In the construction of this chapter, the rules and definitions
contained in this article shall be observed and applied, except when
the context clearly indicates otherwise.
A.Â
Words used in the present tense shall include the future; and words
used in the singular number shall include the plural number and the
plural the singular; where the context requires.
B.Â
The word "shall" is mandatory and not discretionary.
C.Â
The word "may" is permissive.
D.Â
The word "lot" shall include the words "piece," "parcel," and "tract";
and the phrase "used for" shall include the phrases "arranged for,"
"designed for," intended for," "maintained for" and "occupied for."
E.Â
All measured distances shall be to the nearest integral foot; if
a fraction is 1/2 foot or less, the integral foot below shall be taken.
F.Â
Any words not defined as follows shall be construed in their general
accepted meanings as defined in the most recent publication of Webster's
Dictionary.
[Amended 7-10-1973; 2-14-1978; 11-10-1992 by Ord. No. 92-11-187; 8-10-1993 by Ord. No.
93-08-14; 8-9-1994 by Ord. No. 94-08-201; 8-9-1994 by Ord. No. 94-08-202; 2-10-1998 by Ord. No.
98-02-230; 4-14-1998 by Ord. No. 98-04-231; 7-14-1998 by Ord. No. 98-07-233; 6-8-1999 by Ord. No.
99-02-238; 9-13-2000 by Ord. No. 00-04-249; 8-13-2003 by Res. No.
03-27-275; 6-15-2005 by Ord. No. 05-06-246]
As used in this chapter, the following terms shall have the
meanings indicated:
An action to give up one's rights or interests in property.
To have a common property line or district line.
One which:
An "accessory use" includes but is not limited to the following:
A children's playhouse, garden house and private greenhouse.
A garage, shed or building for domestic storage.
Storage of merchandise normally carried in stock on the same
lot with any retail service or business use, unless such storage is
excluded by the district regulations.
Storage of goods used in or produced by manufacturing activities
on the same lot with any retail service or business use, unless such
storage is excluded by the district regulations.
Incinerators incidental to residential use.
A nonpaying guesthouse or rooms for guests within an accessory
building, provided such facilities are used for the occasional housing
of guests of the occupant of the principal building and not for permanent
occupancy by others as housekeeping units.
Servant's quarters comprising part of an accessory garage and
solely for occupancy by a servant or household employee (and his or
her family) of the occupants of the principal dwelling.
Swimming pool, private, for use by the occupant and his guests.
Off-street motor vehicle parking areas, and loading and unloading
facilities.
[Amended 8-10-2011 by Res. No. 11-08-1821]
Signs (other than advertising signs) as permitted and regulated
in each district incorporated in this chapter.
Carports.
Public utilities: telephone, electric, gas, water and sewer
lines, their supports and incidental equipment.
Any tract or parcel of land which has not heretofore been
subdivided or platted.
To lie near or close to in the neighborhood or vicinity of.
Touching or contiguous, as distinguished from lying near.
A person 18 years and older.
The following types of establishments:
ADULT ARCADEAn establishment where, for any form of consideration, one or more motion-picture projectors, slide projectors, or similar machines for viewing by five or fewer persons each are used to show films, motion pictures, videocassettes, slides, or other photographic reproductions that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas as those terms are hereinafter defined.
ADULT BOOKSTOREAn establishment that has as a substantial portion of its stock-in-trade and offers for sale, for any form of consideration, any one or more of the following:
Books, magazines, periodicals, or other printed matter, or photographs,
films, motion pictures, videocassettes, slides, or other visual representations
that are characterized by an emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas; or
Instruments, devices, or paraphernalia that are designed for
use in connection with specified sexual activities.
ADULT CABARETA nightclub, bar, restaurant, or similar establishment that regularly features live performances that are characterized by the exposure or display of specified anatomical areas or by specified sexual activities, or films, motion pictures, videocassettes, slides, or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTION-PICTURE THEATERAn establishment where, for any form of consideration, patrons may view films, motion pictures, videocassettes, slides, or other photographic reproductions, the majority of which are characterized by an emphasis upon the description or description of specified sexual activities or specified anatomical areas.
ADULT THEATERA theater, concert hall, auditorium, or similar establishment characterized by activities featuring the exposure of specified anatomical areas or by specified sexual activities.
Land, or land and structures, the principal uses of which
are the growing of farm crops, truck garden crops, animal and poultry
husbandry, apiculture, aquaculture, dairying, floriculture, horticulture,
nurseries, tree farms, sod farms, pasturage, viticulture, and wholesale
greenhouses, and accessory uses customarily incidental to agricultural
activities, including, but not limited to, the farm dwelling, dwellings
for tenants and full-time and part-time hired farm workers and dwellings
or lodging rooms for seasonal workers.
