To assist in the construction and interpretation of this Title, the following rules and definitions shall apply to all text within this Title:
A. Rules of Construction. The following rules of construction shall apply:
1. The particular shall control the general.
2. The word “shall” is mandatory and not discretionary. The word “may” is permissive.
3. Words used in the present tense shall include the past tense; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.
4. The phrase “used for” includes “arranged for,” “designed for,” “intended for,” “maintained for,” and “occupied for.”
B. Definitions. The following definitions shall apply:
ACCESSORY BUILDING OR USE: | 1. A use customarily incidental and subordinate to the principal use or building, and located on the same lot with such principal use or building. A mobile home shall not be considered permissible as an accessory building. 2. An "accessory use" includes, but is not limited to the following: |
a. A children's playhouse, garden house, and private greenhouse. b. An emergency shelter serving not more than two (2) families. c. A garage, shed, or building for domestic storage. d. Incinerators incidental to residential use. e. Storage of merchandise normally carried in stock on the same lot with any retail service or business use. Unless such storage is excluded by the district regulations. f. A nonpaying guesthouse or rooms for guests within an accessory building, provided such facilities are used for the occasional housing of guest of occupants of the principal building and not for permanent occupancy by others as housekeeping units. g. Off street motor vehicle parking areas and loading and unloading facilities. | |
AGRICULTURE: | The use of land for agricultural purposes. This includes necessary buildings and structures which are used for agriculture including, but not limited to, farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities. Buildings occupied as residences by person not engaged in agricultural operations should not be considered to be used for agricultural purposes. |
ALLEY: | A narrow service way providing a secondary public means of access to abutting properties, and not more than twenty-feet (20') wide. |
ALTERATIONS: | As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another, or by change in use from that of one district classification to another. |
ALTERATIONS, STRUCTURAL: | Any change in the supporting members of a building such as bearing walls, columns, beams, or girders. |
ANIMAL HOSPITAL: | Any building or portion thereof, designated or used for the care, observation or treatment of domestic animals. |
APARTMENT: | A room or suite of rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as a single housekeeping unit, and which contains complete kitchen, bath and toilet facilities, permanently installed. |
APARTMENT HOUSE: | A building arranged, intended, or designed to be occupied by three (3) or more families living independently of each other. |
AREA, BUILDING: | The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps. |
AUTOMOBILE REPAIR MAJOR: | Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair, and overall painting of vehicles. |
AUTOMOBILE REPAIR MINOR: | Incidental repairs, replacement of parts and motor service to automobiles, but not including any operation specified under the definition of "automobile repair, major" in this subsection. |
AUTOMOBILE WRECKING YARD: | Any area of land where two (2) or more motor vehicles, not in running condition, or parts thereof, are stored in the open and not being restored to operation; or any land, building or structure used for the wrecking or storing of such motor vehicles, or parts thereof, not in running condition. |
BASEMENT: | A story partly underground but having at least one-half (1/2) of its height above the average level of the adjoining ground. A "basement" shall be counted as a story for the purposes of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet (5') or if used for business or dwelling purposes. |
BILLBOARD OR SIGNBOARD: | Any structure, or portion thereof, situated on private premises, on which letters, figures or pictorial matter is, or is intended to be, displayed for advertising purposes, other than the name and occupation of the user of, or the nature of, the business constructed on such premises or the product primarily sold or manufactured thereon. This definition shall not be held to include a real estate sign advertising for sale or rent the property upon which it stands. |
BLOCK: | That property abutting on one side of a street between the two (2) nearest intersecting streets or other natural barriers. |
BOARD: | The duly appointed Board of Appeals as established in Chapter 2, Article A of this title. |
BOARD OF APPEALS: | The duly appointed Board of Appeals as established in Chapter 2, Article A of this title. |
