(A) Construction of terms. In construing the intended meaning of terminology used in this chapter, the following rules shall be observed:
(1) Words and phrases shall have the meanings respectively ascribed to them in division (B) of this section unless the context clearly indicates otherwise; terms not defined in division (B) of this section shall have their standard English meanings.
(2) Words denoting the masculine gender shall be deemed to include the feminine and neuter genders.
(3) Words used in the present tense shall include the future tense.
(4) Words used in the singular number shall include the plural number, and the plural the singular.
(5) The term “shall” is mandatory.
(6) The term “may” is discretionary.
(7) The term “this municipality” shall mean the City of Troy, Illinois.
(8) The words “lot”, “parcel”, “tract”, and “site” shall be synonymous.
(9) The words “building and/or structures” shall include all nonliving improvements upon the land.
(10) The phrases “used for”, “arranged for”, “designed for”, “intended for”, “maintained for”, and “occupied for” shall be synonymous.
(11) All distances shall be measured to the nearest integral foot; six inches or more shall be deemed one foot.
(12) References to sections shall be deemed to include all subsections within that section; but a reference to a particular subsection designates only that subsection.
(13) A general term that follows or is followed by enumerations of specific terms shall not be limited to the enumerated class unless expressly limited.
(B) Selected definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUTTING.
As applied to lots,
ABUTTING
means having a common lot line or district line, or so located in relation to each other that there would be a common lot line or district line but for the existence of a street, alley, or other public right-of-way.
ACCESS WAY.
A curb cut, ramp, or other means for providing vehicular access to an off-street parking or loading area from a street.
ACCESSORY STRUCTURE.
A detached subordinate building located on the same building site with the main building, the use of which is incidental to that of the main building.
ACCESSORY USE.
Any structure or use that is:
(a) Subordinate in size or purpose to the principal use or structure which it serves;
(b) Necessary or contributing to the comfort and convenience of the occupants of the principal use or structure served; and
(c) Located on the same lot as the principal use or structure served.
ADDITION.
An increase of building area, aggregate floor area, height or number of stories of a structure.
ADJACENT.
Lying near, in the vicinity of, next to, adjoining.
ADJOINING.
Touching or contiguous.
ADVERTISING.
See
SIGNS
.
AGRICULTURE.
Any one or any combination of the following: the growing of farm or truck garden crops, dairying, pasturage, horticulture, floriculture, or animal/poultry husbandry. The term
AGRICULTURE
encompasses the farmhouse, and accessory uses and structures customarily incidental to agricultural activities.
AISLE.
A vehicular traffic way within an off-street parking area, used as a means of access/egress from parking spaces.
ALLEY.
A public right-of-way which affords a secondary means of vehicular access to abutting premises that front on a nearby street.
ALTER.
To change the size, shape, or use of a structure.
ALTERATION.
Any structural change in the supporting or load-bearing members of a building, such as bearing walls, columns, beams, or girders.
AMENDMENT.
A change in the provisions of this chapter (including those portions incorporated by reference), properly effected in accordance with state law and the procedures set forth herein.
ANCHOR.
Any approved device to which a mobile or manufactured home is tied down to keep it firmly attached to the stand on which it is placed.
ANIMAL HOSPITAL.
Any building or portion thereof designed or used for the care, observation or treatment of domestic animals.
ANTENNA STRUCTURES.
Any antenna or parabolic/dish-type apparatus, external to or attached to the exterior of a building or structure, capable of receiving, for the benefit of the principal use, television or radio signals. Satellite dishes are considered an accessory use.
APARTMENT.
A room or suite of rooms used as a dwelling for one family which does its cooking therein within a multiple family building.
APPROVED.
Accepted by a City of Troy official or other authority having jurisdiction.
ASPHALT.
A mixture of petroleum by-products and gravel used for paving to form an impermeable, all-weather and dustless surface.
ATTACHED.
As applied to buildings,
ATTACHED
means having a common wall and/or a common roof.
AUDITORIUM.
A room, hall or building made a part of a church, theater, school, recreation building or other building assigned to the gathering of people as an audience, to hear lectures, plays and other presentations, as well as participate in dances, dinners, expositions, bingos, and the like.
AUTOMOBILE (MOTOR VEHICLE) SERVICE STATION.
Any building or premises used for the dispensing, sale or offering for sale at retail to the public, automobile (motor vehicle) fuels stored only in underground tanks located wholly within the lot lines; lubricating oil or grease for the operation of automobiles; and the sale and installation of tires, batteries, and other minor accessories, and minor automobile (motor vehicle) repair, but not including a bulk plant, conduct of major motor vehicle repairs, motor vehicle wrecking, motor vehicle sales, or motor vehicle laundries (car washes), however, that the washing of individual’s motor vehicles where no chain conveyor is employed, may be included.
AUTOMOBILE LAUNDRY (CAR WASH).