An American company which operates an online marketplace
and hospitality service for people to lease or rent short-term lodging,
including holiday cottages, apartments, home stays, hotel beds, to
participate in or facilitate experiences related to tourism.
[Added 8-23-2018 by Ord.
No. 18-08-1911]
Any machine or device capable of transporting a person or
persons, including, but not limited to, airplanes, helicopters, gliders,
hang gliders, ultralights, autogiros, dirigibles, and hot-air balloons,
capable of atmospheric flight.
Any area of land or water which is used or intended for the
landing and take-off of aircraft, together with all structures located
thereon.
A right-of-way which affords a secondary means of vehicular
access to abutting properties.
A change in size, shape, occupancy or use of a structure.
A furnace or place for the cremation of domestic pets and/or wild animals, but not to include the remains of domesticated farm animals. Performance standards in § 400-59G(3) of this chapter shall be adhered to and any other local, state or federal regulations pertaining to the maintenance or operation of said crematory.
[Added 3-13-2002 by Ord. No. 02-14-262]
A structure or portion thereof designed or used for the care,
observation or treatment of domestic animals.
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.
A plant used for the manufacture of asphalt macadam and other
forms of coated road stone, sometimes collectively known as "blacktop"
or "asphalt concrete."
[Added 6-20-2019 by Ord.
No. 19-06-2060]
A room, hall or building made a part of a church, theater,
school, recreation building or other buildings assigned to the gathering
of people as an audience to hear lectures, plays or other presentations.
A structure where water and cleaning facilities are provided
for customers to wash their own vehicles; passenger cars and trucks
of not more than 1Â 1/2 tons' capacity are permitted.
An open area, other than a street, used for the display or
sale of new or used automobiles or trailers, and where no repair work
is done except for minor incidental repair of automobiles or trailers
to be displayed and sold on the premises.
A building, or portion thereof, where automobiles are washed
with the use of a mechanical conveyor and blower or steam-cleaning
device.
Engine rebuilding or major reconditioning of worn or damaged
motor vehicles or trailers; collision service, including body, frame
or fender straightening or repair and painting of vehicles.
Incidental repairs, replacement of parts and motor service
to automobiles, but not including any operation specified under "automobile
repair, major."
A place where gasoline, stored only in underground tanks,
kerosene, lubricating oil or grease for operation of automobiles is
offered for sale directly to the public, on the premises, and including
minor accessories and servicing of automobiles; but not including
major automobile repairs; and including washing of automobiles where
no chain conveyor, blower or steam cleaning service 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 service stations shall
not include sale or storage of automobiles or trailers (new or used).
An area of land where three or more motor vehicles, machinery
or equipment not in operable condition or parts thereof are stored
in the open.
A roof-like mechanism, retractable in operation, which projects
from the wall of a building.
A story partly or wholly underground. Where more than 1/2
of its height is above the established curb level or above the average
level of the adjoining ground where the curb level has not been established,
a basement shall be counted as a story for purposes of height measurement.
A separate room or space with a door, a closet and a window,
used or intended to be used specifically for sleeping purposes.
[Added 8-23-2018 by Ord.
No. 18-08-1911]
Any structure or portion thereof upon which are signs or
advertisements used as an outdoor display. This definition does not
include bulletin boards used to announce church services or to display
court or other public office notices or signs offering the sale or
lease of the premises on which the sign is located.
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 shorelines of waterways or corporate boundary lines of municipalities.
A residential building or portion thereof, other than a motel,
apartment hotel or hotel, containing lodging rooms for accommodation
of three or more persons who are not members of the keeper's family
and where lodging or meals or both are provided by prearrangement
and for definite periods.
A facility comprising a building or buildings used for the
manufacturing, blending, fermenting, processing and packaging of alcoholic
beverages and may include a tasting room, retail space and food service
as an accessory use on the site.
[Added 8-19-2021 by Ord.
No. 21-08-2239]
The space remaining on a zoning lot after the minimum open
space requirements of this chapter have been complied with.
Any covered structure built for the support, shelter or enclosure
of persons, animals, chattels or movable property of any kind, and
which is permanently affixed to the land.
See "accessory building or use."
The area on a zoning lot occupied by buildings and structures,
including accessory buildings.
A building surrounded by open space on the same zoning lot.
The vertical distance from grade to the highest point of
the coping of a flat roof or to the deck line of a mansard roof, or
to the mean height level between eaves and ridge for gable, hip or
gambrel roofs. Chimneys, towers, spires, elevator penthouses, cooling
towers and similar projections, other than signs, shall not be included
in calculating building height.
The Zoning Administrator of Stephenson County, Illinois,
or his duly authorized representative.
[Amended 8-10-2011 by Res. No. 11-08-1821]
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.
