In the interpretation of this chapter, the rules and definitions contained in this Section shall be observed and applied, except when the context clearly indicates otherwise.
A. Rules: The language set forth in the text of this chapter shall be interpreted in accordance with the following rules of construction:
1. Words used in the present tense shall include the future; the words used in the singular number shall include the plural number, and the plural the singular.
2. The word "shall" is mandatory and not discretionary.
3. The word "may" is permissive.
4. The word "lot" shall include the words "piece," "parcel," and "plot."
5. The phrase "designed for" shall include the phrases "arranged for" and "intended for."
6. The phrase "used for" shall include the phrases "maintained for" and "occupied for."
7. The masculine gender includes the feminine and neuter.
8. Whenever a word or term defined hereinafter appears in the text of this chapter, its meaning shall be construed as set forth in the definition thereof. Synonyms of certain words or terms in common usages are shown parenthetically.
9. All measured distances shall be the nearest integral foot. If a fraction is one-half (1/2) foot or more, the integral foot next above shall be taken.
B. Definitions:
ADT: | Average Daily Traffic. |
ALLEY: | A dedicated, minor public right-of-way, not less than twenty (20) feet in width, which affords a secondary means of access to abutting property along a side or rear property line and is not intended for general traffic circulation. |
AREA: | The measure of a horizontal plane bounded by the front, side, and rear lot lines of a lot or parcel of land. |
AREA, GROSS: | The total area (in acres) in fee ownership, which excludes right-of-way already dedicated but includes non-residential land uses and private streets. |
AREA, NET: | The area (in acres) of the actual tract of land upon which the dwelling units or other buildings or structures are located or are proposed to be located. This area shall include the site for all principal and accessory buildings, associated parking areas, and common open space or recreational facilities, but does not include the vehicular circulation system, either private or public, or other non-residential uses. |
BASE FLOOD ELEVATION: | The elevation determined from the elevation of the flood crest profile of the one hundred (100) year flood (certified HUD Flood Insurance Studies [FIS]) where information is available or the highest flood of record as determined by the Warrenville City Engineer from the best available sources of information. |
BLOCK: | A tract of land bounded by street rights-of-way, or by a combination of one or more street rights- of-way and public parks, cemeteries, railroad and utility rights-of way, bulkhead lines, shore lines or waterways, or corporate boundary lines. |
BORINGS, SOIL: | Examination and analysis of the subsoil conditions of a specific parcel of land by drilling. |
BUILDING: | Any structure, with a permanent roof, separated on all sides from adjacent open space, or from other buildings or other structures, by exterior or party walls, built for the support, shelter, or enclosure of persons, animals, chattels, or moveable property of any kind, and which is permanently affixed to the ground. |
BUILDING LINE: | The line nearest the front of and across a zoning lot, establishing the minimum open space to be provided between the front line of a building or structure and the street right-of-way line. (See SETBACK LINE.) |
BUILDING PERMIT: | A permit issued by the City of Warrenville for the construction, erection, or alteration of a structure or building. |
CITY: | Refers to the City of Warrenville, Illinois. |
CITY CLERK: | The City Clerk of the City of Warrenville, Illinois. |
CITY COUNCIL: | The legislative body of the City of Warrenville, Illinois. |
CITY ENGINEER: | The City Engineer of the City of Warrenville, Illinois or the duly authorized representative. |
COMPREHENSIVE PLAN: | The composite of the functional and geographic elements of the official Comprehensive Plan of the City of Warrenville or a segment thereof, in the form of plans, maps, charts, text or reports, implementing ordinances, and the Official Map as adopted by the Warrenville City Council. |
CORINGS, PAVEMENT: | Examination and analysis of the completed surface and/or sub-surface of a finished pavement by removing a core by drilling. |
CROSSWALK: | A public right-of-way located across a block to provide pedestrian access to adjacent streets or alleys. |
CURB: | The permanent edge of a paved surface designed to separate the vehicular travelway from the landscaped parkway. |
DETENTION BASIN: | A covered or uncovered reservoir designed to hold an excessive accumulation of stormwater so as to reduce peak flow in a stormwater drainage system. |
DEVELOPMENT: | Any man-made change to improved or unimproved real property, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the City of Warrenville or its area of planning jurisdiction. Development shall not include: A. Maintenance of existing buildings and facilities such as re-roofing or resurfacing roads; B. Repairs made to a damaged building that do not change the building's exterior dimensions and that are valued at less than fifty (50) percent of the value of the building before the damage occurred. Existing buildings not compatible with present or requested zoning, or with the site plan or concept plan, should be removed; C. Gardening, plowing or similar agricultural practices that do not involve filling, grading or construction of levees; or D. Agricultural development activities on farms including farm residences as exempted by law. |
