For the purpose of this chapter, certain terms or words used herein shall be interpreted as follows. All words used in the present tense include the future tense. All words used in the singular include plural, and all words used in the plural include the singular. The word "shall" is mandatory and not directory. The word "used" shall be deemed to include "designed, intended or arranged to be used".
ABANDONMENT: To cease or discontinue a use or activity without intent to resume. This definition excludes temporary or short term interruptions to a use or activity during periods of remodeling, maintaining or otherwise improving or rearranging a facility. Also, ceasing an activity during normal periods of vacation or seasonal closure shall not constitute "abandonment".
ABUTTING: Having a common border with, or being separated from such a common border by a right of way, alley or easement.
ACCESSORY USE: A use incidental to and on the same zoning lot as a principal use. An "accessory use" is subordinate in size, extent and/or purpose to the principal use and contributes to the comfort, convenience and/or necessity of the principal use being served.
AGRICULTURAL USE: The noncommercial and limited growing of vegetables in the open; mushroom growing, flower gardening, nurseries and orchards.
AGRICULTURE: Land, or land and structures, the principal use of which includes one of the following: the growing of farm crops, truck garden crops, animal, apiculture, aquaculture, floriculture, horticulture, nurseries, tree farms, sod farms, pasturage, viticulture, wholesale greenhouses; and accessory uses customarily incidental to agricultural activities.
ALLEY: Any public or private way dedicated to public travel. See table, "Urban Section Standards", in subsection 10-3-2D of this code for standard widths.
BASEMENT: That portion of a building which is partly or completely below grade.
BEDROOM: Includes any room used principally for sleeping purposes, an all purpose room, a study or a den.
BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy. To determine the number of buildings on a zoning lot, each building shall be considered a separate building when the buildings are not joined by a common wall, roof, ceiling and floor assemblies.
BUILDING, ACCESSORY: A building which is subordinate to and serves a principal building or use. An accessory building is subordinate in size, extent and/or purpose to the principal building or use and contributes to the comfort, convenience and/or necessity of the occupants of the principal building or use being served.
BUILDING LINE: See definition of Setback.
BUILDING, PRINCIPAL: A building in which is conducted the main or the principal use of the lot on which said building is situated.
CERTIFICATE OF USE AND OCCUPANCY: The certificate issued by the zoning official which permits the use of a building in accordance with the approved plans and specifications. It also certifies compliance with the provisions of this title for the use and occupancy of the building in its several parts, together with any special stipulations or conditions of the building permit.
CHANGE OF USE: An alteration by change of use in a building or a tract of land, heretofore existing, to a new use which imposes other provisions of this title or the building code 1 governing building construction, equipment or means of egress.
DEVELOPMENT, PLANNED: Land under unified control to be planned and developed in a single development operation or a programmed series of development operations or phases. A planned development includes principal and accessory structures and uses strongly related to the character and purposes of the planned development. A planned development is built according to general and detailed plans for streets, utilities, lot and building location, landscaping and the like. A planned development includes a program for the provision, operation and maintenance of common areas, facilities and improvements that are for the use of the occupants of the planned development district, but which will not be provided, operated or maintained at public expense.
DRIVEWAY: An open area of land, other than a street, sidewalk or other public way, permitting ingress from a public street or alley or other public right of way to public or private property, the principal use of which is for the standing, parking, loading or unloading of a motor vehicle.
DWELLING, MULTIPLE-FAMILY: One building consisting of three (3) or more dwelling units, each of which is attached to at least one other dwelling unit by a common wall extending from floor to ceiling and from exterior wall to exterior wall or by a horizontal structure floor assembly extending from exterior wall to exterior wall, except for a common stairwell exterior to the dwelling units.
DWELLING, SINGLE-FAMILY: A detached dwelling unit designed for and intended for use by one family or one household.
DWELLING, TWO-FAMILY: One building consisting of two (2) dwelling units attached by a common wall extending from the floor to the ceiling and from exterior wall to exterior wall or by a horizontal structure floor assembly extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
DWELLING UNIT: A room or group of rooms meeting minimum habitable room sizes as required by the village building code 2 which are arranged, designed, used or intended for use exclusively as living quarters for one family or one household, including sleeping, cooking, eating and sanitation facilities. This definition includes manufactured and modular homes but not mobile homes.