Any building which does not conform to the regulations of
this chapter, prescribing the maximum floor area ratio, required yards,
coverage, height and setbacks, minimum required spacing between buildings
on a single lot, and minimum required usable space for the district
in which such building is located.
A nonaccessory building in which is conducted the principal
use of the lot.
Any building not designed to be permanently located in the
place where it is or where it is intended to be placed or affixed.
The term used to indicate the size and setbacks of buildings
or structures and location of same with respect to one another and
including the following:
Size and height of buildings.
Location of exterior walls at all levels in relation to lot
lines, streets or other buildings.
Gross floor area of buildings in relation to lot area (floor
area ratio).
All open space allocated to the buildings.
Amount of lot area per dwelling unit.
Required parking areas.
Any lot or land area used for the storage or layover of passenger
buses or motor coaches.
A recreational (nonresidential) use consisting of detached
dwelling units used for temporary or seasonal occupancy.
A camp operated by a service club, an educational organization
or a religious organization.
[Added 8-19-2021 by Ord.
No. 21-08-2240]
A tract of land, the principal use of which is to provide
outdoor recreational facilities for three or more tents and/or recreational
vehicles for persons having a bona fide permanent place of abode.
[Added 8-19-2021 by Ord.
No. 21-08-2240]
A portion of the building partly underground, but having
more than 1/2 of its clear height below the average grade of the adjoining
ground and having no means of egress directly to the exterior of the
building. (See "basement.") A cellar shall not be used as a dwelling
unit.[1]
A building or portion thereof, the principal use of which
is for offices of physicians or dentists, or both, for the examination
and treatment of persons on an outpatient basis.
The lowest temperature at which a combustible liquid under
prescribed conditions will give off a flammable vapor which will propagate
a flame. The Tag closed cup tester shall be authoritative for liquids
having a flash point below 175° F. The Pensky-Martens tester shall
be authoritative for liquids having a flash point between 175°
F. and 300° F.
A nonprofit association of persons who are bona fide members
and whose facilities are restricted to members and their guests. Food
and alcoholic beverages may be served on its premises, provided they
are secondary and incidental to the principal use.
See "use, special."
A structure which:
In actual contact.
The County of Stephenson, Illinois.
The County Board of Stephenson County.[2]
The County Clerk of Stephenson County.
The County Superintendent of Highways or a professional engineer,
registered in the State of Illinois, who has been duly appointed as
the County Engineer of the County of Stephenson, or who has been hired
by the County as its consulting engineer.
An open, unoccupied space other than a yard on the same lot
with a building or group of buildings and which is bounded on three
or more sides by such building or buildings.
A furnace or place for the cremation of human corpses.
Any premises where three or more dairy animals are kept,
milked, and maintained; the term "dairy animal" meaning either cows
or goats.
A unit of measurement of the intensity or loudness of sound.
Sound level meters employed to measure the intensity of sound are
calibrated in decibels. A decibel is technically defined as 20 times
the logarithm to the base 10 of the ratio of the sound pressure in
microbars to a reference pressure of 0.0002 microbar.
Any man-made change to improved or unimproved real estate,
including but not limited to construction of or substantial improvements
to buildings or other structures; the placement of mobile homes, mining,
dredging, filling, paving, excavating or drilling operations.
The amplitude or intensity of an earthborne vibration measured
in inches. The displacement or amplitude is 1/2 the total earth movement.
A section or part of the unincorporated portion of the County
within which certain uniform regulations and requirements or various
combinations thereof apply under the provisions of this chapter.
An establishment or part thereof in which are provided facilities
where serving or consuming commodities or both are intended to occur
primarily in patrons' automobiles parked on the premises.
A building or portion thereof designed and/or manufactured
and used exclusively for residential purposes, including single-family,
two-family, or multiple-family dwellings, but not including mobile
homes built prior to June 15, 1976, or other trailers, or lodging
rooms in hotels, motels or lodging houses.
A dwelling joined to two other dwellings by party walls or
vertical cavity walls, and aboveground physically unifying horizontal
structural elements.
A dwelling which is surrounded on all sides by open space
on the same lot.
A dwelling unit located on a forty-acre tract of land, the
principal use of which is the pursuit of agriculture, as defined herein,
with the dwelling unit being clearly accessory and subordinate to
such agricultural use, subject to the limitation that such dwelling
unit is occupied by or intended for occupancy by the owner of such
tract or by a person or persons whose principal occupation is the
pursuit of agriculture on such land.
A building or portion thereof containing three or more dwelling
units.
A dwelling joined to one other dwelling by a party wall,
or vertical cavity wall and aboveground physically unifying horizontal
structural elements.
A dwelling containing one dwelling unit in a detached building
unless otherwise specified.
A dwelling containing two dwelling units only, one above
the other.