DRAINAGE SWALE: | A turf drainage ditch of shallow depth. |
EASEMENT: | An authorization or grant by a property owner for the use by another and for a specific purpose, of any designated part of his property. |
ELEVATIONS: | The vertical distance measured from a point on the ground to the datum plane. |
EXCAVATING- FILLING: | Except as hereinafter provided, "excavating and/or filling" shall mean any changing of the grade or sub-grade of a tract of land by cutting, scraping, grading, trenching, digging, filling in, or otherwise reshaping the natural contour of the ground. The following shall not be construed as excavating-filling: A. Any cutting grading, trenching, digging, or back filling of any foundation of a building approved for construction. B. Top dressing in an area of existing homes, provided that the top dressing does not change the drainage patterns. |
FLOOD PLAIN: | The land area adjacent to the surface water bodies or waterways that is subject to periodic inundation when greater than normal water flows are experienced. The flood plain may be identified according to the frequency of the flood flow that inundates it. For example, the portion of flood plain inundated by the flow which is equaled or exceeded once in ten (10) years is the ten (10) year flood plain. The flood plain inundated by a hundred year storm is the one hundred (100) year flood plain. |
FLOODWAY: | The channel of a river or other water course and the adjacent land areas that must be reserved in order to discharge the base flood waters without cumulatively increasing the water surface elevation more than one-tenth of one (.01) foot. |
GRADE: | The degree of rise or descent of a sloping surface. |
GRADE, EXISTING: | The vertical location of the existing ground surface prior to excavation or filling. |
GRADE, FINISHED: | The final elevation of the ground surface after development. |
GRADE, NATURAL: | The elevation of the ground surface in its natural state, before man-made alterations. |
GRADING: | (See Excavating-Filling.) |
LOT: | A parcel of land, which is either a Lot of Record or Zoning Lot. |
LOT, CORNER: | A lot situated at an intersection of two (2) or more streets, where the interior angle of such intersection coterminous with the right-of-way lines of such street does not exceed one hundred thirty-five (135) degrees. |
LOT, INTERIOR: | Any lot other than a corner lot. |
LOT, NON- CONFORMING: | A lot of record, legally created prior to the date of this chapter or amendments hereto, which does not comply with all of the requirements set forth in this chapter for the district and uses into which it is classified. |
LOT OF RECORD: | A single lot which is part of a subdivision, the plat of which has been recorded in the office of the Recorder of Deeds of DuPage County, Illinois; or a single parcel of land, the deed of which has been recorded in the office of said Recorder of Deeds, prior to October 1, 1973, pursuant to Chapter 109 (Plats Act), paragraph 1. (b). |
LOT, THROUGH: | Any lot which fronts upon two (2) substantially parallel streets, or which fronts upon two (2) streets which do not intersect at the boundaries of the lot. On a through lot, both street lines shall be designated front lot lines, and front yards shall be provided on both street frontages as required. |
LOT, ZONING: | A single tract of land, which is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. Prior to the issuance of a building permit or any occupancy use permit, the zoning lot shall be converted into a lot of record by resubdividing according to the requirements of Section 11-1-6 of this chapter. Zoning lot lines shall not cross zoning district boundary lines unless otherwise permitted in this chapter. A single-family home site shall not be required to be resubdivided but shall follow the requirements of Section 11-1-5E. (Ord. 927, 11-18-1987) |
OFFICIAL MAP: | The map showing the streets, highways and parks theretofore laid out, adopted and established by law and any amendments or additions thereto resulting from the City Council action or the approval of subdivision plats. |
OWNER: | Any individual, firm, association, partnership, corporation, trust, or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this resolution. |
PARCEL: | A continuous area or acreage of land, which can be described as provided for the Plats Act (Illinois Revised Statutes). |
PARKWAY: | That portion of right-of-way which is from back of curb or edge of shoulder to right-of-way line to be developed in a park-like manner. |
PEDESTRIAN WAY: | A right-of-way or easement however designed, across or within a block for use by pedestrian traffic; and shall include but not be limited to sidewalks and crosswalks. |
PERSON: | Any natural person, firm or corporation, public or private, the State of Illinois and its agencies or political subdivisions, and the United States of America, its agencies and instrumentalities, and any agent, servant, offices, or employee of any of the foregoing. |
PLAN COMMISSION: | The Plan Commission of the City of Warrenville, Illinois. |
