraction to the premises.
ADULT MINI-MOTION PICTURE THEATER. Any premises from which minors are excluded with a
capacity of less than 50 persons used for presenting movies, videos or similar photographic or electronic reproductions on a regular basis or as an adjunct to some other business activity conducted on the premises, but which constitutes the primary and a major attraction to the premises.
ADULT MOTION PICTURE THEATERS. Any premises from which minors are excluded with a capacity of 50 or more persons used for presenting movies, videos or similar photographic or electronic
reproductions on a regular basis or as an adjunct to some other business activity conducted on the premises, but which constitutes the primary or a major attraction to the premises.
ADULT-USE CANNABIS BUSINESS ESTABLISHMENT. A cultivation center, craft grower, processing organization, infusion organization, dispensing organization, or transporting organization.
ADULT-USE CANNABIS CRAFT GROWER. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, as it may be amended from time-to-time, and regulations thereunder.
ADULT-USE CANNABIS CULTIVATION CENTER. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, as it may be amended from time-to-time, and regulations thereunder.
ADULT-USE CANNABIS DISPENSING ORGANIZATION. A facility operated by an organization or business that is licensed by the Department of Financial and Professional Regulation to acquire cannabis from a licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia, or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, as it may be amended from time-to-time, and regulations thereunder.
ADULT-USE CANNABIS INFUSER ORGANIZATION OR INFUSER. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, as it may be amended from time-to-time, and regulations thereunder.
ADULT-USE CANNABIS PROCESSING ORGANIZATION OR PROCESSOR. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, as it may be amended from time-to-time, and regulations thereunder.
ADULT-USE CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, as it may be amended from time-to-time, and regulations thereunder.
ADULT USES. Characterized by the exclusion of minors from the use activity and includes adult book stores, adult motion picture theaters, adult mini-motion picture theaters, adult cabarets and similar uses.
AGRICULTURE. The production and care of plants and animals for one's livelihood; the term shall
encompass structures and uses customarily incidental to such activities.
AIRCRAFT NOISE ZONE. Any one of the zones identified on the maps attached hereto, made a part hereof.
AISLE. A vehicular traffic way within an off-street parking area, used as a means of access from parking spaces that are not used to access dwelling units. (See LOCAL STREET and LOCAL COLLECTOR STREET.)
ALLEY. A minor way used primarily for vehicular service access to the rear or the side of properties or otherwise abutting on a street.
ALTER. To change the size, shape or use of a structure.
AMENDMENT. A legal change in the provisions of the Development Code (including those portions incorporated by reference) to include the text, schedules and maps; amendments may be made to the zoning and subdivision regulations alike.
ANCHOR. Any approved device used to keep a mobile home firmly attached to the stand on which it is placed.
ANIMAL, DOMESTIC. Any of various animals including farm animals domesticated by humans so as to live and breed in a tame condition.
ANIMAL, FARM. The species of fowl, ovine, caprine, bovine, porcine and equine, that have been
domesticated for agricultural purposes.
ANIMAL, HOUSEHOLD PET. Domestic animals which have extensively and historically been kept for personal pleasure, companionship and protection.
ANIMAL, WILD. Any of the various animals that have not been domesticated to live and breed in a tame condition.
ANIMAL SHELTER/CARE FACILITY. Any building or portion thereof designed or used for the care, observation or treatment of animals.
ANIMATED SIGN. Any sign that uses movement or change of lighting to depict action or create a special effect or scene.
APPEAL. A legal request of a person aggrieved by a decision or order to change the interpretation or enforcement of the provisions of the Development Code or a request of a person aggrieved by the issuance of a citation. APPEALS may be made in regard to the zoning and subdivision regulations alike.
ARTERIAL STREET. A street designed or utilized primarily for high vehicular speeds or for heavy volumes of traffic on a continuous route with intersections at grade and on which traffic control devices are used to expedite the safe movement of through traffic.
ASSISTED LIVING. An assisted living center is a non-residential structure with certain care services allowed by the appropriate state regulatory agencies that distinguish it from a nursing home.
ATTACHED. As applied to buildings, the term means having a common wall and/or a common roof.
