For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE or ACCESSORY. A use which is clearly incidental to, or customarily found in connection with, and (except in the case of accessory off-street parking spaces or loading) located on the same lot of record as, the principal use to which it is related.
(1) When ACCESSORY is used in this text, it shall have the same meaning as ACCESSORY USE.
(2) An ACCESSORY USE includes, but is not limited to:
(a) Residential accommodations for servants and/or caretakers;
(b) Swimming pools for the use of the occupants of a residence, or their guests;
(c) Domestic or agricultural storage in a barn, shed, tool room or similar accessory building or other structure;
(d) A newsstand primarily for the convenience of the occupants of a building, which is located wholly within such building and has no exterior signs or displays;
(e) Storage of merchandise normally carried in stock in connection with a business or industrial use, unless such storage is excluded in the applicable district regulations;
(f) Storage of goods used in or produced by industrial uses or related activities, unless such storage is excluded in the applicable district regulations;
(g) Accessory off-street parking spaces, open or enclosed, subject to the accessory off-street parking regulations for the district in which the lot of record is located. Uses clearly incidental to a main use such as, but not limited to, offices of an industrial or commercial complex located on the site of the commercial or industrial complex;
(h) Accessory off-street loading, subject to the off-street loading regulations for the district in which the lot of record is located; and
(i) Accessory signs, subject to the sign regulations for the district in which the lot of record is located.
ALLEY. Any dedicated public way affording a secondary means of access to abutting property, and not intended for general traffic circulation.
ALTERATIONS. Any change, addition or modification in construction or type of occupancy, or in the structural members of a building, such as walls or partitions, columns, beads or girders, the consummated act of which may be referred to herein as altered or reconstructed.
APARTMENTS. A suite of rooms or a room in a multiple-family building arranged and intended for a place of residence of a single-family or a group of individuals living together as a single housekeeping unit.
AUTOMOBILE REPAIR. The general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; overall painting and undercoating of automobiles.
BASEMENT. The portion of a building which is partly or wholly below grade, but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be a story. (See Appendix A, Illustrations 1 and 2.)
BLOCK. The property abutting one side of a street and lying between the two nearest intersecting streets (crossing or terminating), or between the nearest such street and un-subdivided acreage, lake or live stream; or between any of the foregoing and any other barrier to the continuity of development, or corporate boundary lines of the municipality.
BUILDING. Any structure, either temporary or permanent, having a roof supported by columns or walls, and intended for the shelter or enclosure of persons, animals, chattels or property of any kind.
BUILDING HEIGHT. The vertical distance measured from the established grade to the highest point of the roof surface for flat roofs; to the deck line of mansard roofs, and to the average height between eaves and ridge for gable, hip and gambrel roofs. (See Appendix A, Illustration 3.)
BUILDING LINE. A line formed by the face of the building, and for the purposes of this chapter, a minimum building line is the same as a front setback line. (See Appendix A, Illustration 4.)
CLUB. An organization of persons for special purposes or for the promulgation of sports, arts, sciences, literature, politics or the like, but not operated for profit.
CLUSTER BOX. A group of three or more mailboxes at a single location.
CONVALESCENT or NURSING HOME. A structure with sleeping rooms, where persons are housed or lodged and are furnished with meals, nursing and medical care.
DAYCARE CENTER. A daytime group facility for more than eight children which gives care to children away from their home.
DAYCARE HOME. A one-family dwelling which receives not more than eight children for care during the day. The maximum of eight children includes the family’s natural or adopted children under age 16 who are in the home under full time care.
DENSITY CONTROL FACTOR (DCF). The factor relating to family population utilized in this chapter to control the number of dwellings allowed per acre of land in planned residential developments.
DEVELOPMENT. The construction of a new building or other structure on a lot of record, the relocation of an existing building on another lot of record, or the use of open land for a new use.
DISTRICT. A portion of the incorporated area of the village within which certain regulations and requirements or various combinations thereof apply under the provisions of this chapter.
DRIVE-IN. An establishment where food, frozen desserts or beverages are sold to the customers in a ready-to-consume state and where the customer consumes food, frozen desserts or beverages in an automobile parked upon the premises or at other facilities provided for customers which are located outside the building.
DRIVE-THROUGH. An establishment so developed that some portion of its retail or service character is dependent upon providing a driveway approach and staging area specifically designed for motor vehicles to serve patrons while in their motor vehicles, rather than within a building or structure, for carry-out and consumption or use after the vehicle is removed from the premises.
DWELLING UNIT. A building, or portion thereof, designed for occupancy by one family for residential purposes and having cooking facilities.
