For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ABANDONED. The discontinuance of a nonconforming use for a period of six continuous months or more. Cessation of a use due to damage caused by fire, explosion, or catastrophe does not constitute ABANDONMENT unless there is no action to commence restoration within 12 months of the incident. Any period of discontinuance of a commercial or industrial use caused by strikes, material shortages, or other circumstances without fault of the owner shall not be considered in calculating the length of discontinuance.
ACCESS. A way or means of vehicular entry onto a property.
ACCESS DRIVE. See DRIVEWAY or DRIVING LANE.
ACCESSORY APARTMENT. A separate dwelling unit within an owner-occupied single-family detached dwelling, complete with its own sleeping, cooking, and sanitary facilities.
ACCESSORY OFFICE. An office use within an owner-occupied single-family detached dwelling.
ACCESSORY PARKING LOT. A parking lot, serving a use on another lot.
ACCESSORY USE. A structure or use on the same lot as a principal use provided that such use meets all of the following characteristics:
(1) The use is related to the principal use.
(2) The use is incidental or subordinate to the principal use.
(3) The use is allowed as a permitted, provisional, or special use in this district, or is a home occupation.
ADJACENT. Adjoining, bordering, touching, or contiguous. This shall also include two lots which are separated by a street, public alley, or public walk.
ADULT ENTERTAINMENT USE (OR ACTIVITY OR ESTABLISHMENT). An adult bookstore, adult cabaret, adult motion picture theater, or similar establishment which regularly features or depicts behavior which is characterized by the exposure of "specified anatomical areas" (as defined by this chapter), or where any employee, operator or owner exposes his or her "specified anatomical area" for viewing of patrons. Such adult entertainment uses may further be defined as follows:
ADULT BOOKSTORE. Any premises from which minors are excluded and in which the retail sale of books, magazines, newspapers, movie films, devices, slides, or other 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. A nightclub, bar, restaurant, theater, or similar establishment which regularly features live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities," or films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified anatomical areas" or by "specified sexual activities."
ADULT MOTION PICTURE THEATER. An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or other photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of "specified anatomical areas" or by "specified sexual activities."
ALLEY. Any public way whose primary function is to furnish secondary vehicular access to the side or rear of properties abutting on each side and having their main access on a street.
ALTERATION. Any act or process which changes one or more of the exterior architectural features of a building and/or improvements to the building which are subject to the design standards for a landmark, or a Conservation or Historic District in which the building is located, including, but not limited to, the erection, construction, reconstruction, or removal of any structure.
ALTERATION, STRUCTURAL. Any change in the structural members of a building, such as foundations, bearing walls, columns, beams, or girders.
AND/OR. AND may be read OR, and OR may be read AND, if the sense requires it.
APPLICANT. A person submitting an application for planning or zoning action.
ASSEMBLY, MANUFACTURING. The process of assembling and packaging premanufactured items into a single final product.
ASSEMBLY, PUBLIC. A structure for groups of people to gather for an event or regularly scheduled program. Places of PUBLIC ASSEMBLY include, but are not limited to, arenas, religious institutions, lecture halls, banquet facilities, and similar facilities.
ASSOCIATED USE. A commercial or industrial enterprise which owns or leases an accessory parking lot for the exclusive use of its or their tenant's customers and employees.
AUTOMOBILE REPAIR, MAJOR. General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers; collision services, including
body, frame, or fender straightening, and repair; vehicle painting, or paint shop; for five or more vehicles per month; servicing to trucks exceeding one and one-half ton capacity.
AUTOMOBILE REPAIR, MINOR. Replacement of parts, maintenance and repair services to passenger cars and trucks not exceeding one and one-half ton capacity, excluding activities defined herein as MAJOR AUTOMOBILE REPAIR.
AUTOMOBILE SALVAGE YARD. A lot, land, building, or structure, or part thereof, used primarily for the dismantling, or salvaging of inoperable vehicles.
AUTOMOBILE SERVICE STATION. A place where gasoline, kerosene, or any other motor fuel, lubricating oil or grease for operating motor vehicles is offered for sale to the public, and deliveries are made directly into motor vehicles, including greasing and oiling on the premises, and including minor automobile repairs.
AWNING. An architectural projection that provides weather protection, and is wholly supported by the structure to which it is attached. The AWNING may provide a business sign or identification, or decoration of the structure to which it is attached. An AWNING is comprised of a lightweight, ridged skeleton structure over which a rigid covering is attached.
AWNING or CANOPY SIGN. An on-premises business sign other than a projecting sign located upon a canopy or awning.
BALCONY. An exterior platform on a structure, projecting from the wall.
BANK. The natural or man-made slope immediately bordering the watercourse or waterbody containing or confining the normal water flow.
BANNER. A strip of flexible material such as cloth, paper, or plastic, securely fastened on all corners to a building or a structure and used to advertise a special event.
BASEMENT. That story of a structure which is partly or completely below grade. A BASEMENT shall be considered a story above grade when the distance from grade to the finished surface of the floor above the basement is more than six feet for more than 50% of the total perimeter or more than 12 feet at any point.
BED AND BREAKFAST HOMESTAY. An owner-occupied single-family detached dwelling in which no more than three bedrooms are rented to transient guests on an overnight basis and in which breakfast only is served to overnight guests.
BED AND BREAKFAST INN. A converted single-family detached dwelling in which rooms are rented to transient guests on an overnight basis. Serving food and subordinate retail sales to the general public are permitted activities within a BED AND BREAKFAST INN.
BEDROOM. A room intended for or capable of being used for sleeping and which is at least 70 square feet in area. A room designated on building plan submittals as a "den", "library", "study", "loft", dining room or other extra room which satisfies the definition and is not a kitchen, living room, or bath will be considered to be a BEDROOM for the purpose of computing bedroom area.
BEDROOM AREA. The floor area of a bedroom exclusive of closet and bathrooms.
BERM. A man-made landform, typically built as an earth mound.
BLOCK. A unit of land bounded by streets or by a combination of streets and public park land, railroad rights-of-way, waterbody, or any other barrier to the continuity to development.
BOARD OF TRUSTEES. The governing body of the village.
BOARDING/ROOMING HOUSE. A single-family dwelling where more than two but less than six rooms are provided for lodging for definite periods of times. Meals mayor may not be provided, but there is one common kitchen facility. No meals are provided to outside guest.
BOND. An obligation in writing, binding the signatory to pay a sum certain upon the happening or failure of an event.
BREWERY. A facility where beverages are manufactured by the alcoholic fermentation of a concoction of barley (or other grain), malt and hops in water. These beverages include, but are not limited to, beer, ale, lager, stout, pilsner, and other malt beverages. A BREWERY may have a tasting room.
BUFFER AREA. Land area used to visibly separate one use from another or to shield or block noise, lights, or other nuisances. BUFFER AREAS may include fences, berms, shrubs, or trees to mitigate the impacts of the more intense use.
BUILDING. See STRUCTURE.
BUILDING HEIGHT. See HEIGHT.
BUILDING LINE. A line parallel to or concentric with the street right-of-way line at any story level of a structure and representing the closest point of any structural part of the building is set back from such right-of-way line.
BUILDING, PRINCIPAL. See STRUCTURE, PRINCIPAL.
BULK REGULATIONS. See DEVELOPMENT STANDARDS.
BULK STORAGE. The storage of chemicals, petroleum products, or hazardous materials in above ground or below ground storage containers designed for wholesale distribution or mass consumption.
BULLETIN BOARD SIGN. A sign of permanent character, but with manually movable letters, words, or numerals indicating the names of persons associated with, events conducted upon, or products or services offered upon the premises where such sign is maintained.
BUSINESS. Any profession, trade, occupation, and any other commercial enterprise conducted for monetary reward.
BUSINESS DAY. Monday through Friday, from 8:00 a.m. until 5:00 p.m., excepting therefrom legal holidays.
BUSINESS SIGN. A sign which directs attention to or identifies a business, or which directs attention to or identifies a commodity, service, or entertainment to be sold or offered for sale. Any sign displaying the name of a business enterprise shall be conclusively presumed to be a BUSINESS SIGN. Any sign displayed on a lot occupied by a business enterprise shall be presumed to be a BUSINESS SIGN.
BY LAW (LAW). As provided by statute of the United States or State of Illinois, or ordinance of the village.
CALIPER. A measurement of the size of a tree equal to the diameter of the trunks measured 18 inches above natural grade.
CANOPY. An architectural projection that provides weather protection and is supported by the building to which it is attached and the outer end by not less than two stanchions. A CANOPY is comprised of a rigid structure over which a rigid covering is attached. The awning or CANOPY may provide a business sign or identification, or decoration of the structure which it is attached to. A CANOPY shall have a projection of no less than two feet and is comprised of a rigid structure over which a rigid covering is attached.