BANNER. Any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by a permanent frame at one or more edges. National flags, state or municipal flags or the official flag of any institution or business shall not be considered BANNERS.
BEACON. Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source; also, any light with one or more beams that rotate or move.
BERM. A smaller dike-like earth or paved embankment to divert the flow of runoff water, provide screening or create a landscape feature.
BIKEWAY/TRAIL. A paved travelway for bicycles that allows linkages to other bikeway/trails, provides an alternate mode of transportation, connects residential housing developments and/or creates a linkage to other transportation systems and services.
BLOCK. An area of land entirely bounded by streets, highways or barriers (except alleys, pedestrian ways or exterior boundaries of a subdivision unless such boundary is a street or highway) or a combination of streets, public parks, cemeteries, railroad right-of-way, shorelines or waterways or corporate boundary lines.
BUILDING. Any covered structure permanently affixed to land and designed or used to shelter persons or chattels.
BUILDING HEIGHT. The vertical distance measured from the average grade at the front wall of a building to the highest point of the coping of a flat roof or to the deck line of mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs. Chimneys, towers, cooling towers and similar projections (other than signs) shall not be included in calculating building height.
BUILDING LINE. The line nearest the front of and across a lot, delineating the minimum yard space
required between the front of a structure and the street right-of-way. (Corner lots have two front building lines.)
BUILDING MARKER. Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.
BUILDING SIGN. Any sign attached to any part of a building, as contrasted to a free-standing sign.
BULK. Any one or any combination of the following structural or site design characteristics:
(1) Size or height of structure;
(2) Location of exterior walls at all levels in relation to lot lines, streets or other structures;
(3) Lot area; and
(4) Yards or setbacks.
CANOPY SIGN. Any sign that is a part of or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area. A "marquee" is not a CANOPY.
CATCH BASIN. A receptacle, located where a street gutter opens into a sewer, and designed to retain matter that would not readily pass through the sewer.
CENTERLINE.
(1) The centerline of any right-of-way having a uniform width;
(2) The original centerline, where a right-of-way has been widened irregularly; and
(3) The new centerline, whenever a road has been relocated.
CHANGEABLE COPY SIGN. A sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a CHANGEABLE COPY SIGN for purposes of this Code. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a CHANGEABLE COPY SIGN for purposes of this Code.
COLLECTOR STREET. A street which carries or is expected to have an average daily traffic of more
than 3,200 vehicles. It may carry some non-local traffic.
COMMERCIAL MESSAGE. Any sign wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.
COMMERCIAL USE/ESTABLISHMENT. Any use or establishment wherein goods are purchased or sold, whether to the consuming public (retail) or to other businesses (wholesale).
COMMON OPEN SPACE. A parcel or parcels of land in a planned development designed and intended for the use of all residents or occupants thereof. COMMON OPEN SPACE unoccupied by principal or accessory buildings, however, may contain complementary recreational structures and improvements designed and intended for the benefit and enjoyment of residents of the planned development.
CORNER LOT. A lot having at least two adjacent sides that abut for their full length upon streets; both the lot lines shall be deemed front lot lines. (See § 151.167 for fence provisions.)
CORRECTIVE ACTION ORDER. A legal order issued in accordance with the procedures set forth herein to effect compliance with the Development Code.
CROSS SLOPE. The degree of inclination measured across a right-of-way rather than in the direction that traffic moves on the right-of-way.
CUL-DE-SAC. A short local street having only one outlet for vehicular traffic and having the other end permanently terminated by a turn-around for vehicles; the term may also be used to refer solely to the turn-around.
CURB AND GUTTER, INTEGRAL. The rim forming the edge of a street plus the channel for leading off surface water, constructed of poured concrete as a single facility.
DAY CARE CENTER, CHILDREN. An establishment for profit of the part-time care and/or instruction at any time of day of four or more children not permanently residing at the establishment.
DAY CARE CENTER, ADULT. An establishment providing care and supervision to two or less frail adults for a portion of the day.