(1) DWELLING, MULTIPLE-FAMILY. A building, or portion thereof, designed exclusively for occupancy by three or more families living independently of each other.
(2) DWELLING, ONE-FAMILY. A building designed exclusively for and occupied exclusively by one family.
(3) DWELLING, TWO-FAMILY. A building designed exclusively for occupancy by two families living independently of each other.
ERECTED. Built, constructed, altered, reconstructed, moved upon or any physical operations on the premises which are required for construction, excavation, fill, drainage and the like, shall be considered a part of erection.
ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by public utilities or municipal departments of underground, surface or overhead; gas, electrical, steam, fuel or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals and hydrants in connection herewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety or welfare.
EXCAVATION. Any breaking of ground, except common household gardening and ground care.
EXCEPTION. A use permitted only after review of an application by the Zoning Board and the Village Board or a modification in the standards of this chapter specifically permitted after review by the Zoning Board and the Village Board; such review being necessary because the provisions of this chapter covering conditions precedent or subsequent are not precise enough to all applications without interpretation and such review and exception is provided for by this chapter. An exception is not a variance.
FAMILY. One or two persons or parents, with their direct lineal descendants and adopted or foster children (and including the domestic employees thereof) together with not more than three persons not so related living together in the whole or part of a dwelling comprising a single housekeeping unit. Every additional group of two or less persons living in such housekeeping unit shall be considered a separate family for the purpose of this chapter.
FENCE. A man-made structure constructed for the purpose of or, to have the effect of, enclosing the area it is constructed on.
FENCE; ORNAMENTAL. A man-made structure the surface area of which is more than 75% open. ORNAMENTAL FENCES do not include chain link fences or fences of wire construction.
FLOOR AREA RATIO. The ratio of the floor area of a building to its lot area. For example: when a FLOOR AREA RATIO of 0.4 is specified, the floor area of a building constructed on a lot of 10,000 square feet in area is limited to a maximum of 4,000 square feet, the number of stories being optional. The building area may be 4,000 square feet for one story;, 2,000 square feet for each of two stories, and so forth. The purpose of this RATIO is to control the bulk of buildings.
FLOOR AREA; RESIDENTIAL. For the purpose of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the building shall be measured from the exterior faces of the exterior walls or from the centerline of walls separating two dwellings. The floor area measurement is exclusive of areas of basement, unfinished attics, attached garages, breezeways and the enclosed and unenclosed porches.
FLOOR AREAL USABLE. For the purpose of computing parking, that area used for or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise, hallways or for utilities or sanitary facilities, shall be excluded from this computation of USABLE FLOOR AREA. Measurement of usable floor area shall be the sum of the horizontal area of the several floors of the building, measured from the interior faces of the exterior walls. (See Appendix A, Illustration 5.)
GARAGE; PRIVATE. An accessory building or portion of a main building designed or used solely for the storage of motor driven vehicles, boats and similar vehicles owned and used by occupants of the building to which it is accessory.
GARAGE; SERVICE. Any premises used for the storage or care of motorized driven vehicles, or where any such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.
GASOLINE SERVICE STATION. A place for the dispensing, sale or offering for sale motor fuels directly to users of motor vehicles, together with the sale of minor accessories and services for motor vehicles, but not including automobile repair.
GRADE. The ground elevation established for the purpose of regulating the number of stories and the height of buildings. The building grade shall be the level of the ground adjacent to the walls of the building if the finished GRADE is level. If the ground is not entirely level, the GRADE shall be determined by averaging the elevation of the ground for each face of the building.
GROUP CARE HOME FOR CHILDREN. A child care facility which provides care for no more than eight children in a residential dwelling under 24-hour supervision or care placed by and under the supervision of a licensed child welfare agency with the residential dwelling being owned or rented and staffed and maintained or otherwise operated by the agency and licensed by the state for the developmentally disabled under the Child Care Act of 1969, as amended from time to time.
HOME OCCUPATION. An occupation or profession customarily carried on by an occupant of a dwelling unit as a secondary use which is clearly subservient to the use for residential purposes.
HOTEL. A building or part of a building, with a common entrance or entrances, in which the dwelling units or rooming units are used primarily for transient occupancy, and in which one or more of the following services are offered: maid service; furnishing of linen; telephone; secretarial or desk service; and bellboy service. A HOTEL may include a restaurant or cocktail lounge, public halls, ballrooms or meeting rooms.
JUNK YARD. An area where waste, used material or secondhand materials are bought and sold, exchanged, stored, bailed, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. A JUNK YARD includes automobile wrecking yards and includes any open area of more than 200 square feet for storage, keeping or abandonment of junk.
KENNEL. Any lot or premises on which three or more dogs, cats or other household pets are either permanently or temporarily boarded for remuneration.
