3-1-1: TERMS DEFINED:
For the purpose of this title, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural, and the plural, the singular; the word "building" shall include the word "structure"; the word "lot" shall include the word "plot", and the word "shall" is mandatory and not directory.
ACCESSORY BUILDING: A subordinate building or a portion of the main building, the use of which is incidental to that of the dominant use of the main building or premises.
AGRICULTURAL ACTIVITY: Agricultural activity, including forests and forest products, harvest and management, dairy farming, livestock grazing and pasturage, truck gardening, the raising of crops, fruit and nursery stock, fish farms, animal kennels and furbearing animal farms, and the harvesting, processing, packaging, packing, shipping, and selling of products produced on the premises, and incidental farm occupations and uses such as machinery, farm equipment and domestic repair and construction, excluding commercial feed lots.
ALLEY: A public thoroughfare which affords only a secondary means of access to abutting property.
APARTMENT HOUSE: See definition of Dwelling, Multiple-Family.
AUTOMOBILE WRECKING YARD: The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot or parcel of land of two (2) or more motor vehicles, which, for a period exceeding thirty (30) days, have not been capable of operating under their own power and from which parts have been or are to be removed for reuse or sale, shall constitute prima facie evidence of an automobile wrecking yard.
BASEMENT: A story having part but not more than one-half (1/2) its height below grade. A basement is counted as a story for the purpose of height regulations, if subdivided and used for business or dwelling purposes by other than a janitor employed on the premises.
BOARDING HOUSE: A building other than a hotel, where for compensation and by prearrangement for definite periods, meals or lodging and meals, are provided for three (3) or more persons, but not exceeding twenty (20) persons.
BUILDING: Any structure for the shelter, support or enclosure of persons, animals, chattels or property, of any kind; and when separated by dividing walls without openings, each portion of such building, so separated, shall be deemed a separate building.
BUILDING, HEIGHT OF: The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.
CELLAR: A story having more than one-half (1/2) its height below grade.
COMMERCIAL FEEDLOT: An area of land devoted to raising and feeding of livestock where the operation is not a part of a normal agricultural activity.
DISTRICT: Any section of the municipality for which the regulations governing the use of buildings and premises or the height and area of buildings are uniform.
DWELLING: Any building, or portion thereof, which is designed or used exclusively for residential purposes. It shall not include facilities for the housing of transient residents nor to include mobile homes.
DWELLING, MULTIPLE-FAMILY: A building or portion thereof designed for occupancy by three (3) or more families.
DWELLING, SINGLE-FAMILY: A building designed for occupancy by one family, but excluding trailers and mobile homes whether wheels are removed or not removed or whether permanently fixed to the ground or not permanently fixed to the ground.
DWELLING, TWO-FAMILY: A building designed for occupancy by two (2) families.
FAMILY: One or more persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit; provided that a group of five (5) or more persons who are not within the second degree of kinship shall not be deemed to constitute a family.
Notwithstanding the definition in the preceding paragraph, a family shall be deemed to include five (5) or more persons not within the second degree of kinship occupying a dwelling unit and living as a single, nonprofit housekeeping unit, if said occupants are handicapped persons as defined in title VIII of the civil rights act of 1968, as amended by the fair housing amendments act of 1988. Such unrelated individuals shall have the right to occupy a dwelling unit in the same manner and to the same extent as any family unit as defined in the first paragraph of this definition.
FILLING STATION: Any building or premises used principally for the storing, dispensing, sale or offering for sale at retail of automobile fuels or oils.
FRONTAGE: Property on one side of a street measured along the line of the street.
GARAGE, PRIVATE: An accessory building designed or used for the storage of not more than four (4) motor driven vehicles owned and used by the occupants of the building to which it is accessory.
GARAGE, PUBLIC: A building or portion thereof, other than a private or storage garage, designed or used for servicing, repairing, equipping, hiring, selling or storing motor driven vehicles.
GARAGE, STORAGE: A building or portion thereof designed or used exclusively for housing four (4) or more motor driven vehicles.
GRADE: A. For buildings having walls adjoining one street, only the elevation of the sidewalk at the center of the wall adjoining the street.
B. For buildings having walls adjoining more than one street, the average of the elevation of the sidewalk at the centers of all walls adjoining the streets.
C. For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.
Any wall approximately parallel to and not more than five feet (5') from a street line is to be considered as adjoining the street.
HOME OCCUPATION: Any occupation or profession carried on by a member of a family, residing on the premises, in connection with which there is used no sign other than one nonilluminated nameplate attached to the building entrance which is not more than one square foot in area; provided that no commodity is sold upon the premises; provided that no person is employed other than a member of the immediate family residing on the premises; provided that no mechanical equipment is installed or used except such that is normally used for domestic or household purposes.
HOTEL/MOTEL: A building used as the abiding place of more than ten (10) persons who are lodged with or without meals for compensation.
HOUSING FOR THE ELDERLY/SENIOR APARTMENTS: A building or group of buildings containing dwellings where the occupancy of the dwellings is restricted to persons fifty five (55) years of age or older or couples where either the husband or wife is fifty five (55) years of age or older. This does not include a development that contains convalescent or nursing facilities.