DECIBEL (dBA). A unit of sound pressure level weighted by use of the A-metering characteristics and weighing as specified in American National Standards
Institute Specification for Sound Level Meters (ANSI S1.4 - 1983), which is hereby incorporated by reference.
dBA is also referred to as an A-WEIGHTED DECIBEL.
DEDICATION. The transfer of ownership and/or maintenance responsibility for a street or other facility to the village or other public entity by the landowner on whose property the facility is located.
DEVELOP. To erect any structure or to install any improvements on a tract of land, or to undertake any activity (such as grading or clearing) in preparation therefor.
DEVELOPMENT. Any human-made change to improved or unimproved real estate including, but not limited to, construction of or substantial improvements to buildings or other structures, the placement of mobile homes, mining, dredging, filling, grading, clearing, paving, excavation or drilling operations.
DIMENSIONS. Measurements of depth, length, width and height.
DISTRICT, ZONING. A portion of the territory of the village wherein certain uniform requirements or various combinations thereof apply to structures, lots and uses under the terms of this Code.
DRIVEWAY. A minor way commonly providing vehicular access to a garage or an off-street parking space in the zoning districts of NU, R-1, R-2 and R-3.
DUPLEX. A multi-family dwelling containing two dwelling units.
DWELLING. A building or portion thereof designed, or used primarily as living quarters for one or more families, but not including commercial facilities designed to accommodate the transient public with lodging.
DWELLING, MULTIPLE-FAMILY. A building or portion thereof containing two or more dwelling units.
DWELLING, SINGLE-FAMILY. A detached dwelling containing one dwelling unit and intended for the occupancy of one family.
DWELLING UNIT. A unit designed or used as living quarters by one family; such a unit shall include
complete kitchen and sanitary facilities.
EASEMENT. A right to use another person's real property for certain limited purposes.
ENLARGE. To increase the size (floor area, height and the like) of an existing principal structure or accessory use, or to devote more land to an existing use.
ERECT. To build or construct.
ESCROW DEPOSIT. A deposit in cash or other approved securities by a developer to assure the completion of subdivision improvements required by the Development Code.
ESTABLISHMENT. Either of the following:
(1) An institutional, business, commercial or industrial activity that is the sole occupant of one or more buildings or premises on a zone lot; or
(2) An institutional, business, commercial or industrial activity that occupies a portion of a building or premises on a zone lot such that:
(a) The activity is a logical and separate entity from the other activities within the building or premises and not a department of the whole; and
(b) The activity has either a separate entrance from the exterior of the building or a separate entrance from a common and clearly defined entryway that has direct access to the exterior of the building.
EXISTING. Actually constructed or in operation on the effective date of this Code.
FACTORY BUILT HOUSING.
(1) There are two categories of factory built housing distinguished primarily by the building code that regulates their construction. One category is built to local or state building codes and includes, but is not limited to, modular, panelized and structural insulated panels. The second category is manufactured housing (mobile homes).
(2) The U.S. Department of Housing and Urban Development regulates the construction of this housing type under the Manufactured Home Construction and Safety Standards (the HUD Code).
(3) The HUD Code preempts local or state codes that may exclude manufactured homes solely on the basis that the housing is not built to local codes.
FACTORY BUILT HOUSING, MOBILE HOMES and DOUBLEWIDES (MANUFACTURED HOUSING).
(1) FACTORY BUILT HOUSING, MODULAR.
(a) Panelized, structural insulated panels and similar systems; a building assembly or system of building sub-assemblies, designed for habitation as a dwelling for one or more persons, including the necessary electrical, plumbing, heating, ventilating and other service systems, which is of closed or open construction and which is made or assembled by a manufacturer, on or off the building site, for installation, or assembly and installation, on the building site, with a permanent foundation.
1. CLOSED CONSTRUCTION. Any building, component, assembly or system manufactured in such a manner that all portions cannot readily be inspected at the installation site without disassembly, damage to or destruction thereof.
2. OPEN CONSTRUCTION. Any building, component, assembly or system manufactured in such a manner that all portions can be readily inspected at the installation site without disassembly, damage to or destruction thereof.
(b) FACTORY BUILT HOUSING meeting the requirements of this definition in the state will contain a yellow seal in the shape of the state on the electrical panel of each unit.