DWELLING UNIT, FARM: A single-family dwelling unit located on a farm which is used or intended to be used by the farm owner, operator, or person employed thereon. Only one farm dwelling shall be permitted on each farm.
EASEMENT: A grant of one or more of the property rights by the owner to or for the use by the public, a corporation or another person or entity for a specific purpose.
EFFECTIVE DATE HEREOF: November 1, 1996.
FAMILY: Two (2) or more persons related to each other by blood, marriage, adoption or other means of legal custody, plus not more than two (2) unrelated lodgers or guests, living together as a single housekeeping unit in a dwelling unit.
FARM: Real property used for commercial agriculture comprising at least forty (40) acres of which at least twenty five (25) acres have been utilized for agricultural pursuits for the last three (3) years, all of which is operated by a sole proprietorship, partnership, or corporation and including all necessary farm buildings, structures and machinery. Property used for commercial agriculture, but not meeting the minimum land area requirement herein, may be a "farm" if such tract of land produces a gross annual income, as averaged over the most recent three (3) year period, of fifteen percent (15%) of the average gross income for all farming as published in the yearly USDA report from activities described in the term "agriculture" of this section.
FENCE: A freestanding structure of metal, masonry, composition or wood, or any combination thereof, permanently installed by being partially buried in the ground and rising above ground level, and used for confinement, screening, or partition purposes, including the following:
A. Fence, Decorative: A fence having a regular pattern that has more than fifty percent (50%) of the surface open and unobstructed to vision, light and air, when viewed perpendicular to the plane of the fence and intended primarily for aesthetic purposes;
B. Fence, Natural: A living barrier that is made of natural growth, such as shrubs, hedges, evergreens and similar planted vegetation; and
C. Fence, Solid: A fence having a regular pattern that has less than fifty percent (50%) of the surface open and unobstructed to vision, light and air, when viewed perpendicular to the plane of the fence and intended primarily for privacy or security purposes.
GARAGE, PRIVATE: An accessory building for the private use of the owner or occupant of a principal building situated on the same lot as the principal building for the storage of vehicles with no facilities for mechanical service or repair of a commercial or public nature.
HEIGHT, BUILDING: The vertical distance from grade plane to the highest point of the building, excluding the following structural projections: chimneys, cooling towers, elevator head houses, monuments, stage towers or scenery lofts, tanks, water towers, ornamental towers or spires, church steeples or necessary mechanical appurtenances usually required to be placed above the roof level; except, that such structural projections shall not exceed the height regulations of the district in which the structure is situated by more than twenty percent (20%).
HOME OCCUPATION: An occupation, profession or other business activity that is clearly a customary, incidental and secondary use of a residential dwelling unit which does not alter the exterior of the building or lot or affect the residential character of the neighborhood. Such a use shall not employ more than one person outside the family residence in the dwelling.
LOT, CORNER: A lot abutting on and at the intersection of two (2) or more streets. For establishing building setbacks, a corner lot is considered to have two (2) or more front yards.
LOT DEPTH: The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line or to the most distant point on any other lot line where there is no rear lot line.
LOT, FLAG: A lot with access provided to the bulk of the lot by a narrow corridor of property.
LOT LINE: A line dividing one lot from another or from a street or any public place.
LOT LINE, FRONT: (See also definition of Yard, Front.) On an interior lot, the lot line abutting a street; or on a corner lot, the shorter lot line abutting a street; or on a through lot, the lot line abutting the street providing the primary access to the lot; or on a flag lot, the interior lot line most parallel to and nearest the street providing access.
LOT LINE, REAR: (See also definition of Yard, Rear.) The lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. A lot bounded by only three (3) lot lines will not have a rear lot line.
LOT LINE, SIDE: (See also definition of Yard, Side.) Any lot line not a front or rear lot line.
LOT OF RECORD: A lot which is part of a subdivision or parcel of land whose boundaries have been established by some legal instrument and is shown on a map or plat thereof and which has been legally approved by the village board and recorded in the office of the recorder of deeds of DeKalb County. A "lot of record" may or may not coincide with a zoning lot.
LOT, THROUGH: A lot having its front and rear yards each abutting on a street (also known as double frontage lot).
