For the purpose of the Zoning Code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING or USE. A subordinate building or use which is located on the same lot on which the principal building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of the building or main use, when permitted by district regulations. An ACCESSORY USE includes, but is not limited to, the following:
(1) A children’s playhouse, garden house and private greenhouse;
(2) A garage, shed, carport or building for domestic storage;
(3) Incinerators incidental to residential use;
(4) Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless the storage is excluded by the district regulations;
(5) Storage of goods used in or produced by manufacturing activities, on the same lot or parcel of ground with the activities, unless the storage is excluded by the district regulations;
(6) Off-street motor vehicle parking areas, and loading and unloading facilities;
(7) Signs as permitted and regulated in each district incorporated herein;
(8) Public utility communication, electric, gas, water and sewer lines, their supports and incidental equipment;
(9) Private swimming pools;
(10) Where a substantial part of the wall of an accessory building is a part of the wall of the main building or where an accessory building is attached to the main building in a substantial manner as by a roof, the accessory building shall be counted as part of the main building.
ACREAGE. Any tract or parcel of land which has not been subdivided and platted.
AGRICULTURE. All of the growing of crops in the open and the raising and feeding of livestock and poultry, including farming, farm buildings and farm dwellings; truck gardens, flower gardens, apiaries, mushroom growing, nurseries, orchards, forestry, dairying, greenhouses and commercial vegetables.
ALLEY. A public way not more than 30 feet wide, which affords only a secondary means of access to abutting property.
APARTMENT. A room or suite of rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen facilities, permanently installed, must always be included for each apartment.
AUTOMOBILE LAUNDRY. A building or portion thereof where automobiles are washed with the use of a chain conveyor and blower or steam-cleaning device.
AUTOMOBILE LAUNDRY (SELF-SERVICE). A building or portion thereof containing facilities for washing more than 2 automobiles, using self-service mechanical devices.
AUTOMOBILE REPAIR, MAJOR. Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; and overall painting of vehicles.
AUTOMOBILE REPAIR, MINOR. Incidental repairs, replacement of parts, and motor service to automobiles, but not including any operation specified under AUTOMOBILE REPAIR, MAJOR.
AUTOMOBILE SERVICE STATION. A place where gasoline, stored only in underground tanks, kerosene, lubricating oil or grease, for operation of automobiles are offered for sale directly to the public on the premises and including minor accessories and services for automobiles, but not including major automobile repairs; and including washing of automobiles where no chain conveyor, blower or steam-cleaning device is employed. When the dispensing, sale or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a PUBLIC GARAGE.
AUTOMOBILE WRECKING YARD. Any place where 2 or more motor vehicles not in running condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for wrecking or storing of the motor vehicles or parts thereof, and including any used farm vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging of any other goods, articles or merchandise.
BASEMENT. A story partly or wholly underground. Where more than one-half of its height is above the established curb level or above the average level of the adjoining ground where curb level has not been established, a basement shall not be counted as a story for purposes of height measurement.
BILLBOARD. Any structure or portion thereof upon which are signs or advertisements used as an outdoor display. This definition does not include any bulletin boards used to announce church services or to display official court or public office notices or signs advertising the sale or lease of the premises on which the sign is located.
BOARD OF APPEALS. The Zoning Board of Appeals of the city.
BOARDING HOUSE. A building other than a hotel or restaurant where meals are provided for compensation to 4 or more persons, but not more than twelve, who are not members of the keeper’s family.
BLOCK. A tract of land bounded by streets or, in lieu of a street or streets, by public parks, cemeteries, railroad rights-of-way, bulkhead lines or shore lines of waterways or a corporate boundary line of the city.
BUILDABLE AREA. The space remaining on a zoning lot after the minimum open space requirements have been complied with.
BUILDING. Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows, or openings; and which is designed or intended for the shelter, enclosure, or protection of persons, animals, or chattels. Any structure with interior areas not normally accessible for human use, such as gas holders, oil tanks, water tanks, grain elevators, coal bunkers, oil cracking towers, and other similar structures are not considered as buildings. The word BUILDING shall include the word STRUCTURE.
BUILDING HEIGHT. The vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of a gable, hip or gambrel roof; provided, that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.
BUILDING OFFICIAL. Whenever the term BUILDING OFFICIAL is used, it shall mean the Building Official of the city, appointed by the Mayor and City Council or his or her duly appointed representative.