(2) MOBILE HOME.
(a) A movable or portable unit, which is not less than 900 square feet in size, and constructed to be towed on its own chassis (comprised of frame and wheels) from the place of construction to the location or subsequent locations, subject to the provisions of Chapter 15 of the Illinois Vehicle Code, and designed to be connected to utilities for year round occupancy with or without a permanent foundation. The term shall include:
1. Units containing parts that may be folded, collapsed or telescoped when being towed and that may be expanded to provide additional cubic capacity; and
2. Units composed of two or more separately towable components designed to be joined into one integral unit capable of being separated again into the components for repeated towing. The term shall include units designed to be used for residential, commercial, educational or industrial purposes, excluding, however, recreational vehicles.
(b) A red label must be located on the exterior end of the mobile home near floor level at the end opposite the towing hitch, containing the following statement: "As evidenced by this Label No. , the manufacturer certifies to the best of the manufacturer's knowledge and belief that this manufactured home has been inspected in accordance with the requirements of the Department of Housing and Urban Development and is constructed in conformance with the federal manufactured home construction and safety standards in effect on the date of manufacture. See data plate."
(c) Where (doublewides) units of two or more separately towable components are designed to be joined in one integral unit the integrated unit must have a minimum living area of not less than 900 square feet, minimum three-twelvths roof pitch, 12-inch minimum roof overhang and residential style roofing and siding.
FAMILY. Two or more persons related by blood, marriage, legal adoption, guardianship and not more than one unrelated person, maintaining a common household in a dwelling unit.
FINAL CERTIFICATE OF COMPLIANCE (OCCUPANCY PERMIT). A permit issued indicating that the completed structural or other work required to develop land, establish or erect a new use or structure, or enlarge, extend, alter, relocate or reconstruct an existing use or structure, appears to comply with all pertinent requirements of the Development Code and the structure or use may, therefore, be occupied or used. Note: This is not intended to take the place of a whole house inspector.
FINAL PLAT. The final engineering survey maps, drawings and supporting material indicating the subdivision plan which, if accepted, shall be filed with the St. Clair County Recorder of Deeds. Note: For required submittal information, see other sections of this Code.
FLAG. Any fabric, banner or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision or other entity.
FLOOD ELEVATION, REGULATORY. See § 151.476.
FLOOR AREA, GROSS (FOR THE PURPOSE OF DETERMINING FLOOR AREA RATIO). The sum of the gross horizontal areas of the several floors of a building or structure from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but excluding any space where the floor-to-ceiling height is less than six feet.
FLOOR AREA, NET. The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or
loading, and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.
FLOOR AREA RATIO (F.A.R). The gross floor area, in square feet, of all buildings on a lot divided by the total lot area, also in square feet.
FREE-STANDING SIGN. Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.
FRONT LOT LINE. The lot boundary abutting the street. Corner lots have two front lot lines. (See § 151.167 for fence provisions.)
FRONT YARD. The side of a lot that abuts a street. Corner lots have two front yards. (See § 151.167 for fence provisions.)
FRONTAGE. The lineal extent of a lot fronting a street.
FRONTAGE ROAD. A street fronting on an arterial street or highway (usually a limited access highway), used for access to abutting lots.
GRADE. The degree of inclination of the site or right-of-way slope.
GRANDFATHERING. A process whereby a nonconforming lot, structure or use that exists immediately prior to the effective date of this Code may be allowed to continue subject to review and approval of the Village Board of Trustees.
GREENHOUSE. See NURSERY.
GROUP HOME FOR THE DISABLED. A dwelling shared by four or more disabled persons, including resident staff, who live together as a single housekeeping unit and in a long-term, family-like environment in which staff persons provide care, education and participation in community activities for the residents with the primary goal of enabling the resident to live as independently as possible in order to reach their maximum potential.
HARDSHIP. As used in the provisions of this Code pertaining to variances, unreasonable difficulty in complying with Code requirements due to the condition or topography of the land, location of the structure or similar factors. HARDSHIP does not mean personal, family problems, financial problems, size of fenced yard for dogs or similar matters.