LOADING SPACE. An off-street space on the same lot with a building, or group of buildings, for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.
LOT. A general term used to describe a parcel of land. The context in which the term is used dictates the precise meaning. More precise definitions follow.
(1) CORNER LOT. A subdivision lot where the interior angle of two adjacent sides at the intersection of two streets is less than 135 degrees. A lot abutting upon a curved street or streets shall be considered a corner lot for the purposes of the chapter if the are is of less radius than 150 feet and the tangents to the curve, at the two points where the lot lines meet the curve, or the straight line extended, form an interior angle of less than 135 degrees. (See Appendix A, Illustration 6.)
(3) SUBDIVISION LOT. A parcel of land designated on a subdivision plat and defined by distance and bearings tied to section and township monument records.
(4) THROUGH LOT. Any interior lot having frontage on two, more or less, parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, all yards of said lots adjacent to streets shall be considered frontage and front yard setback shall be provided as required. (See Appendix A, Illustration 6.)
LOT OF RECORD. A portion of land legally considered to be a distinct parcel owned by a public body or private entity, as evidenced by the issuance of a parcel identification number (PIN) by the County Supervisor of Assessments. A LOT OF RECORD may consist of a portion of a subdivision lot or multiple subdivision lots as shown on a subdivision plat. For purposes of this chapter, the parcel identified by the PIN shall be considered a LOT. Notwithstanding the foregoing, in the event a parcel is bisected by a township line, two separate PINs are issued for taxation purposes even though the parcel is owned by a single entity. In this unique situation, the LOT OF RECORD shall have two separate PINs but, shall still be considered one LOT.
LOT AREA. The total horizontal area within the lot lines of the lot.
LOT COVERAGE. The part or percent of the lot occupied by buildings and/or structures including accessory buildings and structures excluding driveways, walks and paved patios.
LOT DEPTH. The horizontal distance between the front and rear lines, measured along the median between the side lot lines.
LOT LINES. The lines bounding a lot, as defined herein.
(1) FRONT LOT LINE. In the case of an interior lot, is that line separating said lot from the street. In the case of a through lot, is that line separating said lot from either street.
(2) REAR LOT LINE. The lot line opposite the front lot line. In the case of a lot pointed at the rear, the REAR LOT LINE shall be an imaginary line parallel to the front lot line, not less than ten feet long lying farthest from the front lot line and wholly within the lot.
(3) SIDE LOT LINE. Any lot line other than the front lot line or rear lot line. A SIDE LOT LINE separating a lot from a street is a side street lot line. A SIDE LOT LINE separating a lot from another lot or lots is an INTERIOR SIDE LOT LINE.
LOT WIDTH. The horizontal distance between the side lot lines, measured between the two points where the front setback line intersects the side lot lines.
MAILBOX. A receptacle installed for the purpose of receiving mail delivered by the United States Postal Service.
MAIN BUILDING. A building in which is conducted the principal use of the lot upon which it is situated.
MAJOR THOROUGHFARE. An arterial street which is intended to serve as a large volume traffic-way for both the immediate municipal area and the region beyond.
MASTER PLAN. The comprehensive community plan including graphic and written proposals indicating the general location for streets, parks, schools, public buildings and all physical development of the village, and includes any unit or part of such plan, and any amendment to such plan or parts thereof. Such PLAN may or may not be adopted by the Village Board.
MEZZANINE. An intermediate floor in any story occupying not more than one third of the floor area of such story. (See Appendix A, Illustration 1.)
MOBILE HOME. Any vehicle designed or constructed to permit its being used as a conveyance upon the public streets or highways and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons.
MOBILE HOME PARK. Any plot of ground upon which two or more mobile homes, occupied for dwelling or sleeping purposes, are located.
MODEL HOME. A new, single-family residence, not occupied as such, built by a person, firm or corporation engaged in the business of building new homes, and used or intended for use, for display purposes to be shown to prospective customers.
MOTEL. A series of attached, semi-detached or detached rental units containing a bedroom, bathroom and closet space. Units shall provide overnight lodging and are offered to the public for compensation and shall cater primarily to the public traveling by motor vehicle.
MUNICIPALITY. The Village of Tremont, Illinois.
NONCONFORMING BUILDING. A building or portion thereof lawfully existing at the effective date of this chapter, or amendments thereto, and that does not conform to the provisions of the chapter in the district in which it is located.
NONCONFORMING USE. A use which lawfully occupied a building or land at the effective date of this chapter, or amendments thereto, and that does not conform to the use regulations of the district in which it is located.