A building or portion of a building providing complete, independent
living facilities for one or more persons, including permanent provisions
for living, eating, cooking, sanitation, and a separate bedroom(s)
for sleeping.
[Amended 8-23-2018 by Ord. No. 18-08-1911]
A cyclic movement of the earth due to the propagation of
mechanical energy.
A public, parochial, elementary, junior high or high school,
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.
A dwelling unit consisting of one principal room, exclusive
of a bathroom, kitchen, hallway, closets or dining alcove directly
off the principal room.
A terminal at which electric energy is received from the
transmission system and is delivered to the distribution system only.
A terminal at which electric energy is received from the
transmission system and is delivered to other elements of the transmission
system and, generally, to the local distribution system.
The shade on the Ringelmann Chart that most closely corresponds
to the density of smoke other than black or gray.[3]
A structure or lot used in whole or in part as a place of
business, the ownership or management of which is separate and distinct
from the ownership or management of any other place of business located
on the same or other lot.
One person or two or more persons each related to the other
by blood, marriage or legal adoption, or a group of not more than
four persons not so related, together with his or their domestic servants,
maintaining a common household in a dwelling unit. A family may include,
in addition thereto, not more than two roomers, boarders, or permanent
guests, whether or not gratuitous.
Real property for commercial agriculture comprising at least
40 contiguous acres, of which at least 25 acres have been utilized
for agricultural pursuits for the last three years, all of which is
operated by a sole proprietorship, partnership, or corporation and
including all necessary farm buildings, structures and machinery.
An enclosure or barrier such as wooden post, wire, iron,
etc.; used as a boundary, means of protection, privacy screening or
confinement, but not including hedges, shrubs, trees or other natural
growth.
[Amended 11-14-2012 by Res. No. 12-11-1918]
A fence used in conjunction with an agricultural use as defined
by the Illinois Fencing Law.[4]
[Added 11-14-2012 by Res. No. 12-11-1918]
Shall consist of chain-link fence, split-rail fence, picket
fence or other similar fence (with at least fifty-percent open area),
as approved by the County.
[Amended 8-10-2011 by Res. No. 11-08-1821]
Reasonable assurance from a creditworthy party, examples
of which include a surety bond, trust instrument, cash escrow, or
irrevocable letter of credit.
The elevation of the highest flood level that has been or
may subsequently designated by the County Engineer.
That continuous area adjacent to a stream or stream bed or any
stormwater retention area and its tributaries the elevation of which
is equal to or lower than the flood crest elevation, including land
also having an elevation higher than flood crest elevation but less
than 10 acres in area and surrounded by land in a floodplain area
or an area of such elevation secured by landfill projecting into a
floodplain area.
Any point shall be deemed to be within the floodplain area if
it falls below the elevation of a high water mark, as the elevation
of the mark is projected in horizontal directions perpendicular to
the flow of the stream and thence to intersections at an equal elevation
with the land on either side of the stream. Any point between the
aforedescribed projections of any two high water marks shall be deemed
within the floodplain area if it is at an elevation equal to or lower
than similar projections of the interpolated flood crest elevation.
The interpolated flood crest elevation is the calculated elevation
of the flood crest at the center line of the stream between two known
flood crests of the nearest upstream and downstream high water marks
and the difference in elevation between the flood crest at this location
and at either of the high water mark projections is directly proportional
to the difference in stream center line distance between the two high
water mark projections.
For determining floor area ratio:
The sum of the gross horizontal areas of the several floors,
including also the basement floor of a building, measured from the
exterior faces of the exterior walls or from the center lines of walls
separating two buildings. The floor area shall also include the horizontal
areas on each floor devoted to:
The floor area of structures used for bulk storage of materials,
i.e., grain elevators and petroleum tanks, shall also be included
in the floor area and such floor area shall be determined on the basis
of the height of such structures, with one floor for each 10 feet
of structure height, and if such structure measures less than 10 feet
but not less than five feet over such floor height intervals, it shall
be construed to have an additional floor.
The horizontal area in each floor of a building devoted to off-street
parking and off-street loading facilities and the horizontal area
of a cellar floor shall not be included in the floor area.
For determining off-street parking and off-street loading requirements:
"Floor area," when prescribed as the basis of measurement for off-street
parking spaces and off-street loading spaces for any use, shall be
the sum of the gross horizontal area of the several floors of the
building, excluding areas used for accessory off-street parking facilities
and the horizontal areas of the basement and cellar floors that are
devoted exclusively to uses accessory to the operation of the entire
building. All horizontal dimensions shall be taken from the exterior
of the walls.
The numerical value obtained by dividing the floor area within
a building or buildings on a lot by the area of such lot. The floor
area ratio as designated for each district, when multiplied by the
lot area in square feet, shall determine the maximum permissible floor
area for the building or buildings on the lot.