CARPORT, FREESTANDING. A freestanding roof structure open on all sides intended to provide protection for motor vehicles parked below. For purposes of signage, signs on FREESTANDING CARPORTS shall be treated as wall signs.
CELLAR. A story of building having more than three-fourths of its height below the level of the finished grade at all points on walls facing front and side yards.
CEMETERY. Land used or intended to be used for the burial of dead human or dead animals and dedicated for cemetery purposes.
CLERK. Village Clerk.
CLINIC. A place used for the care, diagnosis, and treatment of sick, ailing, infirm, or injured persons and those who are in need of medical or surgical attention, but who are not provided with board or kept overnight on the premises.
CLUB, COUNTRY. A membership organization whose facilities are available for use only by its dues paying members and their guests. The term shall include private country clubs that have at least a nine-hole golf course.
CLUSTER DEVELOPMENT. A form of planned development that permits a reduction in lot area, provided that the overall floor area ratio and open space requirements comply with the requirements in this chapter, and overall density levels are maintained. The clustering of dwelling units in one area on smaller lots allows the preservation of environmentally sensitive features and areas that can be dedicated to common open space.
COLLEGE. An educational institution authorized by the state to award associate, baccalaureate, or higher degrees.
COMMERCIAL FEED LOT. Any tract on which the principal use is the concentrated or forced feeding of livestock, fish, fowl, or other animals for the sale of such animals or the sale of products derived from such animals.
COMMERCIAL RECREATION, INDOOR. Establishments where recreational or sporting activities are carried on completely indoors. Such establishments may include, but not be limited to, bowling alleys, dance halls, skating rinks, racquet clubs, indoor swimming pools, gyms, and other similar facilities.
COMMERCIAL RECREATION, OUTDOOR. Establishments where recreational or sporting activities that are conducted outdoors. Such establishments may include, but not be limited to, miniature golf, batting cages, go-cart tracks, stables and other similar operations.
COMMERCIAL SERVICE. Retail establishments that primarily render services rather than goods. Such services may include, but not be limited to, copy shops, printing services, package and postal services, photo processing, janitorial services, and similar operations.
COMMON LOT LINE DWELLINGS. See DWELLING, COMMON LOT LINE.
COMMUNITY FACILITY. A noncommercial use established primarily for the benefit and service of the population of the community or region in which it is located including schools, community colleges and universities.
COMMUNITY LIVING FACILITY. A dwelling unit operated to provide supervision, food, lodging, or other services to a service dependent population as
herein defined, living and cooking together in a single cooperative housekeeping unit, consisting of:
(1) A basic group of members of a service dependent population.
(2) Additional staff persons providing supervision of service to the basic group.
COMMUNITY LIVING FACILITY, CATEGORY I (CLF1). A community living facility with a basic group limited to not more than four service dependent individuals plus a maximum of two resident (live-in) staff at any given time, subject to a higher number of staff if required to meet state or federal regulations. Said facility is intended for permanent placements, and shall not be for crisis or short-term, transient placements.
COMMUNITY LIVING FACILITY, CATEGORY II (CLF2). A community living facility with a basic group limited to not more than eight service dependent individuals plus a maximum of two resident (live-in) staff at any given time, subject to a higher number of staff if required to meet state or federal regulations. Said facility is intended for permanent placements, and shall not be for crisis or short-term, transient placements.
COMMUNITY LIVING FACILITY, CATEGORY III (CLF3). A community living facility with a basic group limited to not more than 16 service dependent individuals plus staff. Said facility may be used for temporary or permanent placement of service dependent individuals.
CONFORMING USE. Any use of a structure or land which is a permitted, or approved provisional or special use in the district in which the structure or land is situated and which conforms to the regulations of that district and all other regulations of this chapter. Also see §§ 154.230 through 154.234, for further definitions.
CONSERVATION DISTRICT. An area designated as a CONSERVATION DISTRICT by ordinance of the Village Board which contains buildings or sites within definable geographic boundaries that, while not of such historic and/or architectural significance to be designated as a landmark or included within a Historic District, nevertheless are characterized by sound housing or commercial buildings that contribute to the visual characteristics or distinctive atmosphere of the neighborhood in which such property is located.
CONSTRUCTION. Any act or process which requires a building permit and which adds an addition onto an existing building or erects a new principal or accessory structure on a lot which is subject to the design standards for the district in which the property is located.
CONTRIBUTING BUILDING. A building, site, structure, or object that adds to the historic association, historic architectural quality, or cultural values because it was present during the period of significance, relates to the documented significance of the property, and possesses historic integrity, or is capable of yielding important information about the period.
CONVENIENCE STORE. A retail store selling predominantly food items that has a total floor area of the use less than 10,000 square feet.
COUNTY. Tolono County, Illinois.
COURTYARD. An open, uncovered and unoccupied space, other than a yard, which is bounded in whole or in part by the walls of a building.
DAY CARE CENTER, ADULT. A building or portion thereof, used to receive adults, for short term hours of care, not providing for overnight occupancy, and used to provide essential personal care, protection, supervision, training, or programs to meet
the needs of the adults served, but which shall not include day/night care home.
DAY CARE CENTER/NURSERY SCHOOL. A building or portion thereof, properly licensed by the State of Illinois or any other applicable governmental agency used to receive infants, preschool, school age children, or combinations thereof, for short term hours of care, not providing for overnight occupancy, and used to provide essential personal care, protection, supervision, training, or programs to meet the needs of the children served, but which shall not include school or day/night care home. Such facility shall provide a minimum of four stacking spaces for off-street drop-off parking and loading of children shall be provided to accommodate customers. Such facility shall be designed and used so that there is no play equipment or care of children in the front or side yard setback. Outdoor activities shall only be permitted between 8:00 a.m. and 6:00 p.m.
DAY/NIGHT CARE HOME. A dwelling unit actually occupied by a family, properly licensed by the State of Illinois or any other applicable governmental agency which is used or designed to be used for care of not more than eight children under the age of 16 years who are not part of the family occupying the dwelling unit; provided that the maximum of eight children includes all children under the age of 16 years who are part of the family occupying the dwelling unit, and provided further that any children who are not part of the family are received for care for less than 24 consecutive hours. Such facility shall be designed and used so that there is no play equipment or care of children in the front or side yard setback. Outdoor activities shall only be permitted between 8:00 a.m. and 6:00 p.m.
DEMOLITION. Any act or process which destroys in part or whole a feature of a building which is subject to the design standards for a landmark or building within a Conservation or Historic District.
DENSITY. The number of dwelling units per acre.
DENSITY, GROSS. The density based on all land within the boundaries of the particular area.
DENSITY, NET. The density based on land within the boundaries of the particular area excluding public rights-of-way.
DESIGN STANDARDS. A set of guidelines regarding the architectural appearance of a building, or improvement, which governs the alteration, construction, demolition, or relocation of a building, or improvement.
DESTROYED. Damage to a building caused by fire, explosion, or other catastrophe in which the costs to reconstruct or repair the building exceed more than 50% of the value of the building immediately prior to the time the damage occurred.
DEVELOPMENT STANDARDS. Standards established by this chapter for zoning lots or the placement or size of a building on the lot.
DISTRICT. A territory delineated on the Zoning Map for which the regulations and restrictions of this chapter governing the use of land and buildings, height of buildings, bulk of buildings, floor area, open space, size and location of yards, and off-street parking facilities are uniform.
DORMITORY. A building in which lodging is regularly provided or offered for compensation to three or more persons by prearrangement and for definite periods of time, and in which provisions for cooking facilities within individual units may or may not be provided.
DRIVE-IN or DRIVE-THROUGH. A building or portion thereof which is designed to provide either wholly or in part, service to customers in vehicles that are either parked or stacked in a service lane. DRIVE-IN FACILITIES include, but are not limited to, drive-in restaurants, drive-in banking facilities, and other uses with drive-up windows.
DRIVEWAY or DRIVING LANE. A private roadway providing access for vehicles to a parking space, garage, dwelling, or other structure.
DUPLEX. See DWELLING, TWO-FAMILY.
DWELLING. Any building or a portion of a building, occupied or designed to be occupied by one or more units each of which is used or designed to be used as a permanent place of abode for human occupancy.
DWELLING, ATTACHED. A one-family dwelling attached to one or more one-family dwellings by common vertical walls. This is also known as DWELLING, COMMON LOT LINE.