HOME OCCUPATION. Any business conducted for monetary gain within a dwelling or on the immediate premises which is in conformity with the applicable provisions of the Development Code. May include service or sales on or off site.
INCIDENTAL SIGN. A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking", "entrance", "loading only", "telephone" and other similar directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered incidental.
IMPROVEMENTS. Any street, curb and gutter, sidewalk, drainage ditch, sewer, catch basins, tree, off-street parking area or other facility necessary for the general use of property owners in a development.
IMPROVEMENTS PLANS. The engineering plans showing types of materials and construction details for the structures and facilities to be installed in, or in conjunction with, a development.
INITIAL CERTIFICATE OF COMPLIANCE. A permit issued indicating that the proposed structural or other work required to develop land, establish or erect a new use or structure, or enlarge, extend, alter, relocate or reconstruct an existing use or structure, appears to comply with all pertinent requirements of the Development Code and may, therefore, proceed.
INTERSECTION. The point at which two or more public rights-of-way (usually streets) meet.
JUNK YARD. A tract of land, including any accessory structures thereon, used for handling and storage of waste or scrap materials. The term JUNK YARD shall include any lot on which two or more inoperable vehicles are parked for longer than seven days in a 30-day period.
JURISDICTIONAL BOUNDARIES. The territorial limits of the village in enforcing the Development Code as defined by state statute relating to zoning and subdivision regulations.
KENNEL. Any structure or premises or portion thereof on which more than three dogs, cats or other household domestic pets over four months of age are bred, trained or boarded for commercial purposes (other than medical services).
LDN. The day/night average level, or the 24-hour equivalent continuous sound level (time averaged A-weighted sound level) from midnight to midnight, obtained after the addition of ten dBA to sound levels measured from 10:00 p.m. to 7:00 a.m.
LEQ. The equivalent continuous sound level which over the period of one hour has the same A-weighted sound energy as the time varying sound.
LOADING SPACE. An off-street space used for the temporary parking of a commercial motor vehicle while loading or unloading merchandise or materials.
LOCAL COLLECTOR STREET.
(1) A street, public or private, which carries or is expected to carry intermediate volumes of traffic from local residential or marginal access streets to major collector or arterial streets which would serve more than 25 dwelling units.
(2) A
LOCAL COLLECTOR STREET may also be commercial or industrial in character and on which parking may be permitted as determined by the Village Board.
LOCAL STREET. A street, public or private, giving access to individual dwelling units or multiple
dwelling units and serves less than 25 dwelling units.
LOGO TYPE BUILDING. A structure of a type and with architectural features making it readily recognizable as a franchise or a chain building style.
LOT. A tract or parcel of land intended as a unit for the purpose (whether immediate or future) of ownership transfer or development; the term is not synonymous with "lot of record".
LOT, CORNER. A lot having at least two adjacent sides that abut for their full length upon streets. Both side lines shall be deemed front lot lines. (See § 151.167 for fence provisions.)
LOT, THROUGH. A lot having a pair of approximately parallel lot lines that abut two approximately parallel streets. Both lot lines shall be deemed front lot lines. (See § 151.167 for fence provisions.)
LOT AREA. Lot area of a horizontal plane bounded by the front, side and rear lines of a lot.
LOT DEPTH. The mean horizontal distance between the front line and rear line of a lot.
LOT LINE, FRONT. The lot boundary abutting the street (corner lots have two front lot lines). (See § 151.167 for fence provisions.)
LOT LINE, REAR. An interior lot line which is most distant from and most nearly parallel to the front lot line (corner lots have two rear lot lines.)
LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.
LOT WIDTH. The mean horizontal distance between the side lines of a lot.
MANUFACTURED HOUSING. See FACTORY BUILT HOUSING.
MARQUEE. Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of a building, generally designed and constructed to provide protection from the weather.
MARQUEE SIGN. Any sign attached to, in any manner, or made a part of a marquee.
MATERIALLY. Significantly, substantially.
MINOR SUBDIVISION. A division of land into at least two, but not more than four, lots, all of which front upon an existing street, and not involving any new streets or other rights-of-way, easements, improvements or other provisions for public areas and facilities.