A unit of illumination, equivalent to the illumination at
all points which are one foot distant from a uniform point source
of one candlepower.
The rate of combustion of a material which burns actively
and easily and supports combustion.
A building in which freight brought to said building by motor
truck is assembled and sorted for routing in intrastate and interstate
shipment by motor truck or railroad freight cars.
Signifies the number of oscillations per second in a sound
wave and is an index of the pitch of the resulting sound.
All the property fronting on one side of a street between
the nearest intersecting streets or between a street and a right-of-way,
waterway or other similar barrier.
Any building used or intended to be used for the storage
of three or more passenger motor buses or motor coaches used in public
transportation, including school buses.
An accessory building designed and used for the storage of
motor vehicles owned and used by the occupants of the building to
which it is accessory and in which no occupation or business for profit
is carried on. Not more than one of the motor vehicles may be a commercial
vehicle of not more than 1Â 1/2 ton capacity.
A building or portion thereof, other than a private or storage
garage, designed or used for equipping, servicing or repairing motor
vehicles. Hiring, selling or storing of motor vehicles may be included.
A building or portion thereof designed or used or land used
exclusively for storage of motor vehicles, and in which motor fuels
and oils are not sold and motor vehicles are not equipped, repaired,
hired or sold.
The established grade of the street or sidewalk. Where no
such grade has been established, the grade shall be the elevation
of the sidewalk at the property line. Where no sidewalks exist, the
grade shall be the average elevation of the street adjacent to the
property line; except in cases of unusual topographic conditions as
determined by the Building Inspector, the grade shall be the average
elevation of the finished surface of the ground adjoining the exterior
walls of a building or at the base of a structure.
The ratio between the total number of dwelling units on a
lot and total lot area in acres.
The lot area covered by a principal building, measured at
highest ground grade, adjacent to a building from the exterior faces
of the exterior walls, but excluding open porches or terraces and
garages or carports.
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. Such quarters shall have
no kitchen facilities nor be rented or otherwise used as a separate
dwelling.
A person who occupies or has the right to occupy a lodging
house, rooming house, boardinghouse, hotel, apartment hotel, or motel
accommodation as his domicile and place of permanent residence.
Space in a structure for living, sleeping, eating or cooking.
Bathrooms, closets, halls, storage or utility spaces, and similar
areas are not considered habitable spaces.
[Added 8-23-2018 by Ord.
No. 18-08-1911]
Industrial hemp is from the plant species Cannabis sativa
and has been used to produce a variety of industrial and consumer
products.
[Added 6-20-2019 by Ord.
No. 19-06-2060]
Any use or gainful occupation conducted indoors within a
dwelling or any conforming accessory building which is a part of that
dwelling, and where the operators of the home occupation shall make
the dwelling where the home occupation is conducted their legal and
primary place of residence, and where the home occupation use is clearly
incidental and secondary to the use of the dwelling for dwelling purposes
and does not change the character of the dwelling.[5]
An institution devoted primarily to the maintenance and operation
of facilities for the diagnosis, treatment or care, for not less than
24 hours in any week, of three or more unrelated individuals suffering
from illness, disease, injury, deformity, or other abnormal physical
conditions. The term "hospital" as used herein does not apply to institutions
operating solely for the treatment of insane persons, drug addicts,
liquor addicts, or other types of cases necessitating restraint of
patients, and the term "hospital" shall not be used for convalescent,
nursing, shelter or boarding homes.
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.
An establishment containing lodging accommodations designed
for use by transients or travelers or temporary guests. Facilities
provided may include maid service, laundering of linen used on the
premises, telephone and secretarial or desk service, meeting rooms,
restaurants, cocktail lounges and other ancillary uses customarily
incidental to such use. These terms include such terms as "motor court,"
"motor hotel," "tourist court" or "transient hotel."[6]
See "mobile home."[7]
A short-duration sound which is incapable of being accurately
measured on a sound level meter.
Discrete vibration pulsation occurring no more often than
one per second.
A material which will not ignite nor actively support combustion
during an exposure for five minutes to a temperature of 1,200°
F.
The rate of combustion described by a material that burns
with a high degree of activity and is consumed rapidly. Examples:
Sawdust, magnesium, (powder, flaked or strips), rocket fuels.
An international organization for standardization (ISO) standardized six-sided steel shipping container that is built and designed to transport freight across different modes of transportation including ship to rail to truck without having to load and unload such freight. These containers shall be constructed of corrugated steel and may have external dimensions not to exceed eight feet in width, nine and one-half feet in height and 40 feet in length. To be considered an intermodal shipping container (ISC) for accessory on-site storage, it shall have the convention for safe containers (CSC) safety approval placard affixed at the rear door of the container providing proof that the container has been built, tested, and inspected to ISO standards. These ISC may be utilized as accessory building in accordance with § 400-14 of the Zoning code book. This definition does not include portable moving/storage containers such as PODS® or similar moving/storage containers not designed for transport across all modes of transportation as previously listed.