NURSERY; PLANT MATERIALS. A space, building or structure, or combination thereof, for the storage of live trees, shrubs or plants offered for retail sale on the premises including products used for gardening or landscaping. The definition of NURSERY within the meaning of this chapter does not include any space, building or structure used for the sale of fruits, vegetables or Christmas trees.
NURSERY SCHOOL. A daytime facility which has as its main objective a development program for preschool children and whose staff meets the educational requirements established by state.
OFF-STREET PARKING LOT. A facility providing vehicular parking spaces along with adequate drives and aisles for maneuvering, to provide access for entrance and exit for the parking of more than three vehicles.
OPEN FRONT STORE. A business establishment so developed that a service to the patron may be extended beyond the walls of the structure, not requiring the patron to enter the structure. The term OPEN FRONT STORE shall not include automobile repair service stations.
PARKING SPACE. An area of definite length and width, said area shall be exclusive of drives, aisles or entrances giving access thereto, and shall be fully accessible for the parking of permitted vehicles.
PLANNED RESIDENTIAL DEVELOPMENT (PRD).
(1) A plan for a specific parcel of land or several contiguous parcels of land, located to permit development of a planned residential unit and supporting recreational and open space amenities.
(2) A PLANNED RESIDENTIAL DEVELOPMENT may include both attached and detached dwelling units (single-family, multiple-family, townhouses and the like), as well as all typical accessory uses associated with residential uses, planned and designed in such a manner as to preserve and protect the character of abutting land, as well as protecting uses within the PRD by preserving as much natural vegetation and terrain as possible.
PORTABLE SIGN. A sign and sign structure which is designed to facilitate the movement of the sign from one lot of record to another. The SIGN may or may not have wheels, changeable lettering and/or hitches for towing.
PRINCIPAL USE. The main use to which the premises are devoted and the principal purpose for which the premises exist.
PUBLIC UTILITY. A person, firm, corporation, village department, board or commission duly authorized to furnish and furnishing under federal, state or village regulations to the public. PUBLIC UTILITY includes gas, steam, electricity, sewage conveyance and treatment, stormwater conveyance, communication, transportation or water conveyance and treatment.
ROOM. For the purpose of determining lot area requirements and density in a multiple-family district, a ROOM is a living room, dining room or bedroom, equal to at least 80 square feet in area. A ROOM shall not include the area in kitchen, sanitary facilities, utility provisions, corridors, hallways and storage. Plans presented showing one, two or three-bedroom units and including a den, library or other extra rooms count such extra ROOMS as a bedroom for the purpose of computing density.
SATELLITE RECEPTION AREA. A dish type antenna for the reception of communication or other signals from orbiting satellites.
SETBACK. The distance required to obtain minimum front, side or rear yard open space provisions of this chapter.
SIGN. The use of any words, numerals, figures, devices, designs or trademarks by which anything is made known such as are used to show an individual, firm, profession or business, and are visible to the public.
(1) ACCESSORY SIGN. A sign which is accessory to the principal use of the premises.
(2) NONACCESSORY SIGN. A sign which is not accessory to the principal use of the premises.
STORY.
(1) The part of a building, except a mezzanine as defined herein, included between the surface of one floor and the surface of the next floor, or, if there is no floor above, then the ceiling next above. A basement shall not be counted as a STORY. (See Appendix A, Illustration 2.)
(2) STORY; HALF. An uppermost story lying under a sloping roof having an area of at least 200 square feet with a clear height of seven feet six inches. For the purposes of this chapter, the usable floor area is only that area having at least four feet of clear height between floor and ceiling.
STREET. A publicly dedicated right-of-way, other than an alley, which affords the principal means of access to abutting property.
STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
TELEVISION RECEPTION TOWER. A free-standing structure on which a television reception device, other than a satellite reception antenna, is mounted. This shall not include house-top television antenna.
TEMPORARY USE OF BUILDINGS. A use permitted by the Zoning Board to exist during a specified period of time.
USE. The principal purpose for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied.
VARIANCE. A modification of the literal provisions of the zoning ordinance codified herein granted when strict enforcement of the zoning ordinance would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted. The crucial points of VARIANCE are undue hardship, unique circumstances and applying to property. A VARIANCE is not an exception.
WALL; OBSCURING. A structure of definite height and location to serve as an obscuring screen in carrying out the requirement of this chapter.
YARDS. The open spaces on the same lot with a main building unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter and as defined herein:
(1) FRONT YARD. An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building.
(2) REAR YARD. An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building. In the case of a corner lot, the REAR YARD may be opposite either street frontage.
(3) SIDE YARD. An open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point on the side lot line to the nearest point of the main building. (See Appendix A, Illustration 7.)
(Ord. 18-108, passed 5-7-2018)