LOT WIDTH: The horizontal distance between side lot lines, measured at the front lot line.
LOT, ZONING: A single tract (or combination of tracts) of land located within a single block, which (by filing and recording an affidavit for the use of more than one lot at the time of application for a building permit) is designated by the owner or developer as a tract to be used, developed or built upon as a unit under single ownership or control. A zoning lot or lots may or may not coincide with a lot of record.
MANUFACTURED HOME: A dwelling unit designed for long term human habitation that is manufactured under the authority of 42 USC section 5401, the national manufactured home construction and safety standards act, where all parts and systems have been fabricated and assembled at a factory into at least two (2) finished, transportable components which are designed to be temporarily attached to a wheeled carriage for transportation to the building site and then joined for use on a permanent foundation. A "manufactured home" is at least twenty feet (20') in width at its narrowest point, is installed on a foundation system in compliance with the village building code 3 , is covered with exterior materials customarily used on conventional dwellings, has a roof with a pitch and materials customarily seen on conventional dwellings, is convertible to real property and is taxed as a site built dwelling as provided by law.
MOBILE HOME: A transportable factory built home designed to be used as a year-round residential dwelling with a permanent foundation, which is less than twenty feet (20') in width at its narrowest point, was built on a chassis with wheels on axles permanently attached to its body or frame, and does not have facade or roof design customarily seen on conventional dwellings.
MODULAR HOME: A factory built home certified as meeting the village building codes as applicable to modular housing 4 and subject to the same standards as site built homes.
NONCONFORMING LOT: A lot of record existing at the effective date hereof, or amendment hereto (and not created for evading the restrictions of this title), that does not meet the minimum area requirement of the district in which the lot is located.
NONCONFORMING SITUATION: A situation that occurs when, on the effective date hereof, or amendment hereto, any existing lot or structure or use of an existing lot or structure does not conform to one or more of the regulations applicable to the district in which the lot or structure is located. Among other possibilities, a "nonconforming situation" may arise because a lot does not meet minimum size requirements, because structures exceed maximum height limitations, because the relationship between existing buildings and the land (in such matters as density and setback requirements) is not in conformity with this title, or because land or buildings are used for purposes made unlawful by this title.
NONCONFORMING USE: A nonconforming situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located. (For example, a commercial office building in a residential district may be a nonconforming use.) The term also refers to the activity that constitutes the use made of the property. (For example, all the activity associated with operating a retail clothing store in a residentially zoned area constitutes a "nonconforming use").
NONCONFORMITY, DIMENSIONAL: A nonconforming situation that occurs when the height of a structure, or the relationship between an existing building or buildings and other buildings or lot lines, does not conform to the regulations applicable to the district in which the property is located.
OUTDOOR STORAGE: The keeping, in an unroofed area, of any goods, junk, material or merchandise in the same place for more than twenty four (24) hours.
OWNER: Any person, agent, firm or corporation having a legal or equitable interest in the property.
PARKING SPACE: Any impervious surfaced area, enclosed or unenclosed, with dimensions as set forth in subsection 9-12-4C2 of this title exclusive of access drives, aisles, ramps and office and work areas, together with a surfaced driveway connecting the parking space with a street or alley and permitting ingress and egress of an automobile; provided, however, that "parking spaces" shall not be located in required front or side yards in dwelling districts.
PARKWAY: That area beginning from the back of the curb or the edge of a gravel shoulder and extending to the front edge of the sidewalk.
PERSON: Includes a corporation, firm, partnership, association, organization and any other group acting as a unit as well as individuals. The term shall also include an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the word "person" is used in any provision of this title prescribing a penalty or fine as to partnerships or associations, the word shall include the partners or members thereof and as to corporations, shall include the officer, agents or members thereof who are responsible for any violation of such provision.
PRINCIPAL USE: The primary use to which the premises are devoted.
QUEUING SPACE: The space occupied by any number of cars that must be accommodated while awaiting ingress or egress to specified business or service establishments.