[Added 5-18-2023 by Ord. No. 23-05-72]
An open area of land and any accessory building or structure
thereon which is used primarily for buying, selling, exchanging, storing,
baling, packing, disassembling, or handling waste or scrap materials,
including vehicles, machinery and equipment not in operable conditions
or parts thereof, and other metals, paper, rags, rubber tires, and
bottles. A junkyard includes an automobile wrecking yard, but does
not include an establishment located in the applicable manufacturing
district, engaged exclusively in processing of scrap iron or other
metals to be sold only to establishments engaged in manufacturing
of steel or metal alloys.
Any premises or portion thereof on which more than three
dogs, cats, or other household domestic animals 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 the purpose of sale.
See "research laboratory."
A place devoted to experimental study as testing and analyzing.
Manufacturing, assembly or packaging of products is not included within
this definition.
A business that provides coin-operated self-service type
washing, drying, dry cleaning and ironing facilities, provided that:
A structure or area in which 1,000 or more units of livestock
per acre are confined for a limited period of time prior to being
shipped to market. One unit shall be equivalent to one head of cattle,
two hogs, two sheep or 10 poultry.[8]
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 vehicles, tractors and trailers, to avoid undue
interference with public streets and alleys. Such space shall not
be less than 10 feet in width, 35 feet in length, and 14 feet in height,
exclusive of access aisles and maneuvering space.
A building originally designed for and used as a single-
or two-family dwelling, all or a portion of which contains lodging
rooms which accommodate persons who are not members of the keeper's
family. Lodging or meals or both are provided for compensation for
three or more but not more than 10 persons.
A room or suite of rooms rented as sleeping and living quarters,
but without cooking facilities and with or without an individual bathroom.
In a suite of rooms, each room which provides sleeping accommodations
shall be counted as one lodging room for the purpose of this chapter.
See "zoning lot."
The area of a horizontal plane bounded by the front, side
and rear lines of a lot.
A lot of which at least two adjacent sides abut for their
full length upon streets, provided that the interior angle at the
intersection of such two sides is less than 135°.
The part or percentage of the lot occupied by buildings or
structures, including accessory buildings or structures.
The mean horizontal distance between the front lot line and
the rear lot line of a lot measured within the lot boundaries.
A lot that is not a corner lot.
The boundary of a lot abutting a street. On a corner lot,
either lot line may be construed to be the front lot line.
A lot line which does not abut a street.
An interior lot line which is most distant from and is almost
parallel to the front lot line and, in the case of an irregular or
triangular shaped lot, a line 10 feet in length within the lot which
is parallel to and at maximum distance from the front lot line.
The property lines bounding a lot.
Any boundary of a lot which is not a front lot line or a
rear lot line.
Any contiguous land under ownership as of May 1, 1971, and
any date thereafter, which is designated as a lot or lots on a plat
within a subdivision and is recorded or registered, pursuant to statute,
with the Recorder of Stephenson County, Illinois.
A corner lot, the street side lot lines of which are substantially
a continuation of the front lot line of the first lot to its rear.
A lot having a pair of opposite lot lines along two more
or less parallel streets, and which is not a corner lot. Both street
lines shall be deemed front lot lines.
The minimum horizontal distance between the side lot lines
of a lot measured at the narrowest width within the buildable area.
The routine upkeep of a structure or equipment, including
the replacement or modification of structural components or equipment
in order to keep them unimpaired and in operable condition.
The making of anything by any agency or process.
A dwelling designed and built in a factory which is built
on a permanent chassis after June 15, 1976, and bears a seal certifying
that it was built in compliance with the National Mobile Home Construction
and Safety Standards Act of 1974.
An establishment, the principal use of which is manufacturing,
fabricating, processing, assembly, repairing, storing, cleaning, servicing,
or testing of materials, goods or products.
A rooflike structure of a permanent nature which projects
from the wall of a building.
An establishment where, for any form of consideration, massage,
alcohol rubs, fomentation, electric or magnetic treatment, or similar
treatment or manipulation of the human body is administered, unless
such treatment or manipulation is administered by a medical practitioner,
chiropractor, acupuncturist, physical therapist, or similar professional
person licensed by the state. This definition does not include an
athletic club, health club, school, gymnasium, reducing salon, spa,
or similar establishment where massage or similar manipulation or
the human body is offered as an incidental or accessory service.
A unit of length, equal to 1/1,000 part of one millimeter
(0.001 millimeter).
A dwelling unit designed and built in a factory prior to
June 15, 1976 which is built on a permanent chassis and is designed
to be used as a dwelling unit with or without a permanent foundation
and which has 320 or more square feet of living area.