A building or portion thereof containing facilities for washing motor vehicles, providing space, water, equipment or soap for washing of motor vehicles by the operator or customer. Production line methods using mechanical devices are permitted.
BAR AND/OR COCKTAIL LOUNGE.
Any premises wherein alcoholic beverages are sold at retail for consumption on the premises and minors are excluded therefrom by law. It shall not mean premises wherein such beverages are sold in conjunction with the sale of food for consumption on the premises and the sale of the beverages comprises less than 25% of the gross receipts.
BASEMENT.
A story having one-half or more of its height below the average level of the adjoining ground.
BED AND BREAKFAST.
An operator-occupied residence providing accommodations for a charge to the public with no more than five guest rooms for rent, in operation for more than ten nights in a 12-month period. Breakfast and light snacks/refreshments may be provided to the guests only. Bed and breakfast establishments shall not include motels, hotels, boarding houses or food service establishments.
BILLBOARD.
A sign advertising a commodity, business, service, or event not available or conducted upon the premises where such sign is located or to which it is affixed.
BLOCK.
An area of land entirely bounded by streets, highways, barriers, or ways (except alleys, pedestrian ways, or exterior boundaries of a subdivision unless the exterior boundary is a street, highway, or way) or bounded by a combination of streets, public parks, cemeteries, railroad rights-of-way, waterways, or corporate boundary lines.
BOARDING HOUSE.
A building or portion thereof-other than a hotel, motel, or apartment hotel-containing lodging rooms for three or more persons who are not members of the keeper’s family, and where lodging and/or meals are provided by prearrangement and for definite periods.
BUILDING.
Any covered structure intended for the shelter, housing, or enclosure of persons, animals or personal property; the term building shall be construed to include the term structure.
BUILDING HEIGHT.
The vertical distance measured from the average elevation of the proposed finish grade at the front wall of the building to the highest point of the roof.
BUILDING LINE.
The line nearest the front of and across a lot, delineating the minimum open space required between the front of a structure and the street right-of-way line.
BUILDING, ENCLOSED.
A building covered by a permanent roof and separated on all sides from adjacent open space or other buildings by fixed exterior walls or by common walls, with openings only for windows and doors.
BUILDING, PRINCIPAL.
A non-accessory building in which the principal use of the premises is conducted.
BULK.
Any one or any combination of the following:
(a) Size or height of structure;
(b) Location of exterior walls at all levels in relation to lot lines, streets, or other structures;
(c) Yards or setbacks;
(d) Lot coverage.
BUSINESS.
An occupation, employment, or enterprise which occupies time, attention, labor and materials; or wherein merchandise is exhibited or sold or where services are offered.
CAMPING TRAILER PARK.
A lot developed with facilities for accommodating temporarily occupied camping trailers.
CAMPING TRAILER/RECREATIONAL VEHICLE.
A mobile structure designed for temporary occupancy.
CANOPY.
An open-sided, roof-like structure, usually self-supporting and detached, erected primarily to provide shelter from the weather.
CAR WASH.
See
AUTOMOBILE LAUNDRY
.
CARPORT.
A roof-like structure open on at least two sides, usually formed by the extension of the roof from the side of the building, primarily used to provide shelter for vehicles parked outdoors.
CARPORTS
not open on at least two side shall be considered a garage and shall comply with the provisions set forth for garages.
CATERING SERVICE OR ESTABLISHMENT.
To proved food and/or alcoholic beverages for large dinners, banquets, and the like.
CHILD CARE CENTER.
See
NURSERY SCHOOL
.
CHURCH.
A building designed or used for regularly scheduled worship services.
CLINIC.
An establishment where licensed medical practitioners or dentists practice medicine or dentistry, but where overnight lodging for sick or injured persons is not provided.
CLOSED CONSTRUCTION.
Any building component, assembly or system manufactured in such a manner that all portions cannot readily be inspected at the installation site without disassembly, damage to, or destruction thereof.
CLUB/LODGE.
A nonprofit association or persons who are bona fide members organized for some purpose(s) and paying regular dues and whose facilities are restricted to members and their guests; not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
CODE OFFICIAL.
The official appointed by the Mayor with the advice and consent of the City Council to administer this chapter, or his or her representative.
COMMERCIAL USE/ESTABLISHMENT.
Any use or establishment wherein goods and/or services are purchased or sold, whether to the consuming public (retail) or to other businesses (wholesale).
COMMUNITY RESIDENCE.
A group home or specialized residential care home serving unrelated persons with disabilities which is licensed, certified or accredited by appropriate local, state or national bodies.
COMMUNITY RESIDENCE
does not include a residence which serves persons as an alternative to incarceration for a criminal offense, or persons whose primary reason for placement is substance or alcohol abuse or for treatment of communicable disease.
CONDOMINIUM.