MOBILE HOME. See FACTORY BUILT HOUSING.
MOBILE HOME PARK. A parcel of land developed for the purpose of providing a location and
accommodations for mobile homes in accordance with the Development Code and applicable state statutes.
MODULAR HOUSING. See FACTORY BUILT HOUSING.
NOISE LEVEL REDUCTION (NLR). The difference between the exterior and interior sound level, expressed in dBA, which is achieved by the intervening structure.
NONCONFORMING. A lot, structure or use legally existing on the adoption date of the Development Code, but not in compliance with the applicable provisions thereof.
NONCONFORMING SIGN. Any sign that does not conform to the requirements of this Code.
NURSERY. A tract of land on which trees, shrubs and other plants are raised for transplanting and sale, and including any structure in which the activities are conducted.
NURSING HOME.
(1) A building used as a medical care facility for persons who need long-term nursing care and medical service, but do not require intensive hospital care.
(2) An establishment serving three or more frail adults for a portion of the day falls under the
NURSING HOME definition.
OCCUPANCY PERMIT. See FINAL CERTIFICATE OF COMPLIANCE.
OFFICIAL ZONING MAP. The map and any amendments thereto designating zoning districts, and incorporated into the Development Code by reference.
PARKING AREA/LOT, OFF-STREET.
(1) Land that is improved in accordance with this Code and used for the storage of passenger motor vehicles, free of charge or for compensation.
(2) An
OFF-STREET PARKING AREA, depending on the circumstances of its use, may be either a principal use or an accessory use.
PARKING SPACE, OFF-STREET.
(1) An off-street space used for the temporary parking of a passenger motor vehicle.
PAVEMENT WIDTH. The mean horizontal distance between the edges of a street; in the case of a curbed and guttered street, the curb-rise shall be considered as the edge of the street.
PERMANENT FOUNDATION. A closed perimeter formation consisting of materials such as concrete, mortared concrete block or mortared brick extending into the ground below the frost line, excluding the use of piers.
PERMITTED USE. Any structure or use which is or may be lawfully erected or established in a particular zoning district, provided it conforms with the requirements of the Development Code.
PENNANT. Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind.
PERSON. Any individual, partnership, firm, association, organization or corporate body.
PLANNED UNIT DEVELOPMENT (PUD). An area of minimum contiguous size, as specified by this
Code to be planned, developed, operated and maintained as a unified development and containing one or more residential clusters or planned unit residential developments or one or more public, quasi-public, commercial or industrial areas in such ranges or ratios of differing uses as specified in this Code.
PLANNING COMMISSION. The Planning Commission of the village.
PLANTING STRIP BUFFER. A landscaped area of land used to protect a structure or use from the harmful effects of an adjacent structure or use (also see BERM.)
POLE BARN. A structure with timber posts for a foundation and a system of wooden posts and girts that comprise the wall framing system.
PORTABLE SIGN. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs, balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless the vehicle is used in the normal day-to-day operations of the business.
PRELIMINARY PLAT. The preliminary engineering survey maps, drawings and supporting material indicating the proposed layout of a subdivision. (See requirements in this Code required for submittal.)
PREMISES. A lot and all the structures and uses thereon.
PRINCIPAL BUILDING. The building in which is conducted the principal use of the zone lot on which it is located. Zone lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages and other clearly accessory uses shall not be considered principal buildings.
PRINCIPAL USE. The primary structure or use erected or established on a lot, as distinguished from a subordinate structure or use defined as "accessory use".
PROJECTING SIGN. Any sign affixed to a building, not including the roof, or wall in such a manner that its leading edge extends more than six inches beyond the surface of the building or wall.
PUBLIC. As applied to utilities, either government-owned or owned by an established firm serving a wide geographical area and/or a substantial number of persons.
REAR LOT LINE. An interior lot line which is most distant from and most nearly parallel to the front lot line.
RECOGNIZED ACOUSTICAL SPECIALIST.
(1) A person qualified by education and experience to conduct sound analysis of buildings.
(2) The approved individual shall have at least three years of experience in the field of sound control; a degree from a recognized institute of higher learning in acoustics or a closely related discipline; and demonstrated expertise in the process of sound analysis of buildings.