DWELLING, COMMON LOT LINE. A dwelling unit that adjoins another dwelling unit at a common lot line with each dwelling unit being located on its own separate lot.
DWELLING, DETACHED. A single dwelling which is not attached to any other dwelling unit or structure.
DWELLING, MULTIFAMILY. A structure or portion of a building containing three or more dwelling units, or one or more dwelling units if located within a mixed-use building that contains a non-residential use.
DWELLING, SINGLE-FAMILY. One detached dwelling unit on an individual lot.
DWELLING, TWO-FAMILY. A dwelling containing two dwelling units on a single lot. This is commonly referred to as a DUPLEX.
DWELLING UNIT. One or more rooms, designed, occupied, or intended for occupancy as separate living quarters, with cooking, sleeping, and sanitary facilities provided within the unit for the exclusive use of a single-family maintaining a household.
EASEMENT. A grant of one or more of the property rights by the grantor or property owner to the grantee for use by the public, a corporation, or another person or entity.
EASEMENT, DRAINAGE. An easement for the installation, preservation or maintenance of stormwater sewers, stormwater control apparatus, or drainage ditches of a drainage way, natural stream, watercourse, or other drainage facility.
EASEMENT, MAINTENANCE. An easement which provides access for maintenance of an adjoining stream, building, or property.
EASEMENT, UTILITY. A general easement for the location and maintenance of public utilities.
EGRESS. An exit.
ELECTRONIC BULLETIN BOARD. A sign of permanent character, but with electronically changeable letters, words, or numerals indicating the names of persons associated with or events conducted upon or products or services offered upon the premises where the sign is maintained which changes no more than once in any 15-minute period, illuminated internally by means of electric bulbs or other similar methods, controlled electronically, and able to be programmed to change indefinitely.
ELECTRONIC MESSAGE SIGN, CHANGING. A sign whose words, numerals or other images indicating the names of persons associated with or events conducted upon or products or services offered upon the premises where the sign is maintained, which changes more than once in any 15-minute period, and is illuminated internally by means of electric bulbs or other similar methods, controlled electronically and able to be programmed to change indefinitely.
EMERGENCIES. Life or health threatening condition which requires immediate attention.
EMERGENCY SHELTER FOR THE HOMELESS. A structure utilized for emergency housing in a dormitory-style setting in which each resident lives at the shelter for a period not to exceed 60 consecutive days.
ENLARGEMENT. An increase in the exterior footprint or floor area of an existing structure or building.
EROSION. The detachment and movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice and gravity.
EXPANSION. See ENLARGEMENT.
EXTERIOR ARCHITECTURAL APPEARANCE. The architectural character and general composition of the exterior of a structure, including but not limited to, the kind and texture of the building material and the type, design, and character of all windows, doors, light fixtures, ornamental details, signs, and appurtenant elements.
FACTORY BUILT HOME. A home including modular, precut, paneled, kit and log homes. Such homes consist of panels or precut materials which are shipped to the site and assembled there.
FAMILY. A person living alone, or two or more persons living together as a single housekeeping unit in a dwelling unit, as distinguished from a group occupying a rooming house, motel, hotel, fraternity, or sorority house, provided, however, that for the purposes of definition, FAMILY shall not include more than four persons unrelated to each other by blood, marriage, or legal adoption. FAMILY shall include members of the service dependent population living in community living facilities and recovery homes as herein defined.
FARM. A property used for the growing and storage of the usual agricultural products such as grain, vegetables, and fruit. The term FARMS includes the utilization of such land for one or more of
the above uses with the necessary operations for treating or storing the produce provided, however, that the operation of any accessory uses shall be secondary to that of the normal farming activities.
(1) A commercial feed lot shall not be considered a FARM.
(2) Residential structures occupied by persons primarily engaged in farming at the location of the farm shall be included in the term FARMING. However, there shall not be more than three dwelling units on any one FARM.
FARM, LIVESTOCK. A tract of land used for the growing and storage of the usual agricultural products such as grain, vegetables, and fruit, as well as for the raising thereon of the usual farm poultry and farm animals, including but not limited to, horses, cattle, sheep and swine.
FINANCIAL INSTITUTION. A bank, savings and loan, credit union, mortgage office, or automated teller machine (ATM). FINANCIAL INSTITUTION shall not include a currency exchange.
FITNESS AND BEAUTY SERVICES. Include facilities offering services for personal grooming, appearance, and physical fitness. Such facilities include, but are not limited to barbers, beauty salons, tanning salons, massage parlors, health clubs, and other similar operations.
FLAG. A device generally made of flexible material, such as cloth, paper, or plastic, and displayed from a pole, cable or rope. It may or may not include copy.
FLAG, BUSINESS. A flag displaying the name, insignia, emblem, or logo of a profit-making entity.
FLAG DISPLAY. A display of two or more flags in close proximity, mounted on permanent flagpoles or brackets attached to a building, which are clearly related in form, design, and scale.
FLAG, PUBLIC OR GOVERNMENTAL. A flag displaying the name, insignia, emblem, or logo of any nation, state, municipality, or noncommercial organization.
FLASHING SIGN. A sign which exhibits artificially changing light or color effects which is visible from the right-of-way or adjoining properties.
FLOOD. A general or temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation of the runoff of surface waters from any source.
FLOODPLAIN. The land adjacent to a body of water with ground surface elevations at or below the base flood or a particular year frequency flood elevation.
FLOOR AREA. Gross floor area, measured to the outside walls, but exclusive of such floor area as may be used for:
(1) Parking facilities within the principal building;
(2) Cellars in single-family dwellings;
(3) Penthouse housing ventilators, heating systems, and similar uses.
(4) Enclosed space devoted exclusively to recreational use.
FLOOR AREA RATIO. Gross floor area divided by total lot area.
FOOTCANDLE. A measure of illumination on a surface that is everywhere one foot from a uniform point source of light of one candle and equal to one lumen per square foot.
FREESTANDING SIGN or OUTDOOR ADVERTISING SIGN STRUCTURE. A sign or outdoor advertising sign structure secured to the ground and not attached to a building.
FRONTAGE. That portion of a lot abutting a street.
GARAGE, PRIVATE. An accessory structure or a portion of a principal structure designed for the storage of one or more automobiles belonging to the occupants of a specified dwelling. This term shall also include "carport."
GARAGE, PUBLIC PARKING. Any structure used for the storage of more than one automobile for compensation.
GAS STATION. See AUTOMOBILE SERVICE STATION.
GENDER. Words in any section importing the masculine gender shall include the feminine and neuter as well as the masculine.
GOVERNMENT BUILDING. A structure, or a portion thereof used for the operations of the Village of Tolono, State of Illinois, federal government, or any other unit of government authorized by village, state, or federal legislation. Buildings owned by a governmental entity which are leased or operated as a private enterprise shall not be classified as a GOVERNMENT BUILDING.
GROSS AREA. The entire area within the development boundaries.
GROUNDWATER. The supply of freshwater under the surface in an aquifer or soil that forms a natural reservoir.
GROUP HOUSING, UNIVERSITY. Group housing structures, certified by the university as approved residences for university students. Such housing structures include dormitories, fraternities, sororities, and other certified structures.
HAZARDOUS SUBSTANCE. Any substance defined as hazardous by the village, state or federal government from time to time.
HEALTH OFFICER. The head Public Health Administrator of the Tolono—Urbana Public Health District or any person designated by the Village Board to perform the village health functions and duties.
HEIGHT, BUILDING. The mean vertical distance from the average established grade in the front of the lot or from the average natural grade at the building line, if higher, to the average height of the top of the cornice of flat roofs, to the deck line of a mansard roof, to the mid-height of the highest gable or dormer in a pitched or hipped roof or if there are no gables or dormers to the mid-height of a pitched or hipped roof.
(1) Where a lot faces on two or more streets or alleys of different average established grades in front of the lots, the higher of such grades shall control only for a depth of 120 feet perpendicularly back from the street line of the higher street or alley.
(2) On a corner lot, the HEIGHT is the mean vertical distance from the average established grade or from the average natural grade at the building line, if higher, on the street of greatest width, or if two or more streets are of the same width, from the higher of such grades.
HEIGHT, SIGN OR OUTDOOR ADVERTISING SIGN STRUCTURE. The height of a sign or outdoor advertising sign structure shall be the distance from the top of the highest portion of the sign or structure to:
(1) The grade at the foundation of the sign or outdoor advertising sign structure.
(2) The average grade of the lot, whichever distance is greater.
HISTORIC. Includes, but is not limited to cultural, artistic, social, economic, ethnic, or political heritage.