A lot, parcel or tract of land developed with facilities
for accommodating two or more mobile homes, provided each mobile home
contains a kitchen, flush toilet, shower or bath; and such park shall
be for use only by nontransient dwellers remaining continuously for
more than one month, whether or not a charge is made. It shall not
include a sales lot in which automobiles or unoccupied mobile homes
or other trailers are parked for the purpose of inspection or sale,
except mobile homes located on a site in the mobile home park which
are occupied or vacant for not more than 90 days after occupancy may
be sold or offered for sale.
Implies a rate of combustion described by a material which
supports combustion and is consumed slowly as it burns. Examples:
wood, timber and lots.
A dwelling designed and built in a factory and designed for
erection only on a site-built permanent foundation and not designed
for subsequent moves and which bears a seal certifying that it was
built in compliance with the State of Illinois Manufactured Housing
and Mobile Home Safety Act (430 ILCS 115/1 et seq.).[9]
See "hotel."
See "freight terminal."
Dirt bikes, all-terrain vehicles, mud trucks and racecars
used for recreation on private property in the unincorporated areas
of Stephenson County.
[Added 4-21-2022 by Ord.
No. 22-04-24]
A passenger vehicle, truck, truck-trailer, trailer, or semi-trailer
propelled or drawn by mechanical power.
A sign indicating the name and address of a building or the
name, address and telephone number of the manager; or a sign indicating
the name, address and/or the practice of a permitted home occupation
therein.
A strip of land within and along a rear lot line of a through
lot adjoining a street which is designated on a recorded subdivision
plat or property deed as land over which motor vehicular travel shall
not be permitted.
A structure lawfully established which:
A structure and the use thereof or the use of land that does
not conform with the regulations of this chapter or any amendment
thereto governing use in the district in which it is located but conformed
with all of the codes, ordinances, and other legal requirements applicable
at the time such structure was erected, enlarged or altered, and the
use thereof or the use of land was established.
A material which is capable of causing injury to living organisms
by chemical reaction, or is capable of causing detrimental effects
to the physical or economic well being of individuals.
An establishment for the part-time care of five or more children
of pre-elementary school age in addition to the members of the family
residing therein.
A home for aged, chronically ill, care of children, infirm
or incurable persons, or a place of rest for those persons suffering
bodily disorders in which three or more persons, not members of the
family residing on the premises, are received and provided with food,
shelter and care, but not including hospitals, clinics or similar
institutions devoted primarily to the diagnosis and treatment of disease
or injury, maternity cases or mental illness.
The purpose for which a dwelling unit or portion thereof
is utilized or occupied.
[Added 8-23-2018 by Ord.
No. 18-08-1911]
Any individual living or sleeping in a dwelling unit, or
having possession of a space within a dwelling unit.
[Added 8-23-2018 by Ord.
No. 18-08-1911]
A prescribed interval of sound frequencies which classifies
sound according to its pitch.
An electronic frequency analyzer designed according to standards
of the American National Standards Institute and used in conjunction
with a sound level meter to take measurements of sound pressure level
in specific octave bands.
A material that produces an olfactory response among human
beings.
The lowest concentration of odorous matter in the air that
will produce an olfactory response in a human being.
[Amended 8-10-2011 by Res. No. 11-08-1821]
Land which is improved and used or a structure which is designed
and used exclusively for the storage of passenger motor vehicles,
either for accessory off-street parking spaces or commercial off-street
parking spaces when permitted herein by district regulations.
Land used or occupied for the purpose of buying, selling
or renting merchandise stored or displayed out-of-doors prior to sale.
Such merchandise includes automobiles, trucks, motor scooters, motorcycles,
boats, or similar commodities.
Any person who owns or has charge, care or control of a dwelling
unit which is offered for rent.
[Added 8-23-2018 by Ord.
No. 18-08-1911]
Any individual, firm or corporation having a possessory interest
entitled to exclusive possession in land or several such owners acting
jointly.
An area, enclosed in a building or unenclosed, reserved for
the parking of one motor vehicle and which is accessible to and from
a street or alley.
Material other than water which is suspended in or discharged
into the atmosphere in a finely divided form as a liquid or solid
at outdoor ambient conditions.
A common wall which extends from its footing below grade
to the underside of the roof and divides buildings.
A criteria established to control smoke and particulate matter,
noise, odorous matter, toxic matter, vibration, fire and explosion
hazards, glare and radiation hazards generated by or inherent in uses
of land or buildings.
A compact and contiguous land area, any segment of which
is not less than four acres in area, that is designated on the Comprehensive
Plan for educational, religious, recreational, or institutional purposes,
or such land which is not so designated but which is recommended for
such designation by the Planning Commission and approved by the County
Board at or before the time of approval of a subdivision or planned
development.