A form of cooperative ownership which permits individual ownership of a specific part of a building, with common ownership of all spaces beyond the specific apartments that meets all required Illinois laws.
CONFORMING.
In compliance with the applicable provisions of this chapter.
CONVALESCENT HOME.
A building used as a medical care facility for persons who need non-permanent, short-term nursing care, medical service or therapy, but do not require intensive hospital care.
CONVENIENCE SHOP.
Any small retail commercial or service establishment offering goods/services.
CORNER LOT.
See
LOT, CORNER
.
CORRELATED COLOR TEMPERATURE (CCT). The characterization of the color content, or spectrum ("warmness" or "coolness") of a light source measured in Kelvin (K).
CUTOFF LUMINAIRE. As classified by the Illuminating Engineering Society of North America (IESNA), the luminous intensity (in candelas) at or above an angle of 90 degrees above nadir does not numerically exceed 2.5% of the luminous flux (in lumens) of the lamp or lamps in the luminaire, and the luminous intensity (in candelas) at or above a vertical angle of 80 degrees above nadir does not numerically exceed 10% of the luminous flux (in lumens) of the lamp or lamps in the luminaire.
DAY CARE CENTER.
See
NURSERY SCHOOL
.
DECK.
An open porch which has no roof, is generally open on the sides, is above ground level, and its intended use is for leisure enjoyment.
DEPENDENT MOBILE HOME.
A mobile home which does not have toilet and bath or shower facilities.
DETACHED.
As applied to buildings,
DETACHED
means surrounded by yards on the same lot as the building.
DEVELOP.
To erect any structure or to install any improvements on a tract of land, or to undertake any activity (such as grading) in preparation therefore.
DEVELOPER.
Any person, firm, partnership, association, corporation, estate, or other group or combination acting as a unit, and developing or proposing to develop land within the corporate limits; may be synonymous with “subdivider.” In the event that the developer or subdivider is not the record owner, then both shall sign and be responsible for all submittals and the performance thereunder.
DISTRICT ZONING.
A portion of the territory of this municipality wherein certain uniform requirements of various combinations thereof apply to structures, lots and uses under the terms of this chapter.
DRIVEWAY.
A gravel or hard surfaced minor way commonly providing vehicular access to a parking area, requiring a minimum width of twelve feet and crushed stone with a minimum depth of four inches.
DRIVE-IN RESTAURANT OR REFRESHMENT STAND.
An establishment principally used for the sale of fast order food for consumption off the premises or in parked cars on the premises. Fast order food means food that is:
(a) Primarily intended for immediate consumption;
(b) Available after a short waiting time; and
(c) Packaged or presented in such a manner that it can be readily eaten outside the premises where it is sold.
DRIVE-THROUGH ESTABLISHMENT. A place of business that through design, physical facilities, service, or packaging procedures accommodates customers by providing products or services through a building window to a customer in a vehicle, whether or not ordering is done on-site.
(a) DRIVE-THROUGH LANE. A lane measuring a minimum of nine feet wide that is designed for vehicles queuing for drive-through service.
(b) ORDER POINT. A location outside of a building but still on the premises where ordering a product or service is done without an occupant leaving their motor vehicle.
(c) SERVICE WINDOW. A building opening, including windows, doors, or mechanical devices, through which occupants of a motor vehicle receive or obtain a product or service.
See
RESTAURANT, FAST FOOD
.
DUPLEX.
A dwelling which has accommodations for two families.
DWELLING.
A building or portion thereof designed or used primarily as living quarters for one or more families, but not including hotels, motels, and other accommodations for the transient public. Modular dwellings on permanent foundations shall be treated in the same manner as conventionally constructed dwellings (see definition for modular and permanent foundation).
DWELLING, MULTIPLE-FAMILY.
A building or portion thereof containing three or more dwelling units.
DWELLING, SINGLE-FAMILY.
A detached dwelling containing one dwelling unit and intended for the occupancy of one family.
DWELLING, TWO-FAMILY.
A dwelling containing two dwelling units.
DWELLING UNIT.
One or more rooms designed or used as living quarters by one family. A
DWELLING UNIT
always includes a bathroom and a kitchen.
DWELLING UNIT AREA.
The sum of dwelling areas of several floors of a building, excluding basements, measured from the exterior faces of the exterior walls or from the center of the common walls of attached buildings.
EASEMENT.
A right to use another person’s real property for certain limited purposes.
EMPLOYEE PARKING.
Parking spaces reserved especially for the businesses’ employees.
ENLARGE.
To increase the size (floor area, height, and the like) of an existing principal structure or accessory use, or to devote more land to an existing use.
ERECT.
To build or to construct.
ESTABLISHMENT.