RECREATIONAL VEHICLE. A term encompassing any type of vehicle used for recreational, avocational or competitive purposes on land, sea or air pleasure such as travel trailers, motor homes, boats, snowmobiles and the like. RECREATIONAL VEHICLES to include, but not be
limited to, camping trailers, travel trailers, motor homes, mini-motor homes, van camper, camper shells, boats, snowmobiles and the like.
RELOCATE. To move to another portion of a lot or to a different lot.
RESIDENTIAL SIGN. Any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering the service at such location conforms with all requirements of this Code.
RETAIL. The sale of goods or services directly to the consumer rather than to another business.
REVERSE CURVE. A curve in a street heading in approximately the opposite direction from the curve immediately preceding it so as to form an S-shape.
RIGHT-OF-WAY/R.O.W. A strip of land acquired for use for a public road, railroad and the like; and abbreviation for RIGHT-OF-WAY.
ROOF SIGN. Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches.
SELF STORAGE BUILDINGS. Storage buildings typically used to store household or personal items that are not for distribution to wholesalers or retailers.
SERVICE STATION.
(1) A building and premises or portion thereof designed and used for the retail sale of gasoline or other automotive fuel, oil and automotive parts, supplies and accessories.
(2) A
STATION may include facilities for washing vehicles and making minor automotive repairs.
SETBACK. The minimum horizontal distance between a street line and:
(1) The nearest wall of a building or side of a structure facing the street line; or
(2) The edge of the area of operation of a principal use involving no building or structure.
SETBACK LINE. See BUILDING LINE.
SIDE LOT LINE. Any boundary of a lot which is not a front lot line or a rear lot line.
SIDEWALK. A pedestrian way, constructed in compliance with the standards of this Code, that customarily abut or is near the curb line of the street.
SIGN. Any object, device, display or structure, or part thereof, used to advertise, identify, display or attract attention to a person, establishment, product, service or event by any means including words, letters, figures, designs, symbols, fixtures, colors, illumination and the like. The term SIGN includes, but is not limited to, every projecting sign; free-standing sign; window sign; awning, canopy, marquee sign; changeable copy sign; illuminated sign; moving sign; temporary sign; portable sign; pennants; banners, streamers or any other attention-getting device; or other display whether affixed to a building or erected elsewhere on the premises.
SIGN AREA. See §§ 151.105 through 151.119 and Chapter 34 of this Code.
SKIRTING. The covering affixed to the bottom of the exterior walls of a mobile home to prevent wind uplift and to conceal the underside thereof.
SOUND. Energy that is transmitted by pressure waves in the air or in other materials and is the objective cause of the sensation of hearing. It is commonly called NOISE if it is unwanted.
SOUND ATTENUATION. The reduction in sound level which occurs between the source and the receiver.
SOUND LEAK. An opening in a structure through which sound can pass. SOUND LEAKS are often extremely small holes or cracks. In general, an AIR LEAK is a SOUND LEAK.
SOUND LEVEL.
(1) The level of sound pressure measured with a sound level meter and one of its weighing (frequency) networks.
(2) When A-weighing is used, the
SOUND LEVEL is expressed as DBA.
SOUND TRANSMISSION CLASS (STC). A single number rating for describing the degree of sound transmission loss specified for a wall, window, partition or other building element. The higher the STC, the more attenuation the building element will afford.
SPECIAL USE.
(1) A structure or use that has unusual characteristics which distinguish it from the permitted uses of a zoning district, but which can be made compatible with the intended overall development within the district.
(2) SPECIAL USES commonly must meet special standards not necessarily applicable to permitted uses in the district and are allowed only by permit.
SPECIAL USE PERMIT. A permit issued in accordance with the provisions of the Development Code to allow the erection or establishment of special uses.
STICK-BUILT. A term used to describe any type of dwelling other than factory built housing.
STOP ORDER. A type of corrective action order used to halt work in progress that is in violation of the plans and/or Development Code.
STREET. A paved public or private vehicular travel way; the term shall not include aisles or the existing alley. (See also LOCAL STREET and LOCAL COLLECTOR STREET.)