BUILDING SETBACK LINE. A line parallel to the street line at a distance from it, regulated by the front yard requirements set up in the Zoning Code.
BUILDING, NONCONFORMING. A legally existing building which fails to comply with the regulations set forth in the Zoning Code applicable to the district in which the building is located.
BUILDING, PRINCIPAL. A building in which is conducted the main use of the zoning lot on which it is situated.
BULK. The term used to describe the size and mutual relationships of buildings and other structures, as to size; height; coverage; shape; location of exterior walls in relation to lot lines, to the center line of streets, to other walls of the same building, and to other buildings or structures; and to all open spaces relating to the building or structure.
CARPORT. A roofed-over area attached to the principal building for vehicle storage which may be open on 3 sides.
CELLAR. A cellar is a story having more than one-half of its height below the curb level or below the highest level of the adjoining ground. A cellar shall not be counted as a story for the purpose of height measurements.
CITY. The City of Villa Grove, Illinois.
CLUB or LODGE, PRIVATE.
(1) An association of persons for some common purpose which is jointly supported and meets periodically, but not including groups organized primarily to render services which are customarily carried on as a business.
(2) It shall be permissible to serve food and meals on the premises provided that adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to the members and their guests may be allowed in conjunction with the operation of a dining room for the purpose of serving food and meals, though the beverages may be served in a separate room or rooms, and provided that the sale of alcoholic beverages is in compliance with the applicable federal, state and city laws.
CLINIC or MEDICAL HEALTH CENTER. An establishment where patients are admitted for special study and treatment by 2 or more licensed physicians and their professional associates, practicing medicine together.
COMMISSION. The Villa Grove Plan Commission.
CURB LEVEL. The level of the established curb in front of the building measured at the center of the front. Where a building faces on more than 1 street, the CURB LEVEL shall be the average of the levels of the curbs at the center of the front of each street. Where no curb elevation has been established, the mean level of the land immediately adjacent to the building shall be considered the CURB LEVEL.
DISTRICT or ZONE. A section of the territorial jurisdictional area of the city for which uniform regulations governing the use, height, area, size and intensity of use of buildings and land, and open spaces about buildings, are established by these standards.
DWELLING. A building or portion thereof, but not including a house trailer or mobile home, designed or used exclusively for residential occupancy, including one-family dwelling units, two-family dwelling units and multiple-family dwelling units, but not including hotels, boarding or lodging houses.
DWELLING UNIT. One or more rooms in a residential structure or apartment hotel, designed for occupancy by 1 family, for living and sleeping purposes.
DWELLING, ONE-FAMILY. A building designed exclusively for use and occupancy by 1 family and entirely separated from any other dwelling by space.
DWELLING, TWO-FAMILY. A building designed or altered to provide dwelling units for occupancy by 2 families.
DWELLING, MULTIPLE-FAMILY. A building or portion thereof designed or altered for occupancy by 3 or more families living independently of each other.
DWELLING, ROW (PARTY WALL). A row of 2 to 8 attached, one-family, party-wall dwellings, not more than 2½ stories in height, nor more than 2 rooms in depth measured from the building line.
DWELLING GROUP. Two or more one-family, two-family or multiple-family dwellings, or boarding or lodging houses, located on 1 zoning lot, but not including tourist courts or motels.
EDUCATIONAL INSTITUTION. Public, parochial, charitable or nonprofit junior college, college or university, other than trade or business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees.
FAMILY. One or more persons related by blood, marriage or adoption, or a group of not more than 5 persons (excluding servants) who need not be related by blood, marriage or adoption, living together and maintaining a common household, but not including sororities, fraternities or other similar organizations.
FRONTAGE. All the property fronting on 1 side of a street between the nearest intersecting streets or between a street and a right-of-way, waterways or other similar barrier.
GARAGE, BUS. Any building used or intended to be used for the storage of 3 or more passenger motor buses or motor coaches used in public transportation, including school buses.
GARAGE, PRIVATE. A detached accessory, building or portion of the principal building, designed, arranged, used or intended to be used for the storage of passenger automobiles of the occupants of the premises, and 1 truck of not more than 1½ ton capacity.
GARAGE, PUBLIC. A building other than a private garage, used for the care, incidental servicing and sale of automobile supplies, or where motor vehicles are parked or stored for remuneration, hire or sale within the structure, but not including trucks, tractors, truck trailers and commercial vehicles exceeding 1½ ton capacity.