Either of the following:
(a) An institutional, business, commercial, or industrial activity that is the sole occupant of one or more buildings; or
(b) An institutional, business, commercial, or industrial activity that occupies a portion of a building such that:
1. The activity is a logical and separate entity from the other activities within the building and not a department of the whole; and
2. The activity has either a separate entrance from the exterior of the building, or a separate entrance from a common and clearly defined entryway that has direct access to the exterior of the building.
EXISTING.
Existing, constructed or in operation, on the effective date of this chapter.
EXTEND.
To increase the amount of floor area or land area devoted to an existing use.
FAMILY.
One person, or two or more persons related by blood, marriage or legal adoption; or up to four unrelated persons maintaining a common household in a dwelling unit.
FAST FOOD RESTAURANT.
See
RESTAURANT, FAST FOOD
.
FREIGHT TERMINAL.
A building to which freight is brought by truck, air or railroad freight cars for later distribution.
FRONTAGE.
The lineal extent of the front (street side) of a lot.
GARAGE.
A structure designed and intended for the storage of motor vehicles, whether free of charge or for compensation.
GARAGE SALE.
The offer to sell, or sale to the public of new or used merchandise conducted on premises where applicable zoning restrictions do not allow such sales as a permitted use.
GOVERNMENT.
The act or process of administering public policy in a political unit; a political jurisdiction, the office or function thereof.
HOME OCCUPATION.
An accessory use of a dwelling unit for a business, profession or occupation conducted for revenue purposes. A
HOME OCCUPATION
is incidental to the primary use of the building as a residence and is practiced by a member of the family residing on the premises.
HOME OCCUPATION CONDITIONAL USE PERMIT.
A permit issued by the City Council only after a public hearing by the Planning Commission as required in this section involving or relating to an occupation other than those listed in § 154.049.
HOME OCCUPATION PERMIT.
A permit issued by the Zoning Administrator for a home occupation that is authorized by the Home Occupation section without hearing.
HOSPITAL.
Any institution providing health services, primarily for in-patients, emergency medical care, and surgical care of the sick or injured.
HOTEL.
An establishment containing lodging accommodations exclusively designed for use by travelers or temporary guests; permanent residents are not allowed. Facilities provided may include a general kitchen, maid service, desk service, meeting rooms, restaurants, cocktail lounges, and similar ancillary uses, but not cooking facilities in guest rooms.
IMMOBILIZE.
As applied to a manufactured (mobile) home, means to remove the wheels, tongue and hitch and place on a permanent foundation.
IMMOBILIZED-MANUFACTURED (MOBILE) HOME DWELLING.
An immobilized-manufactured (mobile) home structure that is of particular design to permit the exclusive use and occupancy thereof as living quarters for one family.
IMMOBILIZED-MANUFACTURED (MOBILE) HOME OR IMMOBILIZED-HOME STRUCTURE.
A manufactured (mobile) home transferred to that which is “real property”, distinguished from that which is “personal property”, by virtue of causing the structure to rest in whole on a permanent foundation. Having been designed and constructed as a manufactured (mobile) home, the lack of mobility, for whatsoever cause, does not render the structure not a manufactured (mobile) home. Mobility or portability is germane, that is, when portability is removed from a manufactured (mobile) home by causing it to rest in whole on a permanent foundation, it remains a manufactured (mobile) home. The transformation brought about by the act of causing the manufactured (mobile) home to rest in whole on a permanent foundation is the act to transform the manufactured (mobile) home from that which is personal property to that which is real property.
INTENSIFY.
To increase the level or degree of.
INTERSECTION.
The point at which two or more public rights-of-way (generally streets) meet.
JUNK YARD.
An open area of land or an accessory structure that is used for buying, selling, exchanging, storing, baling, packing, disassembling, or handling waste or scrap materials. Such scrap materials include vehicles, machinery, and equipment not in operable condition or parts thereof, and metals, glass, paper, plastic, rags, and rubber tires. A lot on which three or more inoperable vehicles are stored shall be deemed a junkyard. A
JUNKYARD
includes an automobile wrecking yard but excludes similar uses taking place entirely within a completely enclosed building.
KENNEL.
Any structure or premises or portion thereof on which more than three dogs, cats, or other household domestic animals, over four months of age, are kept or on which more than two such animals are maintained, boarded, bred, or cared for in return for remuneration or are kept for purpose of sale.
LABORATORY (RESEARCH).
A building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.
LANDSCAPING SERVICE.
A service that professionally arranges or improves sections of ground by contouring the land and planting flowers, trees or shrubs. This does not include tracts of land used for raising and transplanting these items for sale. See
NURSERY
.
LOADING SPACE.
The temporary parking space of a commercial vehicle generally required for loading and unloading merchandise, materials or goods that directly service the consumer.
LOT.
A tract of land used or developed as a unit, under single ownership or under single control. A
LOT
may or may not coincide with a “lot of record”.
LOT AREA.
The area of a horizontal plane bounded by the front, side, and rear lines of a lot, but not including any area occupied by the waters of a duly recorded lake or river.