RECREATIONAL VEHICLE: Any vehicle or boat originally designed for living quarters, recreation, or human habitation and not used as a commercial vehicle, including, but not limited to, the following:
A. Boat: Any vessel used for water travel. A boat mounted on a trailer shall be considered one vehicle;
B. Camping Trailer: A folding or collapsible vehicle without its own motive power, designed as temporary living quarters for travel, camping, recreation or vacation use;
C. Motor Home: A temporary dwelling designed and constructed for travel, camping, recreational or vacation use as an integral part of a self- propelled vehicle;
D. Off Road Vehicles: Vehicles intended primarily for recreational use off of roads where state vehicle licenses are required, e.g., dune buggy, go-cart, snowmobile;
E. Racing Cars/Cycles: Vehicles intended to be used in racing competition, such as a racecar or racing cycle. A racing car/cycle mounted on a trailer shall be considered one vehicle;
F. Travel Trailer: A vehicle without its own motive power, designed to be used as a temporary dwelling for travel, camping, recreational or vacation uses;
G. Truck Camper: A structure designed primarily to be mounted on a pickup truck or truck chassis and designed to be used as a temporary dwelling for travel, camping, recreational or vacation uses. When mounted on a truck, such structure shall be considered one vehicle;
H. Vans: Noncommercial motor vehicles licensed by the state of Illinois as recreational vehicles; and
I. Vehicle Trailer: A vehicle without its own motive power that is designed to transport another vehicle, such as a boat, motorcycle or snowmobile, for recreational or vacation use and that is eligible to be licensed or registered and insured for highway use. A vehicle trailer with a vehicle mounted on it shall be considered one vehicle.
RIGHT OF WAY: A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees or other special use.
SETBACK, BUILDING LINE: The required minimum horizontal distance between the closest point of an exterior wall of a building or any projection thereon and the related front, side or rear lot line.
SIGHT DISTANCE TRIANGLE 5 : Except where otherwise stated, the requirements of the "sight distance triangle" shall be as follows: On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two and one-half feet (2.5') and eight feet (8') above the grade at the back of the curb of the intersecting streets, within the triangular area formed by the right of way lines and a line connecting them at points twenty five feet (25') from their point of intersection or at equivalent points on private streets; except, that the "sight distance triangle" may be increased by the zoning official when deemed necessary for traffic safety.
SPECIAL USE: A use that would not be appropriate generally or without restriction throughout the zoning district but, if controlled as to number, area, location or relation to the neighborhood, would not be detrimental to the public health, safety or general welfare.
STORY: That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.
STREET: Any public or private way dedicated to public travel thirty one feet (31') or more in width. The word "street" shall include the words "road", "highway" and "thoroughfare".
SUBDIVISION: The subdivision of a parcel of land into two (2) or more lots or parcels for the purpose of transfer of ownership or building development, or if a new street is involved, any division or parcel of land; provided, that a division of land for agricultural purposes into lots or parcels of five (5) acres or more and not involving a new street shall not be deemed a subdivision. The term includes resubdivision, and when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.
VARIANCE: A modification of the specific requirements of this title granted by the board of appeals or village board under the terms of this title for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zoning district. Such modifications do not include authorizing a use not among the uses specified by this title as permitted in the district in which such property is located.
YARD: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a "yard" for determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the building shall be used. Where a lot abuts a street, all yards abutting said street shall be measured from the street right of way.
YARD, FRONT: A yard extending across the full width of the lot and lying between the required front building setback line and the front property line of the lot.
YARD, REAR: A yard extending across the full width of the lot and lying between the rear lot line and the required rear building setback line.
YARD, SIDE: A yard lying between the side line of the lot and the nearest line of the required side building setback line and extending from the front yard to the rear yard.
ZONING OFFICIAL: A person appointed as specified in section 9-3-1, "Zoning Official", of this title. Unless specified otherwise by authority of section 9-3-1 of this title, the zoning official shall be the chairman of the zoning committee. (1999 Code § 5.03; amd. Ord. 2004-10, 6-8-2004; Ord. 2004-19, 8-10-2004; 2005 Code; Ord. 2015-02, 2-10-2015)
Notes
| 1 | 1. See title 8, chapter 1, article A of this code. |
| 2 | 1. See title 8, chapter 1, article A of this code. |
| 3 | 1. See title 8, chapter 1, article A of this code. |
| 4 | 2. See title 8, chapter 1, article A of this code. |
| 5 |