HISTORIC DISTRICT. An area designated as an HISTORIC DISTRICT by ordinance of the Village Board of Trustees which contains within definable
geographic boundaries, properties, or buildings, which may or may not be landmarks, which contribute to the overall historic character of the designated area.
HISTORIC PRESERVATION DESIGN STANDARDS. See DESIGN STANDARDS.
HOME OCCUPATION. An accessory use within a dwelling unit, involving the manufacture, provision, or sale of goods or services or a combination thereof, which is carried on by residents of the dwelling unit.
HOSPITAL. A building or portion thereof used for the treatment of sick, injured or infirm persons and licensed as a hospital by the state.
HOTEL/MOTEL. A building in which lodging or lodging and meals are regularly provided or offered to the public for compensation and which is customarily open to transient guests.
ILCS. The latest edition of the Illinois Compiled Statutes.
ILLUMINATED SIGN. A sign designed to give forth any artificial light or reflect light from any artificial source.
IMMEDIATELY ADJACENT. Adjoining, bordering, touching, or contiguous. If two lots are separated by a street, public alley, or public walk, they shall not be deemed immediately adjacent.
IMPROVEMENT. Any building, structure, bridge, work of art, area, parking facility, public facility, fence, gate, wall, landscaping, or other object constituting a physical addition to real property, or any part of such addition.
INGRESS. Access or entry point or entrance.
INSTITUTIONAL USE. A nonprofit or quasi-public use such as a religious institution, library, public, or private school, hospital, or government owned, or operated structure or land used for public purpose.
INSTRUCTIONAL OR DIRECTIONAL SIGN. A sign conveying instructions or directions with respect to the lot on which is it located. A business name or logo may be a part of an INSTRUCTIONAL OR DIRECTIONAL SIGN, providing that it occupies less than 50% of the surface area.
INTERNAL CIRCULATION SYSTEM. A road providing primary access to properties within a planned development, special use, or other unified development.
JOINT AUTHORITY. That authority given to several persons or officers. Such authority vests in a majority of such persons or officers.
JUNKYARD. A lot, land, building, structure, or part thereof, used primarily for the collecting, storage, and/or sale of scrap metal, or for the collecting, dismantling, storage, salvaging of machinery, appliances, or inoperable vehicles.
KEEPER. One in possession of or who has the care, custody or superintendence of a thing, place, or business whether or not the owner or proprietor which may include any person, firm, association, corporation, club, and co-partnership whether acting by themselves or by a servant, agent, or employee.
KENNEL. Any structure or premises on which five or more domesticated animals are maintained, boarded, harbored, housed, fed or offered for sale.
LANDMARK. A property, structure, or building designated as a LANDMARK by ordinance of the Village Board which is worthy of rehabilitation, restoration, and preservation because of its historic and/or architectural significance to the village.
LANDSCAPE. The berms, trees, shrubbery, lawns, grass, and groundcover which is on a parcel.
LANDSCAPE SETBACK. That area along the common property line, associated with the side or rear yard areas of a lot, which is improved with berms, trees, shrubs, groundcovers, or structural screening walls for the purpose of physically separating and buffering adjacent land uses.
LANDSCAPING. Changing, rearranging, or adding to the original vegetation or scenery to produce an aesthetic effect.
LOADING SPACE OR AREA. An off-street space or berth on the same lot with a building or contiguous to a group of buildings for the parking of a vehicle while loading or unloading merchandise or materials and which abuts upon a driveway, street, alley, or other appropriate means of access.
LOCAL STREET. See STREET, LOCAL.
LODGE. A membership organization which holds regular meetings and which may, subject to other regulations controlling such uses, maintain dining facilities, serve alcohol, or engage professional entertainment for the enjoyment of dues paying members and their guests. There are no sleeping facilities. This definition shall not include fraternities or sororities.
LOT. A unit of land intended to be used for the development of a principal use.
LOT, ADJACENT. Adjoining, bordering, touching, or contiguous. If two lots are separated by a street, public alley, or public walk they shall not be deemed to be adjacent.
LOT, CORNER. A lot abutting two or more streets at their intersection, or upon two parts of the same street, such intersecting streets or parts of the same street forming an interior angle of less than 135 degrees.
LOT COVERAGE. That portion of the lot that is covered by buildings and structures.
LOT, DOUBLE FRONTAGE. See LOT, THROUGH.
LOT, INTERIOR. A lot other than a corner lot.
LOT LINE. The perimeter of a lot as defined by public records which divides one lot from another lot or from a public or private street or any other public space.
LOT LINE, FRONT. The line dividing a lot from a street, unless the property fronts on two streets. In this instance the FRONT LINE shall be the shortest line of the two if the shorter line is 80% or less of the longer. In the instance the line is not, then the property owner may choose which line is the FRONT LINE.
LOT LINE, REAR. The lot line opposite the front lot line. In the case of an irregular or triangular shaped lot, it shall mean a line within the lot, ten feet long parallel to and at the maximum distance from the front lot line.
LOT LINE, SIDE. Any lot line other than a front or rear lot line.
LOT OF RECORD. A lot which exists as shown or described on a plat or deed which has been recorded in the office of the Recorder of Champaign County.
LOT, ROWHOUSE, EXTERIOR. A lot which is or is intended to be a site for a rowhouse with a similar rowhouse attached on only one side.
LOT, ROWHOUSE, INTERIOR. A lot which is or is intended to be a site for a rowhouse with a similar rowhouse attached on each side.
LOT, THROUGH. A lot having frontage on two streets, but not a corner lot.
LOT WIDTH, MINIMUM. The distance measured along a straight line between the points at which the front setback line intersects the side lot lines.
LOT, ZONING. One or more buildable lots located within a single block, which is designated as a tract to be used, developed, or built upon as a unit under single ownership or control. A ZONING LOT may or may not coincide with a lot of record.
LOW-RISE MULTI-FAMILY RESIDENTIAL. A single structure of two or three stories in height. Each dwelling unit is confined horizontally to an
individual floor or combination of floors, but with a dwelling unit immediately above and/or below.
LUMINAIRE. A complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts.
MAJOR PLANNED DEVELOPMENT. A development which meets either of the following conditions:
(1) Comprises more than 60,000 square feet of land area; or
(2) Proposes more than 20,000 square feet of gross building area; or
(3) Proposes more than 20 dwelling units.
MANUFACTURED HOME. A structure transportable in one or more sections, which in the traveling mode is eight feet wide or more and 40 feet long or more, and when erected, is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. Such units are certified as being built to the "HUD" Construction Code. Also see MOBILE HOME.
MANUFACTURING 1, HEAVY. The converting of raw or partially processed materials into a product used for further processing or distribution. Examples of HEAVY MANUFACTURING include, lumber and paper mills, sewage treatment plants, stone, clay, glass product manufacturing, asphalt and concrete batch plants, and similar operations. These uses may be conducted partially or wholly outdoors and usually create noxious by-products such as dust, fumes, hazardous waste products, noise, vibration and glare.
MANUFACTURING 2, HEAVY. The same processes as heavy manufacturing 1, but these uses pose special health or safety hazards requiring special use review. Such uses include, acid manufacture, cement, lime, gypsum manufacture, explosive manufacture or storage, fertilizer manufacture,
petroleum refining, petrochemical plant, smelting of tin, copper, zinc, or iron ores, stockyards, and other similar uses.
MANUFACTURING, LIGHT. The assembling, altering, processing, converting, or finishing of preprocessed materials for food or consumer products. Operations are conducted mostly indoors with limited by-products.
MAY. The term is permissive and discretionary.
MICROBREWERY. A brewery that produces less than 10,000 barrels of beer per year. A MICROBREWERY may include a tasting room.
MID-RISE MULTI-FAMILY RESIDENTIAL. A single structure of between two and three stories in height which includes multiple dwelling units with individual entrances to each dwelling from a shared interior corridor or common area. Each dwelling unit is confined horizontally to an individual floor or combination of floors, but with a dwelling unit immediately above and/or below.
MINI-MART. A convenience store where food and grocery items are sold along with motor fuel.
MINOR PLANNED DEVELOPMENT. A planned development which does not come within the definition of MAJOR PLANNED DEVELOPMENT.
MINOR WORKS. Those exterior changes that do not involve substantial alterations, additions, or removals that could impair the integrity of the property and/or the district as a whole.
MITIGATION PLAN. A strategy developed by the property owner, and approved by the Planning and Zoning Board to alleviate or mitigate any existing or potential negative impacts of a nonconforming use on surrounding properties.
MIXED USE. The use of a tract of land or structure with two or more different principal uses. Each use must comply with the use regulations of this chapter.
MODULAR HOME. See FACTORY BUILT HOME.