LOT, CORNER.
A lot having at least two adjacent sides that abut for their full length upon any public right-of-way. Both such side lines shall be deemed front lot lines.
LOT COVERAGE.
The portion of a lot that is occupied by buildings or structures, including accessory buildings or structures.
LOT COVERAGE, MAXIMUM.
The maximum percentage of lot that can be occupied by buildings or structures, including accessory buildings or structures.
LOT DEPTH.
The average horizontal distance between the front lot line and the rear lot line of a lot.
(a) LOT LINE, FRONT.
Any lot boundary abutting any public right-of-way.
(b) LOT LINE, REAR.
An interior lot line which is most distant from and most nearly parallel to the front lot line. The
REAR LOT LINE
on corner lots shall be defined as the line most distant and most nearly parallel to either of the front lot lines as defined elsewhere in these definitions.
(c) LOT LINE, SIDE.
Any boundary of a lot which is not a front lot line or a rear lot line.
LOT OF RECORD.
An area of land designated as a lot on a plat of subdivision recorded or registered with the Recorder of Deeds of Madison County, Illinois, in accordance with state law.
LOT SIZE REQUIREMENT.
Refers to the lot area, width, and depth requirements of the applicable district.
LOT SIZE/BULK VARIANCE.
A relaxation of the strict application of the lot size and/or bulk requirements applicable to a particular lot or structure. A
LOT SIZE/BULK VARIANCE
is associated with the property.
LOT, THROUGH.
A lot having a pair of approximately parallel lot lines that abut two approximately parallel streets. Both such lot lines shall be deemed front lot lines.
LOT WIDTH.
The mean horizontal width of a lot measured at right angles to the side lot lines at the building line.
MAINTENANCE.
The routine upkeep of a structure, premises, or equipment, including the replacement or modification of structural components to the extent necessary to keep a structure in sound condition.
MAJOR THOROUGHFARE.
A traffic way with at least two lanes in each direction. It may or may not be a freeway, arterial street, secondary arterial street or collector street.
MANUFACTURED (MOBILE) HOME.
A structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 320 or more square feet and which 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, and include the plumbing, heating, air conditioning, and electrical systems. All
MANUFACTURED (MOBILE) HOMES
constructed after June 15, 1976 must comply with the National Manufactured Home Construction and Safety Standards Act of 1974. These standards apply uniformly across the country. Compliance with this standard is indicated by a red metal label permanently affixed to the rear of each towable unit.
MANUFACTURED (MOBILE) HOME OR MANUFACTURED (MOBILE) HOME STRUCTURE.
A moveable or portable vehicular structure designed and constructed for permanent occupancy, having plumbing, electrical and mechanical systems, and so designed and constructed as to permit its transport on wheels, temporarily or permanently attached to its own chassis, from the place of its construction to the location or subsequent locations at which it is intended to be occupied, connected to utilities, for year round occupancy, and having no need for a permanent foundation. (A manufactured (mobile) home resting in whole on a permanent foundation shall be construed as an “immobilized manufactured (mobile) home”). The term shall include:
(a) Structures containing parts that may be folded, collapsed or telescoped when being towed and that may be expanded to provide additional cubic capacity; and
(b) Structures composed of two or more separately towable components designed to be joined into one integral structure capable of being separated again into the component parts for repeated towing.
Modular buildings or modular building structures are not
MANUFACTURED (MOBILE) HOMES OR MANUFACTURED (MOBILE) HOME STRUCTURES
. The term shall include units designed to be used for dwelling, business, educational or industrial uses.
MANUFACTURED (MOBILE) HOME PARK.
A tract of land or two or more contiguous tracts of land upon which contain sites with the necessary utilities for two or more independent manufactured (mobile) homes for permanent habitation either free of charge or for revenue purposes, and shall include any building, structure, vehicle, or enclosure used or intended for use as part of the equipment of such manufactured (mobile) home park. Separate ownership of contiguous tracts of land shall not preclude the tracts of land from common licensure as a
MANUFACTURED (MOBILE) HOME PARK
if they are maintained and operated jointly.
MANUFACTURED (MOBILE) HOME STAND.
The part of a manufactured (mobile) home space beneath the manufactured (mobile) home that may include the concrete slab, runners or rock, piers, and plastic on which the home is anchored to.
MEETING ROOM.
All structures which are designed or occupied for the gathering together of persons for the purposes such as civic, social, or religious functions.
MINI-WAREHOUSES.
A building, or part of one, for the storage of goods, merchandise, and the like for rent to individuals for a monthly fee.
MINOR’S MISCELLANEOUS SEASONAL WORK.
Work performed by a person under the age of 18 on a part-time basis that is seasonal in nature such as lawn mowing and snow removal.
MODULAR BUILDING OR MODULAR BUILDING STRUCTURE.