BOARDING HOUSE: | A building or premises where meals are served for compensation for five (5) or more persons, but not exceeding twelve (12) persons. An establishment where meals are served for compensation for more than twelve (12) persons shall be deemed a "restaurant". |
BUILDABLE AREA: | The space remaining on a lot after the minimum setback and other requirements of this title are complied with. |
BUILDING: | A structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons, animals, chattels, or property. When separated by party walls, each portion of such "building" shall be considered a separate structure. |
BUILDING AREA: | The maximum horizontal projected area of a building and its accessory buildings, excluding open steps, terraces and cornices projecting not more than thirty inches (30"). |
BUILDING, FRONT LINE OF: | The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps. |
BUILDING HEIGHT: | The vertical distance measured from the average elevation of the proposed existing finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs. |
BUILDING INSPECTOR: | As established in Section 10-2-1 of this title, the duly appointed or employed officer whose duty is to enforce the provisions of any zoning ordinance established by the village. |
BUILDING SETBACK LINE: | A line parallel to the street line at a distance regulated by a front yard requirement as herein established. |
CELLAR: | A story having more than one-half (1/2) of its height below grade. |
COMMISSION: | The duly appointed county or regional planning commission. |
COMPREHENSIVE PLAN: | The complete plan, or any of its parts, for the development the village and prepared by the Village Planning Commission and adopted by the governing body, in accordance with the authority conferred by Article 11, Division 12, Illinois Municipal Code, as amended. |
CORPORATE AUTHORITIES: | See definition of Governing Body. |
COVERAGE: | That percentage of the place or lot area covered by the building area. |
DISTRICT: | A section of the village for which uniform regulations governing the use, height, area, and intensity of use by buildings and land, and open spaces about buildings, are herein established. |
DWELLING: | A building, but not a mobile home, designed or used exclusively as the living quarters for one or more families. |
DWELLING GROUP: | A group of two (2) or more one-family, two-family or multiple-family dwellings occupying a lot in one ownership and having any yard in common. |
DWELLING, MULTI-FAMILY: | A dwelling or group of dwellings on one plot containing separate living units for three (3) or more families, but which may have joint services or facilities, or both. |
DWELLING, ONE-FAMILY: | A detached building designed for or occupied exclusively by one family. |
DWELLING ROW: | A dwelling, the walls on two (2) sides of which are in common with the walls of adjoining dwellings and are party or lot line walls. |
DWELLING, TWO-FAMILY: | A building designed for or occupied exclusively by two (2) families living independently of each other. May also be referred to as a “duplex.” |
DWELLING UNIT: | A building or portion thereof providing complete housekeeping facilities for one family. |
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 governmental agencies or for the public health or safety or general welfare, but not including buildings. |
FAMILY: | One or more persons who live together in one dwelling unit and maintain a common household; may consist of a single person or of two (2) or more persons, whether or not related by blood, marriage or adoption; may also include domestic servants and gratuitous guests. |
FLOORPLAIN: | Lands which are low lying, difficult to drain, subject to flood, or are natural drainageways. |
FLOOR AREA: | 1. The sum of the gross horizontal areas of the several floors of the building or buildings, measured from the exterior faces of exterior walls or from the centerline of walls separating two (2) buildings, in particular, the "floor area" of a building or buildings shall include: a. Basement space. b. Elevator shafts and stairwells at each floor; c. Floor space for mechanical equipment, with structural headroom of seven fee six inches (7'6") or more. d. Penthouses. e. Attic space (whether or not the floor has actually been laid) providing structural headroom of seven feet six inches (7'6") or more. f. Interior balconies and mezzanines. g. Enclosed porches. h. Accessory uses, not including space for accessory off-street parking. 2. However, the "floor area" of a building shall not include: a. Cellar space; except, that cellar space used for retailing shall be included for the purpose of calculating requirements for accessory off street parking spaces and accessory off street loading berths. |