MOBILE HOME; MOBILE (MANUFACTURED) HOME. A moveable or portable unit, designed and constructed to be towed or driven on its own chassis, comprised of frame and wheels, and designed to be connected to utilities for occupancy and to provide complete independent living facilities including provisions for cooking, sleeping, and sanitation. The term includes units containing parts that may be folded, collapsed, or telescoped when being towed and then be expanded to provide additional capacity, and units composed of two or more separately towable components designed to be joined into one integral unit capable of being again separated in components for repeating towing. Removal of wheels, towing devices, and any other alterations does not qualify a mobile home as a conventional single family dwelling. Also, see MANUFACTURED HOME.
MOBILE (MANUFACTURED) HOME SITE. A clearly designated parcel of land intended for the placement of an individual mobile (manufactured) home and for the exclusive use of its occupants.
MOBILE (MANUFACTURED) HOME PARK. A contiguous parcel of land planned and improved for the placement of two or more mobile (manufactured) homes for permanent habitation, and shall include any building, structure, vehicle, or enclosure used or intended for use as a part of the equipment of such mobile (manufactured) home park.
MOBILE (MANUFACTURED) HOME PARK SERVICE BUILDING. A permanent structure housing laundry, recreation, office, sanitation or other community facilities as required in mobile (manufactured) home parks for the use by the mobile (manufactured) home park occupants.
MOBILE (MANUFACTURED) HOME STAND. That part of an individual mobile (manufactured) home site which has been constructed for the placement of a mobile (manufactured) home.
MONTH. A calendar month.
MULTI-FAMILY DWELLING. See DWELLING, MULTI-FAMILY.
NET AREA. The area within the development boundaries not including areas for public or private streets, driveways, or utility easements.
NONCONFORMING FEATURE. A characteristic of a building or property such as signs, parking, loading, landscaping, performance standards, or condition of a special/provisional use which lawfully existed prior to the enactment of the requirements of this chapter, but does not comply with the current requirements of this chapter.
NONCONFORMING LOCATION. A use which lawfully existed prior to the enactment of the requirements of this chapter and is permitted in the zoning district, but does not meet the location requirements of the district.
NONCONFORMING LOT. A lot which lawfully existed prior to the enactment of the requirements of this chapter, but which does not meet the minimum lot size or lot width requirements of the zoning district in which it is located.
NONCONFORMING SIGN or OUTDOOR ADVERTISING SIGN STRUCTURE. A nonconforming sign or outdoor sign structure which is:
(1) A sign or outdoor advertising sign structure lawfully erected, constructed, installed, or maintained prior to the enactment of the regulations in this chapter, which does not conform to the standards or requirements for permitted signs and is not specifically prohibited.
(2) A sign or outdoor advertising sign structure lawfully erected, constructed, installed, or maintained after the enactment of the regulations in this chapter, which does not conform to existing standards or requirements for permitted signs because of annexation, change in zoning districts, or amendments to §§ 154.200 through 154.204.
NONCONFORMING STRUCTURE. A structure or part thereof which lawfully existed prior to the enactment of the requirements in this chapter, but is not in conformance with the zoning regulations covering building bulk, dimensions, height, area, yards, or floor area ratio of the district in which it is located.
NONCONFORMING USE. A use of land or a building which lawfully existed prior to the enactment of the requirements of this chapter and which does not comply with the use restrictions of the zoning district in which it is located.
NONCONFORMITY. Any nonconforming aspect of a structure, land, or use as defined in this chapter.
NONCONTRIBUTING BUILDING. A building, site, structure, or object which does not add to the historic architectural qualities, historic association, or cultural values of the area because it was not present during the period of significance or does not relate to the documented significance of the property, due to alterations, disturbances, additions, or other changes, or because it no longer possesses historic integrity nor is capable of yielding important information about the period.
NUMBER. Words used in the singular include the plural and the plural includes the singular.
OATH. Any form of attestation by which a person signifies that he or she is bound in conscience to perform an act or to speak faithfully and truthfully, and includes an affirmation or declaration in cases where by law an affirmation may be substituted for an oath.
OBSTRUCTION, LAND. Any building, structure, apparatus, mechanical equipment, fence, or other construction of a long-term nature placed above or on the ground within a required yard, setback, or buffer area.
OBSTRUCTION, WATERCOURSE. Any dam, wall, embankment, levee, dike, pile, abutment, soil material, bridge, conduit, culvert, building, wire, fence, refuse, fill, structure, or other matter in, along
across, or projecting into any channel, watercourse, or floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching debris carried by such water, or that is placed where the flow of water might carry the same downstream.
OCCUPANT. Tenant or person in actual possession.
OCCUPATION, HOME. See HOME OCCUPATION.
OFFICE. A room, or a suite of rooms, or portion of a building used for the practice of a profession, or for the conduct of a business which involves the accessory sale of goods from the premises. If the goods or merchandise are sold for delivery on or from the premises and constitutes a portion greater than 20% of the gross revenue from the office, then the premises shall be considered to be a store rather than an office.
OFFICE BUILDING. A building used primarily for offices which may include ancillary services for office workers such as a restaurant, coffee shop, newspaper, or candy stand.
OFFICE CONVERSION. A single-family residential structure occupied by or converted for an office use.
OFFICE PARK. A development that contains a number of separate office buildings, supporting uses, and open space designed, planned, constructed and managed on an integrated and coordinated basis.
OFFICER, EMPLOYEE, DEPARTMENT, BOARD, COMMISSION OR OTHER AGENCY. Whenever any OFFICER, EMPLOYEE, DEPARTMENT, BOARD, COMMISSION, OR OTHER AGENCY, is referred to by title only, such reference shall be construed as if followed by the words "of the Village of Tolono, Illinois." Whenever, by the provisions of this chapter, any OFFICER, EMPLOYEE, DEPARTMENT, BOARD, COMMISSION OR OTHER AGENCY of the village
is assigned any duty or empowered to perform any act or duty, reference to such OFFICER, EMPLOYEE, DEPARTMENT, BOARD, COMMISSION, OR OTHER AGENCY shall mean and include such officer or any designee or authorized subordinate and shall also include the successor in function to such OFFICER, EMPLOYEE, DEPARTMENT, BOARD, COMMISSION, OR AGENCY when such succession has been authorized or directed by the Village Board.
OFF-PREMISES SIGN. A business sign which is not included in the definition of SIGN, ON-PREMISES.
ON-PREMISES SIGN. A business sign which relates solely to a use or business conducted upon, or to a principal product, service, or entertainment sold, provided, or offered upon the lot where the sign is located.
OPEN SPACE. See OPEN SPACE, USABLE.
OPEN SPACE, COMMON. Usable open space that is unobstructed to the sky and is devoted to recreational, park, or natural amenities for the enjoyment of all occupants of the development.
OPEN SPACE, PUBLIC. Such uses as parks, cemeteries, playgrounds and other similar public uses.
OPEN SPACE RATIO. Usable open space divided by the total floor area.
OPEN SPACE, USABLE. That required portion of a lot that is unoccupied by mechanical equipment and available to all occupants of the building. This USABLE OPEN SPACE shall not be devoted to service driveways, off-street parking spaces, or loading berths. Such space shall be usable for greenery, recreational space, and other leisure activities normally carried on outdoors.
OPERATE. Carry on, keep, conduct, maintain, manage, direct, or superintend.
ORDINANCES. The ordinances of the village and all amendments and supplements thereto.
OUTDOOR ADVERTISING SIGN STRUCTURE (OASS). A standardized outdoor advertising display, including the permanent framework, structural members, support or support foundation, scaffolding and illumination, facing or panels, and message, which is intended and whose customary use is to mount periodically changing commercial displays and which is made generally available for display to the public by the owners on a short-term basis. Such structures shall be limited to the three following standardized structures:
(1) The 30-sheet poster panel or painted bulletin, whose outside dimensions, including trim, if any, but excluding the base, apron, supports, and other structural members, is approximately 12 feet by 25 feet, containing approximately 300 square feet of total display area.
(2) The 150-square foot face, commonly painted rather than posted.
(3) The junior panel, whose outside dimensions, including trim, if any, but excluding the base, apron, supports, and other structural members, is approximately six feet by 12 feet, containing approximately 72 square feet of total face area.
OVERLAY DISTRICT. A land use designation on the Zoning Map that modifies the applicable design, or development standards, or other regulations of this chapter otherwise applicable in some specific manner.
OWNER OF RECORD. One who has complete dominion over particular property and who is the one in whom legal or equitable title rests; when applied to a building or land, owner means any part owner, joint owner, owner of a community or partnership interest, trust, estate, life tenant in common, or joint tenant, of the whole or part of such building or land.