A building assembly or system of building sub-assemblies, designed for habitations as a dwelling for one or more persons, including the necessary electrical, plumbing, heating, ventilating and other service systems, which is of closed or open construction and which is made or assembled by a manufacturer, on or off the building site, for installation, or assembly and installation, on the building site, with a permanent foundation. These types of units may be either panelized (floor, wall and roof panels are assembled at the final site) or sectional (the home is shipped as a box-like configuration.) The state-approved manufactured housing unit must comply with the currently adopted One and Two Family Dwelling Code, the currently adopted Illinois State Plumbing Code, and the currently adopted National Electric Code. All approved modular homes will have a yellow seal on the electric panel box of the home or on the inside of the kitchen sink cabinet. And unlike manufactured (mobile) homes, the City of Troy may require additional items other than the minimum state requirements to be incorporated into the construction.
MOTEL.
Lodging for motorists, usually with blocks of rooms opening directly onto a parking area; permanent residents are not allowed. Also called a motor court.
MOTOR VEHICLE.
Any passenger vehicle, truck, truck-trailer, tractor, tractor trailer, trailer or semi-trailer propelled or drawn by mechanical power.
MOTOR VEHICLE REPAIR, MAJOR.
The general repair, engine rebuilding or reconditioning of motor vehicles, collision service, such as body, frame and fender straightening and repair, and painting of motor vehicles.
MOTOR VEHICLE REPAIR, MINOR.
Incidental repairs, replacement of parts and motor service of any motor vehicles but excluding any operation specified under “Motor Vehicle Repair, Major.”
MOTOR VEHICLE SERVICE STATION.
See
AUTOMOBILE SERVICE STATION
.
NIGHTCLUB.
A bar, restaurant, coffee house, or similar establishment where a dance floor or entertainment is provided.
NON-CONFORMING.
As applied to a lot, structure, or use, means:
(a) Lawfully existing on the effective date of this chapter; but
(b) Not in compliance with the applicable provisions thereof.
NUISANCE.
Any thing, condition, or conduct that endangers health, or unreasonably offends the senses, or obstructs the free use and comfortable enjoyment of property, or essentially interferes with the comfortable enjoyment of life.
NURSERY.
A tract of land on which trees, shrubs, and other plants are raised for transplanting and sale, and including any structure in which the activities are conducted.
NURSERY SCHOOL.
An establishment for the part-time care and/or instruction (at any time of day) of four or more unrelated children of predominately pre-elementary school age.
NURSING HOME.
A building used as a medical care facility for persons who need long-term nursing care and medical service, but do not require intensive hospital care.
OCCUPANCY.
The purpose for which a building or portion thereof is used.
OCCUPIED LAND AREA (for computing off-street parking and loading space requirements).
That area of a lot occupied by all buildings, structures and accessory uses which in combination encompass the operation of the principal use.
OCCUPIED LAND AREA
is normally used in computing required parking for uses that typically are not completely enclosed. Examples are vehicle sales lots and outdoor recreational facilities. Any parcel of land that is considered occupied space shall be improved to the discretion of the Zoning Official.
OFFICE.
Any building, or portion thereof, in which the business (usually clerical and administrative affairs) of a commercial/service enterprise or professional person is transacted.
OFF-STREET PARKING AREA.
Land that is improved and used primarily for outdoor storage of any vehicle that has an axle and wheels, for free of charge or compensation. This includes, but is not limited to, passenger motor vehicles, trucks, campers, boats, motor homes, mobile homes, and recreational vehicles both on road and off-road. An
OFF-STREET PARKING AREA
, depending on the circumstances of its use, may either be a principal or accessory use.
OFF-STREET PARKING SPACE.
An area at least 20 feet long and ten feet wide within an off-street parking area or garage, used for the storage of one passenger motor vehicle.
OPEN CONSTRUCTION.
Any building component, assembly or system manufactured in such a manner that all portions can be readily inspected at the installation side without disassembly, damage to, or destruction thereof.
OPEN SPACE.
Any land developed as yards, parks, recreation areas, including community centers, and landscaped green areas, exclusive to area developed for off-street parking.
OWNER.
Any individual, corporation, partnership or other legal entity having possessory interest entitled to exclusive possession in land, buildings or possessions.
PARCEL.
Contiguous land in one ownership.
PARK.
Land used for active or passive recreation, owned or controlled by a park district, school district, county district, homeowner’s association, or other city or governmental entity or non-profit organization.
PARKING LOT.
See
OFF-STREET PARKING AREA
.
PATIO.
An at-grade paved area without any walls usually adjacent to a building, and which is intended to be used as an outdoor lounging, dining, or entertaining area.
PERMANENT FOUNDATION.