b. Elevator and stair bulkheads, accessory water tanks and cooling towers. c. Floor space used for mechanical equipment with structural headroom of less than seven feet six inches (7'6"). d. Attic space, whether or not a floor has actually been laid, providing structural headroom of less than seven feet six inches (7'6"). e. Uncovered steps. f. Terraces, breezeways and open spaces. g. Accessory off street parking spaces. h. Accessory off street loading berths up to two hundred percent (200%) of the amount required by Chapter 9 of this title. | |
FRONTAGE: | All the property abutting on one side of a road, street or place between two (2) intersecting roads or places (crossing or terminating), or if the road, street or place is dead ended, then all of the property abutting on one side between an intersecting road, street or place and the dead end of the road, street or place. |
GARAGE, PRIVATE: | An accessory building, housing not to exceed four (4) motor driven vehicles, on the property of, and for the use of, the occupants of the lot on which the private garage is located. |
GARAGE, PUBLIC: | Any garage, other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles. |
GOVERNING BODY: | The Board of Trustees of the Village of Stronghurst. |
HOME OCCUPATION: | 1. An accessory use of a service character customarily conducted within a dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use other than a small nameplate and, in connection therewith, there is not involved the keeping of a stock in trade. 2. The office of a physician, surgeon, dentist or other professional person, including an instructor in violin, piano or other individual musical instrument, limited to a single pupil at a time, who offers skilled services to clients, and is not professionally engaged in the purchase or sale of economic goods. 3. The occupations of dressmaker, milliner, or seamstress, each with not more than one paid assistant. 4. Dancing instruction, band instrument instruction in groups, tourist homes, beauty parlors, real estate offices, convalescent homes, mortuary establishments, and stores, trades of businesses of any kind not herein excepted shall not be deemed to be “home occupations.” |
HOSPITAL: | Unless otherwise specified, includes sanitarium, sanatorium, preventorium, clinic, rest home, nursing home, convalescent home or any other place for the diagnosis, treatment or other care of ailments, and shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments. |
JUNKYARD: | As open area or fenced enclosure where used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. A “junkyard” includes an automobile wrecking yard, but does not include uses established entirely within enclosed buildings. |
KENNEL: | Any structure or premises where three (3) or more doges over four (4) months of age are kept. |
LAND USE PLAN: | The comprehensive long range plan for the desirable use of land as officially adopted and as amended from time to time by the governing body; the purpose of such plan being, among other things, to serve as a guide to the zoning and progressive changes in the zoning of land to meet changing village needs, in the subdividing and use of undeveloped land, and in the acquisition of land for such public purposes as roads, parks, schools and other public buildings or public uses. |
LOADING SPACE: | A space within the main building or on the same lot therewith providing for the standing, loading, or unloading of trucks. |
LOT: | A parcel, tract or area of land accessible by means of a road, street or place. It may be a single parcel separately described n a deed or plat which is recorded in the office of the County Recorder, or it may include parts of or a combination of such parcels when adjacent to one another and used as one. |
LOT, CORNER: | A lot at the junction of and having frontage on two (2) or more intersecting streets or roads. |
LOT COVERAGE: | The percentage of the lot area covered by the building area. |
LOT, DEPTH OF: | The mean horizontal distance between the front line and the rear lot line, measured in the general direction of the side lot lines. |
LOT, INTERIOR: | A lot other than a corner lot or through lot. |
LOT LINE, FRONT: | In the case of an interior lot, a line separating the lot from the road, street or place; and in the case of a corner lot, a line separating the narrowest frontage of the lot from the street. |
LOT OF RECORD: | A lot which is part of a subdivision, addition or survey, a plat which is recorded or a parcel of land described by metes and bounds consisting of five (5) acres or less, the plat or description of such parcel of land having been recorded in the office of the County Recorder of deeds prior to the effective date hereof. |
LOT, THROUGH: | A lot having frontage on two (2) parallel or approximately parallel streets and which is not a corner lot. |
LOT WIDTH: | The dimension of a lot, measured between side lot lines on the building line. |