INSTITUTION: A building occupied by a nonprofit corporation or a nonprofit establishment for public use.
JUNKYARD: A parcel of land on which material or inoperative vehicles and other machinery are collected, stored, salvaged, or sold.
LANDFILL: A disposal site employing an engineering method of disposing of solid wastes in a manner that minimizes environmental hazards by spreading, compacting to the smallest volume, and applying cover material over all exposed waste at the end of the day.
LOADING SPACE: A space on the lot accessible to an alley or a street not less than ten feet (10') in height.
LODGING HOUSE: A building where lodging only is provided for compensation to three (3) or more, but not exceeding ten (10), persons, in contradistinction to hotels open to transients.
LOT: A parcel of land occupied or intended for occupancy by one main building together with its accessory buildings, and uses customarily incidental to it, including the open spaces required by this title and having its principal frontage upon a street or upon an officially approved place.
LOT, CORNER: A lot adjoining two (2) or more streets at their intersection.
LOT, DEPTH OF: The mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE: A lot having a frontage on two (2) nonintersecting streets, as distinguished from a corner lot.
LOT, INTERIOR: A lot other than a corner lot.
LOT LINES: The lines bounding a lot.
LOT OF RECORD: A lot which is a part of a subdivision, the map of which has been recorded in the office of the recorder of deeds of Marshall County, Illinois, or a lot described by metes and bounds, the description of which has been recorded in the office of the recorder of deeds of Marshall County, Illinois.
MANUFACTURED/MODULAR HOME/HOUSING: A dwelling considered as a sectional unit, designed at a factory meeting the same criteria as a conventionally built "house, placed on a permanent perimeter/foundation with support on the outside wall of foundation".
MINISTORAGES/SELF-STORAGE FACILITY: A building or buildings consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods or contractor's supplies.
MOBILE HOME: See definition of Trailer And Mobile Homes.
MUNICIPALITY OF WENONA: See definition of Wenona, Municipality Of.
NONCONFORMING USE: The use of any premises contrary to the use provisions of this title for the district in which the premises are located.
NURSING HOME OR REST HOME: A home for the elderly, chronically ill or incurable persons in which three (3) or more persons, not of the immediate family, are received, kept or provided with food, shelter, and care for compensation. This definition does not include hospitals, clinics, or similar institutions devoted primarily to the diagnosis, treatment or care of the sick or injured.
PARKING LOT: A parcel of land devoted to unenclosed parking spaces.
PARKING SPACE: An impervious surfaced area, enclosed or unenclosed, sufficient in size to store one automobile, together with a surfaced driveway connecting the parking space with a street or alley and permitting ingress and egress of an automobile.
PLACE: An open, unoccupied space other than a street or alley permanently reserved as the principal means of access to adjoining property.
RECYCLING FACILITY: A facility that is not a junkyard and in which recoverable resources, such as newspapers, magazines, books, and other paper products; glass, metal cans, and other products are recycled, reprocessed, and treated to return such products to a condition in which they may again be used for production.
SATELLITE DISH ANTENNA: A round, parabolic antenna intended to receive signals from orbiting satellites and other sources. "Noncommercial dish antennas" are defined as being less than four meters (4 m) in diameter, while commercial dish antennas are usually those larger than four meters (4 m) and typically used by broadcasting stations.
STABLE, PRIVATE: A stable with a capacity for not more than three (3) horses or mules.
STABLE, PUBLIC: A stable, other than a private stable with a capacity for more than four (4) horses or mules.
STORY: That portion of a building, other than a basement, 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.
STORY, HALF: A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet (3') above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished off for use. A half story containing independent apartment or living quarters shall be counted as a full story.
STREET: All property dedicated or intended for public or private street purposes or subject to public easements thereof.
STREET LINE: A dividing line between a lot, tract or parcel of land and a contiguous street.
STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof.
STRUCTURE: Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground.
TRAILER AND MOBILE HOMES: A vehicle equipped for use as a dwelling and designed to be hauled along a highway. Placing the trailer on a permanent foundation shall not change its being a mobile home for the purpose of this title. Mobile home and trailer shall be synonymous.
TRAILER OR MOBILE PARK: An area containing one or more trailers or mobile homes designed or intended to be used as a living facility of one or more families.
WENONA, MUNICIPALITY OF: For all purposes of this title, the territory described herein as the city of Wenona shall be construed as meaning all land lying within the corporate limits of the city and also all contiguous territory not more than one and one-half (11/2) miles beyond the corporate limits and not included in any other municipality, as shown on the Wenona zoning district map.
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 herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
YARD, FRONT: A yard extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the street line and the main building or any projection thereof, other than steps, unenclosed balconies and unenclosed porches.
YARD, REAR: A yard extending across the rear of a lot measured between lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On corner lots the rear yard shall in all cases be at the opposite end of the lot from the front yard.
YARD, SIDE: A yard between the building and the side line of the lot and extending from the front lot line to the rear lot line. (Ord. 070102B, 7-1-2002)