A below grade formation, or a substructure formation below the tier of beams nearest to grade, consisting of materials such as concrete, mortared concrete block or mortared brick, used to transmit the loads of a structure to firm substrata, which formation shall include, but not necessarily be limited to, cellars, basements, crawl spaces, floating concrete mats with frost walls, piers and/or pilings extending into the ground below the frost line or to solid rock.
PERMANENT HABITATION.
A period of 30 or more consecutive days.
PERMANENT RESIDENT.
The term permanent resident shall include any person who occupies any home, apartment, room or rooms in a motel/hotel, or any other dwelling unit for at least 30 consecutive days.
PERMITTED USES.
Any use which is or may be lawfully established in a particular district(s), provided it conforms with all the requirements applicable to the district(s).
PERSON.
An individual, firm, association, organization, or corporate body.
PLAN.
The geographical and topographical maps, engineering and architectural drawings and specifications, and other information indicating the location and nature of a development.
PLANNED DEVELOPMENT.
A residential or commercial development on a parcel of land in single ownership and consisting of two or more buildings having any yard, court, parking or loading space in common.
PORCH.
A structure attached to a building to shelter an entrance or to serve as a semi-enclosed space, usually covered with a roof, generally open-sided, and usually large enough to allow seating devices.
PORTABLE BUILDING.
A moveable structure which is not permanently affixed to a permanent foundation.
PREFABRICATED BUILDING or PREFABRICATED BUILDING STRUCTURE.
A completely assembled and erected building designed and constructed for permanent occupancy, of which fifty percent or greater of the structural parts consist of individual prefabricated structural units (such as a beam, girder, plank, strut, column, or truss) and prefabricated building subassemblies (such as an assembled section of a wall, ceiling, floor, or roof, which may be of closed or open construction) that are transported from the place of manufacture to the building site to be incorporated into the building by field erection of such structural units and building subassemblies, having need of a perimeter formation permanent foundation. The term shall include buildings designed and intended to be used for dwelling, business, educational, or industrial use occupancy.
PREFABRICATED MODULE.
A built up combination of prefabricated building subassemblies (consisting of at least the floor, walls, and ceiling) constructed and arranged forming an attachable cell or set of rooms which is of closed construction, designed and intended to be transported without need of its own chassis from the place of its manufacture to the building site where it is to be arranged and united with one or more other such cells or units of rooms forming a modular building.
PREMISES.
A lot and all the structures and uses thereon.
PRINCIPAL BUILDING/STRUCTURE/USE.
The main structure erected on or the main use occupying a lot, as distinguished from an accessory (subordinate) structure or use.
PRIVATE STREET.
Any street providing access to abutting property that is not maintained by and dedicated to a unit of government.
PUBLIC WAY.
Any sidewalk, street, alley, highway or other public thoroughfare.
RECONSTRUCT.
As applied to nonconforming structures, means to rebuild after partial destruction.
RECREATIONAL VEHICLE.
See
CAMPING TRAILER/RECREATIONAL VEHICLE
.
RECREATIONAL VEHICLE (RV) PARK.
See
CAMPING TRAILER PARK
.
REFUSE.
Garbage (food wastes) and trash, but not sewage or industrial wastes.
RELOCATE.
To move to another portion of a lot or to a different lot.
REPAIR.
To restore to sound condition, but not to reconstruct.
RESTAURANT.
A business where the dispensing of edible foods and/or beverages on the premises is the principal business operation; including a cafeteria, coffee shop, lunch room, tea room, and dining room, but not including a drive-in or fast food restaurant.
RESTAURANT, DRIVE-IN.
A restaurant that dispenses foods and/or beverages to persons in parked or stopped motor vehicles.
RESTAURANT, FAST FOOD.
A restaurant whose principal business is the dispensing of edible foods and/or beverages in disposable containers to be eaten on the premises or taken out. This type of restaurant is usually self-service and may include a drive-thru service window.
RETAIL ESTABLISHMENT. A business engaged in the sale of any product or merchandise to customers for their own personal consumption or use, not for resale.
RIGHT-OF-WAY, PUBLIC.
A strip of land which the owner/subdivider has dedicated to the city or to another unit of government for streets and alleys.
SANITARY LANDFILL.
A tract of open land used for the permanent disposal of refuse in accordance with the requirements of the Illinois Environmental Protection Agency.
SCHOOL.
A public or private institution which offers instruction in any of the branches of learning and study comparable to that taught in the public schools under the Illinois school laws, including pre-kindergartens, elementary schools, junior and senior high schools, including trade, business, or commercial schools.
SERVICE STATION.
See
AUTOMOTIVE SERVICE STATION
.
SETBACK.
The distance between the front lot line and the building line; or between a side or rear lot line and the side of the structure which faces such lot line; or between the appropriate lot line and the nearest boundary of the area of operation which is approximately parallel to such lot line.
SIGN.