MOBILE HOME: | A structure designed for permanent habitation and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, from the place of its construction to the location, or subsequent locations, at which it is intended to be a permanent habitation and designed to permit the occupancy thereof as a dwelling place for one or more persons. The term “mobile home” shall include manufactured homes constructed after June 30, 1976, in accordance with the federal “National Manufactured Housing Construction and Safety Standards Act of 1974.” |
MOBILE HOME COURT: | An area of land divided into two (2) or more lots or parking berths platted and laid out to provide sites for mobile homes permanently affixed to the land. A mobile home shall be deemed to be permanently affixed to the land when its wheels or other transporting devices have been removed therefrom or otherwise fixed so as to prevent ready removal or ready mobility of such mobile home. |
MOBILE HOME PARK: | An area of land containing two (2) or more mobile homes or providing space where two (2) or more mobile homes are harbored or parked or intended to be harbored or parked without being permanently affixed to the land, either free of charge or for remuneration purposes, and shall include any building, structure, tent vehicle or enclosure used or intended for use as a part of the equipment of such park. |
NET SITE AREA: | That area, in the case of a multiple-family dwelling plan, not occupied by rights of way. |
NONCONFORMING USE: | A building or use of land that does not conform to the regulations for the district in which it is situated. |
PARKING LOT: | Any place, lot, parcel or yard used in whole or in part for the storage or parking of two (2) or more vehicles where such usage is not incidental to or in conjunction with a dwelling, or other usage permissible in dwelling districts and located on the same tract. |
PARKING SPACE: | An off-street space available for the parking of one motor vehicle, and having an area of not less than one hundred sixty (160) square feet exclusive of passageways and driveways appurtenant thereto and giving access thereto and having direct access to a street or alley. |
PLACE: | An open, unoccupied space, other than a street or alley, permanently reserved as the principal means of access to abutting property. |
SERVICE STATION: | A building, buildings, premises or portions thereof which are used or arranged, designed or intended to be used for the retail sale of gasoline or other motor vehicle, motorboat or aircraft fuels. |
STABLE: | Any building, structure or portion thereof which is used in whole or in part for the shelter or care of horses, cattle or other similar animals, either permanently or transiently. |
STORY: | That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between any floor and the ceiling next above it. |
STREET OR ROAD: | A public or private way which affords the principal means of access to abutting properties. |
STREET OR ROAD GRADE: | The officially established grade of the street upon which a lot fronts. If there is no officially established grade, the existing grades of the street shall be taken as the “street grade.” |
STRUCTURE: | Anything constructed or erected, the use of which requires location on the ground, or attachment to something having location on the ground. |
USE: | The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use. |
VILLAGE BOARD OR VILLAGE BOARD OF TRUSTEES: | See definition of Governing Body. |
YARD: | A space on the same lot with a principal building, open, unoccupied, and unobstructed by structures, except as otherwise provided. |
YARD, FRONT: | A yard extending across the full width of the lot, unoccupied other than by steps, walks, terraces, driveways, lampposts and similar structures, the depth of which is the least distance between the front lot line and the building line. |
YARD, REAR: | A yard extending across the full width of the lot between the rear of the principal building and the rear lot line unoccupied other than by accessory buildings which do not occupy more than thirty percent (30%) of the required space, and steps, walks, terraces, driveways, lampposts and similar structures, the depth of which is the least distance between the rear lot line and the rear of such principal building. |
YARD, SIDE: | A yard between the principal building and the side lot line, extending from the front yard, or from the front lot line where no front yard is required, to the rear yard. The width of the required side yard is measured horizontally, at ninety degrees (90°) with the side lot line, from the nearest part of the principal building. |
ZONING DISTRICT MAP(S) COUNTY: | A map or maps, entitled "Henderson County Zoning District Map", for the corresponding area - Henderson County, Stronghurst Township - showing the boundaries of the county zoning districts for the entire area of the county outside the limits of the cities, villages and incorporated towns therein, and dated, and any amendments thereto. (Ord., 3-5-1973; amd. 2006 Code; Ord. 07December2020, 12-7-2020)
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