PARCEL. See LOT.
PARKING LOT. Three or more parking spaces served by internal circulation lane(s).
PARKING SPACE. An area surfaced with concrete or asphaltic concrete either within a structure or in the open, exclusive of driveways, or access drives, for the parking of a motor vehicle.
PARKING STALL. See PARKING SPACE.
PARKWAY. The area between the street pavement and front property line.
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.
PERFORMANCE STANDARDS. A set of criteria or limits relating to nuisance elements and other aspects of the use, which must be met by uses within a particular zoning district.
PERMITTED USE. Any use of a structure or land which is included in the list of permitted uses in the district in which the structure or land is situated.
PERSON. Ay individual, natural person, joint stock company, partnership, voluntary association, society, club, firm, company, corporation, business trust, organization, or any other group acting as a unit, or the manager, lessee, agent, servant, partner, member, director, officer, or employee of any of them including an executor, administrator, trustee, receiver, or other representative appointed according to law.
PERSONAL PROPERTY. Any money, goods, movable chattels, things in action, evidence of debt, all objects and rights which are capable of ownership, and every other species of property except real property.
PERSONAL SERVICE. An establishment or place of business primarily engaged in the provision of frequent or recurrent needed services of a personal nature. Typical uses include, but are not limited to, beauty and barber shops, shoe repair shops, and tailor shops.
PETITIONER. See APPLICANT.
PLANNED DEVELOPMENT. An area planned and developed in a unified manner in accordance with a project plan which meets the specifications of §§ 154.170 through 154.176. The DEVELOPMENT shall be located on a single parcel or contiguous parcels which have been assembled in order to create a larger tract. The DEVELOPMENT shall be constructed and maintained by either a single owner or group of owners working together.
PLANNED REGIONAL SHOPPING CENTER REGULATIONS. A commercial development that meets the following minimum standards:
(1) The buildings are erected on a single zoning lot of not less than forty acres.
(2) Gross building floor area exceeds 400,000 square feet.
(3) At least ten separate business establishments operate within the buildings on the lot.
(4) At least two separate points of ingress and two separate points of egress for the entire center are provided.
(5) On-site parking is provided for not less than 1,500 vehicles.
PLANTING SEASON. The time of year when new plants, crops, and trees are planted with the best chance of survival generally falling between the first and last frost of the year.
PLAT. A map or layout showing the subdivision of land and indicating the location and boundaries of individual lots.
PLAT OFFICER. The Chairperson of the Planning and Zoning Board of the village.
PORTABLE SIGN. A sign not permanently anchored or secured to either a building or the ground such as, but not limited to, A-frame, inverted T-shaped signs, and signs affixed to a chassis with wheels for towing.
PORTE COCHERE. A porch or cover, under which a vehicle may be driven temporarily to protect the occupants when alighting. A PORTE COCHERE shall not be construed to be a "carport."
PRECEDING and FOLLOWING. Next before and next after, respectively.
PRINCIPAL BUILDING. See STRUCTURE, PRINCIPAL.
PRINCIPAL USE. The predominant use of land or a structure based upon the square footage of the use. In a residential district, multiple tenants of a similar or related nature in a single building constitute one PRINCIPAL USE. Each tenant of the building must comply with the use regulations of this chapter. In a commercial district, multiple tenants of a single building constitute individual PRINCIPAL USES. Each tenant of the building must comply with the use regulations of this chapter.
PROHIBITED USE. A use that is not permitted or provisional or a special use in a zoning district or location.
PROJECTING YARD SIGN. A sign attached to and erected approximately perpendicular to the wall of a structure; including a sign erected at the corner of a structure and projecting into an open space or yard, but not projecting into the right-of-way of any street, sidewalk, alley, or other public property.
PROPERTY. A distinct parcel of real property which is assigned a separate tax parcel identification number by the Supervisor of Assessments of Champaign County.
PROPERTY LINE. See LOT LINE.
PROPRIETOR. An owner of the property or premises including any person, firm, association, corporation, club, partnership, or other group acting as a unit whether acting by themselves or by a servant, agency, or employee.
PUBLIC ART. A fountain, sculpture, painting, mural, or similar object which is sited within a planned development as a focal point and is intended for the enjoyment of the general public.
PUBLIC IMPROVEMENT. Any improvement, facility, or service together with its associated public site or right-of-way necessary to provide transportation, drainage, public utilities, cable television or similar essential services.
PUBLIC PLACE. Open space including any park, lake, stream, stadium, athletic field, playground, school yard, street, avenue, plaza, square, bus, train or railroad depot, station, terminal, cemetery, open space adjacent thereto, or any other place commonly open to the public, including but not limited to, areas on private property commonly open to the view by the public.
PUBLIC PROMOTION SIGN. A sign which promotes a general civic pride for the village, or a portion of the village, or a district of the village, or a specific charitable or not-for-profit event or organization. No business name, logo, device, symbol, or trademark shall be permitted on a PUBLIC PROMOTION SIGN.
PUBLIC WAY. Any street or sidewalk.
REAL ESTATE SIGN. A sign advertising the sale, rental, or lease of the premises on which it is located, including a subdivision sign.
REAL PROPERTY. Land, together with all things attached to the land so as to become a part thereof.
RECREATIONAL. Organized leisure time activities, often requiring equipment and taking place at prescribed places, sites, or fields which may be either indoor or outdoor locations.
RECREATIONAL VEHICLE. Includes but is not limited to, every camping trailer, motor home, mini-motor home, travel trailer, truck camper, van camper, or boat with a trailer used primarily for recreational purpose and not used commercially nor owned by a commercial business.
RECYCLING CENTER. A facility in which used material is separated and processed prior to shipment to others who will use those materials to manufacture products and is not a junkyard or automobile salvage yard.
REHABILITATION. The process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic or architectural values.
RELIGIOUS INSTITUTION. A place of public assembly of over 49 seats in the principal assembly area, for the purposes of religious activities, and conducting worship services on a regular basis.
RELOCATE. Any repositioning of a building on its site or moving it to another site.
REMODEL. Any improvement to the exterior or interior of a building which requires an electrical, plumbing, or HVAC permit and which is not a structural alteration, new construction or enlargement.
REPAIR. Any change that does not require a building permit that is not construction, relocation or alteration.
REPAIR, MAJOR. The repair or replacement of nonbearing walls, fixtures, wiring, roof, or plumbing which exceeds 20% of the replacement value of the building or structure.
REPAIR, MINOR. The repair or replacement of nonbearing walls, fixtures, wiring, roof, or plumbing to an extent not exceeding 20% of the replacement value of the building or structure.
RESIDENTIAL CARE FACILITY. Housing for three or more individuals unrelated by blood, marriage, adoption, or guardianship which receive some form of nursing care, supervision, or assistance from employees at the facility. Nursing care and support staff are available 24 hours a day. Included are nursing homes, sheltered care facilities, intermediate care facility, and other similar uses.
RESTAURANT. An establishment which is open to the general public and where food and beverages are prepared and offered for consumption on in the building or at tables on the lot in which the establishment is located.
RESTAURANT, DRIVE-THROUGH. A building, or portion thereof, where food and/or beverages are sold in a form ready for consumption and where the facility is designed to provide service directly to the passengers of the motor vehicle. The facility may also include seating, take-out service, and double drive-throughs.
RETAIL, FOOD. Any establishment selling food or beverage for consumption off-premises either immediately or with further preparation. Such establishments may include, but not be limited to, supermarket, grocery store, bakery, candy store, butcher, delicatessen, convenience store, and similar establishments.
RETAIL, GENERAL MERCHANDISE. Establishments that are retail operations which carry an assortment of merchandise from all the other categories. Such establishments may include, but are not limited to, department store, discount store, farm store, and similar operations.
RETAIL, HOUSEHOLD. Establishments are retail operations that sell goods for furnishing or improving housing units. These establishments may include, but are not limited to, furniture store, home improvement center, electronic store, appliance store, and similar operations.
RETAIL SALES. The direct sale of goods or merchandise to the ultimate consumer of the goods or merchandise.
RETAIL, SPECIALTY. Retail operations that specialize in one type or line of merchandise. Such stores may include, but are not limited to, apparel stores, jewelry stores, bookstores, shoe stores, stationary stores, antique stores, and similar establishments.
RIGHT-OF-WAY (ROW). The entire dedicated tract or strip of land that is legally used by the public for circulation and service.
ROOF OVERHANG. A roof-like structure projecting from the wall of the principal structure and which is not part of the roof of the structure.