PLANNED UNIT DEVELOPMENT: | A parcel of land or contiguous parcels of land of a size sufficient to create its own character controlled by a single landowner or by a group of landowners in common agreement as to control, to be developed as a single entity; the character of which is compatible with adjacent parcels, and the intent of the zoning district or districts in which it is located; the developer or developers may be granted relief from specific land use regulations and design standards, and may be granted a variation in return for assurances of an overall quality of development, including any specific features which will be of exceptional benefit to the community as a whole and which would not otherwise be required by the Subdivision Ordinance. A. Specify termination date for P.U.D. B. Any deviation from approved plans shall require council action. |
PLAT: | A plan, map, drawing, or chart on which the subdivider's plan for the subdivision of land is presented and which he submits for approval and intends to record in final form. |
PLAT, FINAL: | The drawings and documents presented for final approval as described in Section 11-1-6F. |
PLAT, PRELIMINARY: | The drawings and documents presented for approval as described in Section 11-1-6C. |
PLATS ACT: | Chapter 109 of the Illinois Revised Statutes as amended. |
REQUIRED PUBLIC IMPROVE- MENTS: | Items/improvements, which are required by the Subdivision Control Ordinance and/or the Storm Water Management Ordinance, including, but not limited to, the following: A. Pavement (or Easements) Within Public R.O.W.: All roadway pavement or other paved areas, including base course, binder course, surface course, curb and/or curb and gutter. B. Pavement (or Easements) Outside Public R.O.W.: All roadway pavement or other paved areas, but only when the pavement is used for storm water detention (e.g., a parking lot used for storm water detention). C. Earth Excavation: The excavation which is necessary to construct storm water detention facilities and/or grading which conveys storm water runoff (swales or ditches) and the excavation of public roadways. D. Storm Sewer: All storm sewers and appurtenances thereto, including all culverts, manholes, catch basins, and inlets, but only when it is used to convey storm water runoff to a detention facility or is within a public R.O.W. |
E. Sanitary Sewer: All sanitary sewers and appurtenances thereto, including all manholes, mainline sewers (both on-site and off-site), but excluding building service lines. F. Water Main: All water mains and appurtenances thereto, including all manholes and water transmission lines, but excluding building service lines. G. Streetlights: All streetlights within the public R.W.W. or easements, but excluding parking lot or building lights. H. Top Soil and Seeding or Sodding: Those areas within public R.O.W. or easements, within a detention facility shoreline, or within swales or ditches used to convey storm water runoff shall be sodded or hydroseeded. I. Landscaping: All landscaping required in parkways or other public areas, including wetland mitigation and landscaping or trees which are required on private property pursuant to City- approved development plans. J. Sidewalks and Pedestrian Ways: Sidewalks or pedestrian ways, which are required in the public R.O.W. or easements. K. Signage: Street name signage and traffic control signals and signals. L. Sediment and Erosion Control Measures: Such measures shall be required when a sediment and erosion control plan is required by DuPage County Storm Water ordinance and includes soil stabilization and sediment trapping facilities. (Ord. 1369, 3-9-1995) | |
RE- SUBDIVISION: | The relocation of property boundaries, or the reallocation of property in a plat of record. The dissolution of property lines not accompanied by the relocation of new property lines shall require subdivision except as permitted elsewhere in this chapter for a single family home site. (Ord. 927,11-18-1987) |
RIGHT-OF-WAY: | A strip of land dedicated to the public and occupied or intended to be occupied by a street, sidewalk, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. The usage of the term "right-of-way" for land platting purposes in the City of Warrenville shall mean that every right-of-way hereafter established and shown on a Final Plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, sidewalks, crosswalks, water mains, sanitary sewers, storm drains, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the Plat on which such right-of-way is established. |
ROADWAY: | The paved area within a street right-of-way intended for vehicular traffic, including all curb and gutter facilities. |
SETBACK LINE: | That line that is the required minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal building, structure or use must be erected or placed. |
SIDEWALK: | That portion of the street or crosswalk way, paved or otherwise surfaced, intended for pedestrian use only. |
SITE: | A lot or parcel of land, or a contiguous combination thereof, where work is performed as a single unified operation. |
SITE DEVELOPMENT: | Altering terrain and/or vegetation and constructing driveways, utilities, roadways, etc. |
SOIL TESTING: | Determination and analysis of the subsoil conditions of a specific land area by use of soil borings and/or compaction, density tests, etc. |
SPOT SURVEY: | A plat of survey by a certified surveyor showing foundation location before a structure is built. |
STREET: | A right-of-way which affords a primary means of access by pedestrians and vehicles to abutting properties, whether designated as a street, avenue, highway, road, boulevard, lane, throughway, or however otherwise designated, but excepting driveways to buildings. |