Any fabricated sign or outdoor display structure, including its structure, consisting of any letter character, mark, point, plane, marquee sign, design, poster, pictorial, picture, stroke, stripe, line, trademark, reading matter, or illuminating devise, which constructed, attached, erected, fastened or manufactured in any manner so that the same shall be used for the attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine or merchandise, and displayed in any manner out of doors for recognized advertising purposes.
SKIRTING.
The cover affixed to the bottom of the exterior walls of a mobile home to conceal the underside thereof.
SPECIAL USE.
A use that has unusual operational, physical, or other characteristic which distinguish it from the permitted uses of a district, but which can be made compatible with the intended overall development within a district.
SPECIAL USES
commonly must meet special standards not necessarily applicable to permitted uses in the district, and are allowed only by permit. A special use permit shall not be transferable.
SPECIAL USE PERMIT.
A permit issued in accordance with the provisions of this code to regulate development of a special use.
STABLE.
A structure, situated on the same lot as a dwelling, and designed or used for housing horses for the private use of occupants of the dwelling, but not for hire.
STOOP.
A small porch which is usually not covered with a roof and which is primarily used to provide access to the adjoining building.
STOP WORK ORDER.
A type of corrective action order used by the zoning administrator or his designee to halt work in progress that is in violation of this chapter.
STORAGE BUILDING.
A structure designed to keep or store goods and equipment. The building is not designed for occupancy by families or individuals.
STORAGE, OUTDOOR.
The outdoor accumulation of vehicles, equipment or products, or materials for permanent or temporary holding.
STORY, ABOVE GRADE.
Any story having its finished floor surface entirely above grade.
STREET.
A public or private way for motor vehicle travel. The term
STREET
includes a highway, thoroughfare, parkway, through way, road, pike, avenue, boulevard, lane, place, drive, court, and similar designations, but excludes an alley or a way for pedestrian use only.
STREET LINE.
The street right-of-way line abutting a lot line.
STRUCTURE.
Anything constructed or erected on the ground, or attached to something having fixed location on the ground. All buildings are
STRUCTURES
, but not all
STRUCTURES
are buildings.
STRUCTURE, TEMPORARY.
Any structure that is not attached to a permanent foundation.
SUBDIVIDER
. See
DEVELOPER
.
SUBDIVISION.
Any division of land into two or more lots, except as provided otherwise in the list of exceptions set forth in the Plan Act (ILCS Ch. 765, Act 205, § 1). The term
SUBDIVISION
includes resubdivision.
SUBDIVISION, MINOR.
A division of land into two but not more than four lots, all of which front upon an existing street, and not involving any new streets, other rights-of-way, easements, improvements or other provisions for public areas and facilities.
SWIMMING POOL.
Any structure that contains water two feet or greater in depth. This includes in-ground, above ground and on-ground swimming pools, hot tubs and spas.
TAVERN.
An establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises and where sandwiches and snacks may be available for consumption on the premises.
TEMPORARY USE PERMIT.
A permit issued in accordance with the provisions of this chapter and valid for not more than one year, plus the optional extension period of one year, which allows the erection/occupation of a temporary structure or the operation of a temporary enterprise.
TOPOGRAPHY.
The relief features or surface configuration of an area.
TRAILER.
A vehicle without motive power used or adaptable for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, or skirting, and has been equipped with wheels or other devices for transporting the structure from place to place. A permanent foundation shall not change its character.
USE.
The purpose or activity for which land or a structure thereon is designed, arranged, intended, occupied, or maintained.
UTILITY SUBSTATION.
A secondary utility facility such as an electrical substation, gas regulator station, telephone exchange facility, sewage treatment plant, and the like.
VARIANCE.
See
LOT SIZE/BULK VARIANCE
.
VIDEO GAMING CAFÉ or PARLOR. A business, deriving more than 50% of their income from video gaming, where the primary or a major focus is video gaming and the sale of or service of alcohol and food is secondary. Video gaming establishments must comply with the provisions of the Video Gaming Act (ILCS Ch. 230, Act 40, §§ 1 et seq.) and all rules, regulations, and restrictions imposed by the State Gaming Board.
WAREHOUSE.
A place in which goods or merchandise are stored.
WHOLESALE.
Refers to the sale of goods or services by one business to another business.
YARD.
Open space that is unobstructed except as specifically permitted in this chapter and that is located on the same lot as the principal building.
YARD, FRONT.
A yard which is bounded by the front lot line and the building line.
YARD LINE.
A line in a lot that is parallel to the lot line along which the applicable yard extends and which is not nearer to such lot line at any point than the required depth or width of the yard.
YARD, REAR.
A yard which is bounded by side lot lines, rear lot lines, and the rear yard line.
YARD, SIDE.
A yard which is bounded by the rear yard line, front yard line, side yard line, and side lot line.
ZONING MAP.
The map(s) and any amendments thereto designating zoning districts. The
ZONING MAP
is incorporated into this chapter.