ROOF SIGN or ROOF OUTDOOR ADVERTISING SIGN STRUCTURE. A sign or outdoor advertising sign structure erected upon the roof of any structure.
ROOM, HABITABLE. A room occupied or designed to be occupied by one or more persons for living, sleeping, eating, or cooking, including kitchens serving a dwelling unit, but not including bathrooms, toilet compartments, laundries, pantries, cellars, attics for storage, and other similarly approved spaces that are not used frequently or for extended periods.
ROWHOUSE. See DWELLING, ATTACHED.
SCHOOL, BUSINESS or TRADE. An education facility primarily teaching usable skills that prepare students for jobs in a trade.
SCHOOL, K THROUGH 12. Any public or private elementary school or high school but shall not include day care/nursery school or day/night care home except as accessory to such elementary or high school operations.
SCREENING. A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation.
SEARCHLIGHT, SIGN. Considered signs which are used to announce, direct attention to, or advertise businesses.
SERVICE. See definitions for COMMERCIAL, PERSONAL, and FITNESS AND BEAUTY SERVICES.
SERVICE DEPENDENT POPULATION. Those persons, who by reason of mental or physical disability require supervision in a quasi-parental relationship, but do not require medical or nursing care on-site. A SERVICE DEPENDENT POPULATION shall not include persons for whom such services are a requirement of a sentence upon conviction of a criminal offense or whose need for such services arises during or immediately following a sentence of incarceration for a criminal offense.
SERVICE STATION. See AUTOMOBILE SERVICE STATION.
SETBACK. The distance between the street right-of-way and the front line of a building, parking lot, accessory building or other structure. The SETBACK to the structure shall be measured from the outermost projection thereof, excluding uncovered steps.
SETBACK LINE. The line that is the required minimum distance from the street right-of-way or any other lot line that establishes the area within which the regulated structure must be erected or placed.
SHALL. The term is mandatory.
SHOPPING CENTER. A group of commercial establishments planned, constructed, and managed as a total entity with shared parking for customer and employee parking provided on-site. Provisions for goods delivery is generally separated from customer access.
SIDEWALK. That portion of a street between the curb line and the adjacent property along the margin of a street or other highway, designed, constructed, and intended for the use of pedestrians to the exclusion of vehicles.
SIGN. Includes any writing including a word or numeral; pictorial representation including illustration,
emblem including device, symbol, or trademark; flag including banner or pennant; or any figure of similar character which is used to announce, direct attention to, or advertise, and which is a structure or part thereof, or is attached to, painted on, or in any manner represented on a building or other structure. This definition shall not include the following:
(1) Outdoor advertising sign structure or signs displayed thereon.
(2) Writings, representations, or other figures of similar character within a building unless it is a flashing sign or signs with lights.
(3) Non-pictorial color treatments on the surface of a building which do not include writing or other direct forms of advertising.
SIGN, MONUMENT. A freestanding sign supported primarily by an internal structural framework or integrated into landscaping or other solid structural features other than support poles.
SIGN TRIANGLE. An area at the street side of a corner lot which is measured by proceeding from the point of intersection of right-of-way property lines, along the lines for a distance of 50 feet, and connecting these points forming a triangle at the corner of the lot.
SIGNATURE AND SUBSCRIPTION. The name of a person, mark or symbol appended by such person to a writing with intent to authenticate the instrument as one made or put into effect by such person.
SINGLE-FAMILY DWELLING. See DWELLING, SINGLE-FAMILY.
SINGLE ROOM OCCUPANCY UNITS (SRO). A residential unit, with only one room, occupied by only one person, with lockable exterior doors that are accessible from outside the unit. Kitchen and bathroom facilities may or may not be communal.
SITE. Any plot or parcel of land or combination of contiguous lots or parcels of land.
SITE AREA, GROSS. The total area of a site with no exclusions for streets, easements, or other areas.
SITE AREA, NET. The total area of a site excluding streets, easements, or water areas.
SITE PLAN. A scaled drawing indicating the generalized physical conditions and proposed improvements of a planned development.
SNACK BAR. An establishment similar to a restaurant, but is limited to, the extent that no food shall be cooked on the premises other than heating by microwave oven, no drive-through windows exist on the premises, and seating for customers does not exceed 25.
SOLID WASTE. Unwanted or discarded material, including garbage with insufficient liquid content to be free flowing.
SPACE, NONHABITABLE. Space used as a pantry, laundry room, closet, bathroom, toilet room, restroom, dressing room, locker room, storage room, utility room, heater room, or boiler room, and other spaces used only for service and maintenance of a building and those spaces used for access and vertical travel between stories.
SPACE, OCCUPIED. Space in a building other than a habitable room wherein people normally work, assemble, or remain for a period of time.
SPECIAL EVENT SIGN.
(1) A sign advertising or announcing a special community-wide event or activity conducted by, or sponsored by, or on behalf of a unit of local government, the University of Illinois, a charitable organization or a not-for-profit corporation.
(2) A special community-wide event or activity is one which occurs not more than twice in any 12-month period and which seeks to attract donations, participants, or customers throughout the village.
SPECIAL USE. Potentially appropriate in and compatible with other uses in its zoning district, but due to the scale and nature of the use the special use has the potential to make a major negative impact on other uses in the district. Such uses necessitate close examination, site plan review, individual regulation, and notification of surrounding land owners. The proposed SPECIAL USE must serve a special need or be required at the specific location for the public convenience.
STATE. The State of Illinois.
STORAGE. A location where equipment, materials, or vehicles are stored for an uninterrupted period exceeding 60 days without being used for its intended purpose or relocated off-site to another zoning lot.
STORMWATER DETENTION. Any storm drainage technique that retards or detains runoff, such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells, or any combination thereof.
STORMWATER MANAGEMENT. Any stormwater management technique, apparatus, or facility that controls or manages the path, storage, or rate of release of stormwater runoff. Such facilities may include storm sewers, retention or detention basins, drainage channels, drainage swales, inlet or outlet structures, or other similar facilities.
STORY. That part of a building included between any floor and the floor or roof immediately above.
STORY, HALF. The space within or under a sloping roof, the floor area of which does not exceed two-thirds of the floor area of the story immediately below it, and which does not contain a dwelling unit.
STREET. All streets, highways, avenues, boulevards, parkways, roads, lanes, viaducts, bridges and the approaches thereto, docks built on the public street, alleys, courts, places, squares, curbs, sidewalks, recreation and park lands used for vehicular traffic, or other public ways or
thoroughfares in this village, over which it has jurisdiction, which have been or may hereafter be dedicated and open to public use and has been accepted for such use by the village, or such other public property so designated in any law of this state.
STREET, PRIVATE. See INTERNAL CIRCULATION SYSTEM.
STREET, PUBLIC. A street whose ownership or maintenance is under governmental jurisdiction.
STREET, RESIDENTIAL. A local street where the primary land use of lots with frontage on both sides of the street within the block is residential.
STRUCTURE. Anything constructed or made, the use of which requires permanent location in or on the ground or attachment to something having a permanent location in or on the ground.
STRUCTURE, ACCESSORY. A subordinate structure on the same lot as the principal or main building or use occupied or devoted to an incidental use to the principal use.
STRUCTURE, PRINCIPAL shall mean a structure in which is conducted the principal use of the lot on which it is located.
SURFACE AREA, SIGN or OUTDOOR ADVERTISING SIGN STRUCTURE. The area of the smallest convex geometric figure encompassing the maximum projected area of the volume on a flat plane which completely encloses the extreme limits of the surface display area of writing, representation, emblem, or other figure of similar character or potential display area of an outdoor advertising structure, together with any material or color forming an integral part of the display or used to differentiate such sign or outdoor advertising sign structure from the background against which it is placed. Such measurement shall exclude the necessary supports or uprights on which the sign is placed, unless the supports or uprights constitute part of the display because of the predominant overall concept of the sign.
SWIM CLUB. A private club with swimming facilities available for the exclusive use of their members and guests. Such facilities may include ancillary facilities such as a snack bar or tot lot.
TEMPORARY SIGN. A sign not permanently affixed to a building or in the ground which is intended to be displayed for not more than a 30-day period and that is not actually displayed for any longer than 30 days.
TEMPORARY USE. A use established for a limited period of time with the intent to discontinue such use upon the expiration of such time. Such uses are subject to the time restrictions contained in this chapter. No TEMPORARY USE shall involve the construction or alteration of any permanent structure.
TENANT. Any person occupying the premises, building, or land of another in subordination to such other person's title and with the other person's express or implied assent, whether the tenant occupies the whole or a part of those premises, building or land, whether alone or with others.