GARAGE, TRUCK. A building which is used or intended to be used for the storage of motor trucks, truck trailers, tractors and commercial vehicles exceeding 1½ ton capacity.
GUEST HOUSE. Living quarters within a detached accessory building located on the same premises with the principal building, for use by temporary guests of the occupants of the premises. The quarters shall have no kitchen facilities nor be rented or otherwise used as a separate dwelling.
HOME OCCUPATION. Any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof; and provided that no article is sold or offered for sale except such as may be produced on the premises by members of the immediately family. Business conducted primarily for online goods or services, in which inventory is not routinely kept at the dwelling and where no traffic is increased for such receipt or delivery, shall be deemed to be a home occupation. Hospitals, barber shops, beauty parlors, dress shops, millinery shops, animal hospitals, kennels, among others, shall not be deemed to be home occupations.
HOSPITAL or SANITARIUM. An institution open to the public in which patients or injured persons are given medical or surgical care; or for the care of contagious diseases or incurable patients.
HOTEL, APARTMENT. A building containing dwelling units or individual guest rooms, the majority of which are for permanent guests. Maid and janitor service may be provided but kitchen facilities are not necessarily included.
HOTEL or MOTEL. A building in which more than 5 rooms or suites are reserved to provide living and sleeping accommodations for temporary guests.
JUNK YARD. Open area where waste, scrap metal, paper, rags, or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including auto and building wrecking yards, but excluding similar uses taking place entirely within a completely enclosed building.
KENNEL, COMMERCIAL. Any lot or premises on which 4 or more domestic animals, at least 4 months of age, are kept, boarded for compensation, or kept or bred for sale.
LABORATORY (COMMERCIAL). A place devoted to experimental study such as testing and analyzing, manufacturing, assembly or packaging of products is not included within this definition.
LOADING AND UNLOADING SPACE, OFF- STREET. An open hard-surfaced area of land other than a street or a public way, the principal use of which is for the standing, loading, and unloading of motor trucks, tractors and trailers, to avoid undue interference with the public use of streets and alleys. The space shall be not less than 10 feet in width, 45 feet in length and 14 feet in height, exclusive of access aisles and maneuvering space.
LODGING or ROOMING HOUSE. A building with not more than 5 guest rooms where lodging is provided for compensation pursuant to previous arrangements but not open to the public or to overnight guests.
LOT. The word LOT when used alone shall mean a ZONING LOT unless the context of these standards indicate otherwise. The word LOT shall include the word PLOT.
LOT, CORNER. A parcel of land situated at the intersection of 2 or more streets or adjoining a curved street at the end of a block.
LOT COVERAGE. The area of a zoning lot occupied by the principal building or buildings and accessory buildings.
LOT DEPTH. The horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.
LOT FRONTAGE. The front of a lot shall be that boundary of a lot along a public street; for a corner lot, the owner may elect either street line as the front lot line.
LOT, INTERIOR. A lot other than a corner or reversed corner lot.
LOT LINE, FRONT. The front property line of a zoning lot.
LOT LINE, REAR. The rear lot line is the lot line or lot lines most nearly parallel to and most remote from the front lot line. Lot lines other than front or rear lot lines are side lot lines.
LOT LINE, SIDE. Lot lines other than front or rear lot lines are side lot lines.
LOT, THROUGH. A lot having frontage on 2 parallel or approximately parallel streets, and which is not a corner lot.
LOT, REVERSED CORNER. A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.
LOT WIDTH. The horizontal distance between the side lot lines measured at right angles to the lot depth at the established front building line.
MANUFACTURE. The making of anything by any agency or process.
MOTOR FREIGHT TERMINAL. A building in which freight, brought to such building by motor truck, is assembled and sorted for routing in intrastate and interstate shipment by motor truck.
NONCONFORMING USE. Any building, structure or land lawfully occupied by a use or lawfully established at the time of the adoption of the Zoning Code or amendments hereto, which does not conform after the adoption of these standards or amendments hereto with the use regulations herein.
NURSING HOME or REST HOME. A private home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for the treatment of sickness or injuries or for surgical care.
NURSERY, DAY. An institution providing care for 3 or more children under the age of 4 years, for periods of more than 4 hours but not exceeding 24 hours.
NURSERY SCHOOL. An institution providing day care services for children from 4 to 6 years of age.
PARKING AREA, PUBLIC. An open, hard- surfaced area, other than a street or public-way, intended to be used for the storage of passenger automobiles and commercial vehicles under 1½ tons capacity and available to the public whether for compensation, free or as an accommodation to clients or customers.