STREET, COLLECTOR: | Streets penetrating neighborhoods which collect traffic from minor streets in the neighborhood and channel it into the arterial systems. A minor amount of through traffic may be carried on collector streets, but the system primarily provides land access service and carries local traffic movements within residential neighborhoods and commercial and industrial areas. |
STREET, CUL-DE-SAC: | A minor street of short length, having one end open to traffic and being permanently terminated at the other end by a vehicular turn-around. |
STREET, LOOP: | A minor street of short length with openings to traffic beginning from the same street, and projecting parallel to each other and connecting at their termination by a loop. |
STREET, MARGINAL ACCESS: | A minor street which is parallel and adjacent to arterial streets and which provides access to abutting properties and protection to local traffic from faster moving through traffic on the arterial street. |
STREET, MINOR: | Streets not classified in a higher system, providing direct access to abutting land and access to the higher systems. They offer the lowest level of mobility and have limited continuity to discourage through traffic. |
STREET, MINOR ARTERIAL: | Streets interconnecting with and augmenting the principal arterial system which provides service to trips of moderate length at a lower level of travel mobility. The system places more emphasis on land access and distributes travel to geographic areas smaller than those streets identified with the principal arterial system. It includes all arterials not classified as principal. |
STREET, PRINCIPAL ARTERIAL: | Streets and highways serving major metropolitan activity centers, the highest traffic volume corridors, the longest trip desires, and a high proportion of total urban area travel on a minimum of street mileage. Service to abutting land is subordinate to the provisions of travel service to major traffic movements. This system carries the major portion of trips entering and leaving the Warrenville urban area as well as the majority of through movements desiring to bypass the City. |
STREET, PUBLIC: | Any arterial, collector, or minor street which is shown on the subdivision plat and is or is to be dedicated to public use. |
STREET WIDTH: | The shortest distance between lines of lots delineating the public street. |
SUBDIVIDER: | The person or persons responsible for preparing and recording the plats of the subdivision and for carrying out all appropriate requirements relating thereto as outlined in this chapter. |
SUBDIVISION: | A described tract of land which is to be, or has been, divided into two (2) or more lots or parcels, any of which is less than five (5) acres, for the purpose, whether immediate or future, of transfer of ownership or building development, including all public streets, ways for public service facilities, parks, playgrounds, school grounds or other public grounds and all the tracts, parcels, lots or blocks, and numbering of all such lots, blocks or parcels by progressive numbers, giving their precise dimensions. The term subdivision includes resubdivision and, where it is appropriate to the context, relates to the process of subdividing or to the land subdivided, provided, however, that the following shall not be considered a subdivision: A. The division of land into parcels or tracts of five (5) acres or more in size which does not involve any new streets or easements of access; |
B. The sale or exchange of parcels of land between owners of adjoining and contiguous land; and further provided that the parcels resulting from said conveyance shall conform with all appropriate codes and ordinances of the City; C. The conveyance of parcels of land or interests therein for use as a right-of-way for railroads or other public utility facilities and other pipe lines which does not involve any new streets or easements of access; D. The conveyance of land owned by a railroad or other public utility which does not involve any new streets or easements of access; E. The conveyance of land for highway or other public purposes or grants or conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with a public use; and F. Conveyances made to correct descriptions in prior conveyances. (Ord. 2128, 4-7-2004) | |
THOROUGH- FARE: | A street with a high degree of continuity and serving as an arterial traffic-way between the various districts of Warrenville and its environs. |
VISION CLEARANCE TRIANGLE: | The triangular area located at the at-grade intersection of streets, railroads, driveways, or any combination thereof, formed by the centerlines of driving lanes on the streets and driveways or the center of the railroad tracks with the length of these two legs defined by the table and illustration provided in Section 10.B.7 of the Zoning Ordinance of the City, and by a straight line between the ends of these two legs. (Ord. 2144, 6-23-2004) |
WATER LEVEL, CONSTANT: | The minimum depth of water designed to be contained at all times within a retention basin. |
WATER LEVEL, OCCASIONAL: | The maximum depth of water designed to be contained within a retention or detention basin during periods of peak storm water flow. |
WATER SUPPLY: | A water supply in the City of Warrenville shall be defined as follows: City of Warrenville public supply or as regulated by DuPage County. |
WETLANDS: | (See Ordinance #1189, Chapter 8-5 Municipal Code for Wetland Definition.) |
ZONING ORDINANCE: | The Zoning Ordinance, as amended, of the City of Warrenville, Illinois. (Ord. 807, 11-4-1985) |
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