TENSE. Words used in the past or present tense include the future, past and present where applicable, unless the context clearly indicates otherwise.
THEATER MARQUEE. A canopy with changeable letters which is attached to a building that currently functions or has historically functioned as a theater.
TIME. An hour of the day according to the official time of the village.
TIME OF PERFORMANCE.
(1) The time within which an act is to be done as provided in any section or any order issued pursuant to any section, when expressed in days, and is computed by excluding the first and including the last day.
(2) If the last day is a Saturday, Sunday, or a legal holiday, that day shall not be counted in the computation.
(3) When the time is expressed in hours, the whole of Saturday and Sunday or a legal holiday from midnight to midnight is excluded.
TOWNHOUSE. See DWELLING, ATTACHED.
TRANSITION. An area which acts as a buffer between two land uses of different intensity.
TREASURER. Village Treasurer.
TRUCK STOP. A commercial use where gasoline, kerosene, or any other motor fuel, lubricating oil or grease for operating motor vehicles is offered for sale to the public, and deliveries are made directly to motor vehicles, including greasing and oiling on the premises, and including minor repairs. The use also includes facilities for the overnight parking of semitrailers.
TRUCK TERMINAL. The premises which is used for loading or unloading of trucks upon which storage of cargo is incidental to the primary function of motor freight shipment or shipment point and which is designed to accommodate the simultaneous loading or unloading of five or more trucks.
USABLE OPEN SPACE. That required portion of a lot at ground level, unoccupied by principal or accessory buildings, or mechanical equipment, and available to all occupants of the building. The USABLE OPEN SPACE shall be unobstructed to the sky and shall not be devoted to service driveways, off-street parking spaces, or loading berths. Such space shall be usable for greenery, drying beds, recreational space, and other leisure activities normally carried on outdoors. Balconies may be considered as USABLE OPEN SPACE if they meet the requirements of § 154.024(B)(2). Enclosed space devoted exclusively to recreational use as indicated in the definition of FLOOR AREA shall not be counted as a portion of the USABLE OPEN SPACE.
UTILITARIAN AREAS. Utility areas accessory to a building, including but not limited to, loading docks, mechanical equipment, trash enclosures, and storage yards for construction materials, or other equipment or materials.
UTILITY STATIONS. Includes transmission and distribution facilities, or pipelines, including telephone, cable, and water supply facilities, pump stations, booster pumps, and any other appurtenances that require a structure. Specifically excluded are transformers, and other appurtenances that do not require a structure or connections maintained by the individual customer.
VACANT BUILDING. The cessation of all activity in a building. Said building shall not be considered vacant if the lessee of any building shall, at any time before the expiration of said lease, cease to occupy or use said building and the owner of said building is not entitled legally to regain possession of said building.
VACANT LAND. There is no building or structure, or vehicular surface areas within 200 feet, or any outstanding approved village permit or subdivision plat for the construction of the same, from any common property line of the developing property and the adjoining property. Public parks or common open space shall not be considered as VACANT LAND.
VALUE. The full, fair, cash market value.
VEGETATION. Lawns, trees, shrubs, groundcover, annual or perennial flowers, or other natural growing plants.
VEXILLUM FLAG. A vertical flag, fixed at the top and bottom to an anchored pole to minimize movement with wind currents and does not display a sign.
VEXILLUM SIGN. A vertical flag, mounted over the public right-of-way, fixed at top and bottom to an anchored pole to minimize movement with wind currents.
VILLAGE. The Village of Tolono, in the County of Champaign and State of Illinois.
VILLAGE ATTORNEY. The Village Attorney or designee.
VILLAGE BOARD. The Village Board of Trustees.
VILLAGE ENGINEER. The Village Engineer or designee.
VILLAGE LIMITS or IN THE VILLAGE. Within the village and includes not only the corporate limits of the village, but also any property which it owns or which is under its jurisdiction.
VIOLATION. No person shall construct, alter, use, maintain, or allow any building or property to be used or maintained in violation of the provisions of this chapter. In addition to any other actions which may constitute a VIOLATION, the following constitute VIOLATIONS of this chapter and shall be strict liability offenses:
(1) The use, arrangement, or construction of a building, structure, or improvement to land does not conform with that authorized by approved plans.
(2) The improvement is constructed, or a use is operating without obtaining the appropriate permits or zoning approval.
(5) The use of the building or land which does not comply with conditions or standards enumerated in a provisional, or special use approval.
(6) The sale, conveyance, or use of any portion of a lot is sold, conveyed, or used which reduces the following:
(a) The lot area below the minimum area requirements of this chapter.
(b) The lot area to the extent that the floor area ratio is greater than the maximum permitted by this chapter.
(c) The usable open space areas below the open space ratio and usable open space requirements of this chapter.
(d) The depth or width of a yard to less than the minimum depth or width required by this chapter.
(e) The number and size of parking spaces on the lot is reduced below the minimum number of such spaces required by this chapter.
(f) The subdivision of land was not done in accordance with the village ordinance.
VISIBILITY TRIANGLE (also known as SITE DISTANCE TRIANGLE). The area at an intersection that should remain unobstructed in order for motorists to have a clear vision of oncoming traffic.
WALL SIGN or OUTDOOR ADVERTISING SIGN STRUCTURE.
(1) A sign or outdoor advertising sign structure attached to, erected against or painted upon the wall of any building with the exposed face thereof in a plane parallel to the plane of such wall, and which sign is mounted at a distance measured perpendicular to such wall, no greater than 18 inches.
(2) A WALL SIGN shall include signs suspended from the ceiling of a marquee, canopy or vestibule where such sign does not project into the street right-of-way or a freestanding sign or freestanding outdoor advertising sign structure any part of which is parallel to and any part of which is within 24 inches of a wall.
WAREHOUSE. A building used for the storage of goods for compensation or the storage of goods which will be subsequently transported to another location for sale consumption.
WAREHOUSE, MINI. A structure or group of structures, which are compartmentalized for the storage of customers residential goods and wares. Each compartment is leased or rented to tenants utilizing the facility.
WATERBODY. Any natural or artificial collection of surface water, generally intended or functioning as a permanent feature.
WATERCOURSE. Any drain, ditch, and stream, flowing in a definite direction or course in a bed with banks.
WEEK. Seven days.
WHOLESALE. An operation at which goods are sold for delivery on or from the premises to a person other than the ultimate consumer. If more than 20% of the annual dollar volume of the sales made from an establishment is subject to the state retailers occupation tax, the store shall be considered a retail operation.
WHOLESALE or WHOLESALE DEALER. The purchase (or purchaser) for the purpose of resale of things (goods, merchandise, articles, and others) in quantity for the purpose of resale, as distinguished from retail or retail dealer who sells in smaller quantities direct to the consumer.
WORDS and PHRASES. Construed according to the common and approved usage of the language, but technical words and phrases and others that have acquired a peculiar and appropriate meaning in the law, shall be construed and understood according to such meaning.
WRITING and WRITTEN. Any representation of words, letters, or figures, whether by printing or otherwise, capable of comprehension by ordinary visual means.
YARD. An open space, other than a court, that lies between the principal or accessory building or buildings and the nearest lot line. Such YARD is unoccupied and unobstructed from the ground upward except as otherwise specified in this chapter.
YARD, FRONT. A yard extending across the full width of the lot and measured between the front lot line and the closest point of the building to the front lot line.
YARD, REAR. A yard extending across the full width of the lot and measured between the rear lot and the closest point of the building to the rear lot line.
YARD, SIDE. A yard extending from the front yard to the rear yard and measured between the side lot line and closest point of the building to the side lot line.
YARD SIGN. A temporary sign, which is freestanding and self-supporting in nature. Such a sign is mounted on a stand and is placed into the ground. Such signs are used to advertise a special event of statewide interest.
YEAR. A calendar year.
ZERO LOT LINE. The location of a building on a lot in such a manner that one or more of the building sides rest directly on a lot line.
ZERO LOT LINE DEVELOPMENT. A development of single-family detached structures where the location of each building on a lot is situated in such a manner that one or more of the buildings is located without any setback from the lot line.
ZONING ACTION. Any action requiring application to the Zoning Administrator, Planning and Zoning Board, for review and approval. ZONING ACTIONS include, but are not limited to, map amendments, text amendments, appeals, variations, provisional use approval, special use approval, planned development approval, landmark designation, conservation district designation or historic district designation.
ZONING ADMINISTRATOR. The Zoning Administrator, Chair of the Planning and Zoning Board, or any official village employee appointed by the President of the Board of Trustees with the
responsibility for reviewing and administering the regulations of this chapter.
(Ord. 2020-O-3, passed 2-18-2020)