PARKING AREA, PRIVATE. An open, hard- surfaced area of land, other than a street or public way, designed, arranged, and made available for the storage of private passenger automobiles only, of occupants of the building or buildings for which the parking area is developed and is accessory.
PARKING SPACE, AUTOMOBILE. Space within a public or private parking area of not less than 162 square feet (8½ feet by 19 feet), exclusive of access drives or aisles, ramps, columns or office and work areas, for the storage of 1 passenger automobile or commercial vehicle under 1½ ton capacity.
PORCH. A roofed-over structure, projecting out from the wall or walls of a main structure and commonly open to the weather in part.
PUBLIC UTILITY. Any person, firm, corporation or municipal department, duly authorized to furnish under public regulation to the public, electricity, gas, steam, telephone, telegraph, transportation or water.
RAILROAD RIGHT-OF-WAY. A strip of land with tracks and auxiliary facilities for track operation, but not including depots, loading platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops or water towers.
SHALL is mandatory and not directory.
SIGN.
(1) A name, identification, description, display, or illustration which is affixed to, or painted or represented directly or indirectly upon a building, structure, tree, rock or other object, or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business.
(2) However, a sign shall not include any display or official court or public office notices nor shall it include the flag, emblem, or insignia of a nation, political unit, school or religious group. A sign shall not include a sign located completely within an enclosed building unless the context shall be exposed to view from a street. Each display surface of a sign shall be considered to be a sign.
STORY. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof.
STORY, HALF. A half-story is that portion of a building under a gable, hip or mansard roof, the wall plates of which, on at least 2 opposite exterior walls, are not more than 4½ feet above the finished floor of the story. In the case of one-family dwellings, two-family dwellings and multiple-family dwellings, less than 3 stories in height, a half-story in a sloping roof shall not be counted as a story for the purpose of the Zoning Code. In the case of multiple-family dwellings 3 or more stories in height, a half-story shall be counted as a story.
STREET. A public way other than an alley, which affords a primary means of access to abutting property.
STRUCTURE. Anything constructed or erected which requires location on the ground or is attached to something having location on the ground.
STRUCTURAL ALTERATIONS. Any change other than incidental repairs which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders.
TAVERN or LOUNGE. A building or part thereof, where liquors are sold to be consumed on the premises, but not including restaurants where the primary business is serving food.
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, horses or skirting, which does not meet building code requirements and has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place. The term TRAILER shall include mobile home, camp car and house car. A permanent foundation shall not change its character unless the entire structure is erected in accordance with prevailing city laws.
TRAILER CAMP or PARK. Any premises occupied or designed to accommodate 1 or more families living in an automobile house trailer or mobile home or the parking of 1 or more trailers for business purposes.
TRUCK PARKING AREA or YARD. Any land used or intended to be used for the storage or parking of trucks, tractors, truck trailers, and including commercial vehicles, while not loading or unloading, and which exceed 1½ tons in capacity.
USE. The purpose for which land or a building thereon is designed, arranged, or intended, or for which it is occupied or maintained, let or leased.
USE, PRINCIPAL. The main use of land or buildings as distinguished from a subordinate or accessory use.
USED CAR LOT. A zoning lot on which used cars, trailers or trucks are displayed for sale or trade.
VARIANCE. A variance is a relaxation of the terms of the Zoning Code where the variances will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the results of the actions of the applicant, a literal enforcement of the Zoning Code would result in unnecessary and undue hardship. As used in the Zoning Code, a variance is authorized only for height, area, and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.
YARD. An open space on the same zoning lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in the Zoning Code, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the zoning lot is located.
YARD, FRONT. A yard extending across the full width of the zoning lot and lying between the front line of the lot and the nearest line of a building.
YARD, REAR. A yard extending across the full width of the zoning lot and lying between the rear line of the lot and the nearest line of the principal building.
YARD, SIDE. That part of the yard lying between the nearest line of the principal building and a side lot line, and extending from the required front yard (or from the front lot line, if there is no required front yard) to the required rear yard.
ZONING LOT. A plot of ground, made up of 1 or more parcels, which is or may be occupied by a use, building or buildings, including the open spaces required by the Zoning Code.
ZONING MAP. The map or maps incorporated herein as a part hereof.
(1992 Code, § 155.004) (Ord. passed 5- -1969; Am. Ord. 2020-MC03, passed 3-12-2020)