STREET FRONTAGE. The distance for which a lot line of a zone lot adjoins a private or public street, from one lot line intersecting the street to the furthest distant lot line intersecting the same surface.
STRUCTURE. Anything constructed or erected on the ground or attached to something having a fixed location on the ground. All buildings are structures, but not all structures are buildings.
STUB STREET. A street that is temporarily terminated, but that is planned for future continuation.
SUBDIVIDER. Any person, firm, partnership, association, corporation, estate or other group or combination acting as a unit, dividing or proposing to divide land in a manner that constitutes a development, as herein defined.
SUBDIVISION. Any division of land into two or more lots, except as set forth in the Illinois Plats Act, being ILCS Ch. 765, Act 205. (See also MINOR SUBDIVISION.)
SUBDIVISION, VARIANCE. A relaxation in the strict application of the subdivision design and improvements standards.
SUBSTANTIAL IMPROVEMENT. Any improvement to a structure at a cost which equals or exceeds 50% of the structure's market value prior to the start of the project, or if the structure has been damaged, before the damage occurred; the term shall not include life essential improvements required by existing state or local regulations, nor restoration work done to a structure listed on the National or State Register of Historic Places.
SUSPENDED SIGN. A sign that is suspended from the underside of a horizontal plane surface and is supported by the surface.
TEMPORARY. Generally existing for not more than one year.
TEMPORARY SIGN. Any sign that is used only temporarily and is not permanently mounted.
TEMPORARY USE.
(1) A structure or use that is erected or established for a very limited amount of time.
(2) TEMPORARY USES are allowed only by permit.
TEMPORARY USE PERMIT. A permit issued in accordance with the provisions of the Development Code to allow the erection or establishment of temporary uses.
THROUGH LOT. A lot having a pair of approximately parallel lot lines that abut a pair of approximately parallel streets; both lot lines shall be deemed front lot lines.
TOPOGRAPHY. The relief features or surface configuration of an area of land.
TRAVEL TRAILER. A mobile structure designed for temporary occupancy.
UNIPLEX. A dwelling which accommodates two or more families, divided by a common or party wall in which each family area is separately owned (only allowed per § 151.185 of this chapter).
USE. The purpose or activity for which land or a structure thereon is designed, arranged, intended, occupied or maintained.
UTILITY SUBSTATION. A secondary utility facility such as an electrical substation, gas regulator
station, telephone exchange facility, sewage treatment plant and the like.
VACATE. To terminate the legal existence of a right-of-way or subdivision and noted on the final plat recorded with the St. Clair County Recorder of Deeds.
VARIANCE.
(1) A relaxation of the strict application of the requirements of the Development Code.
(2) VARIANCES may be granted for zoning and subdivision regulations alike.
VILLAGE. The Village of Shiloh, Illinois.
VILLAGE STAFF. For allocation of job responsibility, see Chapter 31 of this Code.
WALL SIGN. Any sign attached parallel to, but within six inches of, a wall, painted on the wall surface, or erected and confined within the limits of an outside wall of any building or structure, which is supported by the wall or building and which displays only one sign surface.
WAREHOUSE. A building where wares or goods are stored before distribution to wholesalers or
retailers.
WATERWAY. The area necessary to accommodate the movement of storm water in the 100-year storm event. (The 100-year storm event is defined elsewhere in this Code.)
WHOLESALE. The sale of goods in large amounts to retailers or jobbers rather than to consumers directly.
WINDOW SIGN. Any sign, pictures, symbol or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.
YARD SPACE. Open space located on the same lot as the principal use and unobstructed except as specifically permitted in the Development Code.
ZONING BOARD OF APPEALS. An appellate, interpretive and advisory body designated to assist in the administration of this Code.
ZONING DISTRICT. A portion of the territory within the jurisdictional boundaries of the village wherein certain uniform zoning requirements or various combinations thereof apply to structures, lots and uses under the terms of the Development Code.
(Am. Ord. 2020-03-02B, passed 3-2-2020; Am. Ord. 2022-05-02A, passed 5-2-2022)