[Amended 8-10-2011 by Res. No. 11-08-1821]
A tract of land which is planned as a whole for development
under single ownership or control and which, by virtue of such unified
planning and development, provides greater amenities, convenience
or other benefits than would normally be had through the development
of diverse smaller tracts under multiple ownership. In the case of
a residential planned development, adequate provision shall be made
for basic community facilities such as schools, parks, playgrounds,
and churches, among others. The minimum area for a planned development
shall be:
The Stephenson County Planning Commission.[10]
For each property, the structure that one or more persons
occupy the majority of time on that property for either business or
personal reasons. "Primary structure" includes structures such as
residences, commercial buildings, hospitals, and day-care facilities.
"Primary structure" excludes structures such as hunting sheds, storage
sheds, pool houses, unattached garages and barns.
A qualified individual who is licensed as a professional
engineer in a state in the United States.
Any publicly owned open area, including but not limited to
the following: parks, playgrounds, forest preserves, waterways, parkways
and streets.[11]
The deleterious and harmful effects of all ionizing radiation,
which shall include all radiation capable of producing ions in their
passage through matter. Such radiation shall include, but are not
limited to, electromagnetic radiation such as X-rays, and gamma rays
and particulate radiations such as electrons or beta particles, protons,
neutrons and alpha particles.
A strip of land containing railroad tracks and auxiliary
facilities for track operations, but not including freight depots
or stations, loading platforms, train sheds, warehouses, car or locomotive
shops or car yards.
Any of the following vehicles which are licensed for travel
on the highway: travel trailer (a vehicular, portable structure built
on a chassis, designed to be used as a temporary dwelling for travel,
recreation or vacation, or one permanently identified as a travel
trailer by the manufacturer of the trailer); pick-up coach (a structure
designed to be mounted on a truck chassis for use as a temporary dwelling
for travel, recreation and vacation); motor home (a portable, temporary
dwelling to be used for travel, recreation and vacation, constructed
as an integral part of a self-propelled vehicle); and camping trailer
(a canvas, material or metal folding structure, mounted on wheels,
and designed for travel, recreation and vacation use).
[Added 8-19-2021 by Ord.
No. 21-08-2240]
Land used or intended to be used for occupancy by recreational
vehicles for transient living purposes, including the use of camping
spaces for tents.
[Added 8-19-2021 by Ord.
No. 21-08-2240]
All waste products resulting from human habitation, except
sewage.
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.
Those off-street parking spaces allocated for temporary standing
of automobiles awaiting entrance to a particular establishment.
Maintenance (room and board) and oversight by a licensed
agency (general watchfulness and appropriate services to meet the
needs of the residents, including, but not limited to, social, recreational
and employment opportunities).
[Added 8-12-2013 by Ord.
No. 13-08-2007]
Any living quarters wherein unrelated individuals are provided
residential care by a licensed agency. A residential day-care home
does not include a nursing home, hospital, adult day-care center or
living quarters which serve persons as an alternative to incarceration
for a criminal offense.
[Added 8-12-2013 by Ord.
No. 13-08-2007]
A residential-care home for five or more persons, plus supervisory
or oversight personnel from a licensed agency, living together as
a single housekeeping unit for the primary purpose of providing shelter.
[Added 8-12-2013 by Ord.
No. 13-08-2007]
A residential-care home for four persons or fewer, plus supervisory
or oversight personnel from a licensed agency, living together as
a single housekeeping unit for the primary purpose of providing shelter
in a family-like atmosphere as part of the residential community.
[Added 8-12-2013 by Ord.
No. 13-08-2007]
The chart described in the U.S. Bureau of Mines Information
Circular 6888, on which are illustrated graduated shades of gray for
use in estimating the light-obscuring capacity of smoke-smoke density.
The number of the area of the Ringelmann Chart that coincides
most nearly with the visual density or equivalent capacity of the
emission or smoke observed.
Street or highway.
That portion of a street which is used or intended to be
used for the travel of motor vehicles.
The minimum horizontal distance between a street line and
the nearest wall of a building or side of a structure facing such
street line or edge of the area of operation of a principal use when
no building or structure is involved.
When 40% or more of the lots fronting on one side of a street
within a block are improved, the existing setbacks of such improved
lots shall be the established setback for determining the depth of
the required front yards for the remainder of the lots along such
street frontage, as regulated in this chapter.
Any dwelling or condominium, or portions thereof, in which
the owner does not reside, that is available for use or is used for
accommodations or lodging of guests, paying a fee or other compensation
for a period of less than 30 consecutive days.
[Added 8-23-2018 by Ord. No. 18-08-1911]
The triangle area of a corner lot bounded by the right-of-way
and a line connecting the two points on the property lines 45 feet
from the intersection of the right-of-way.
[Added 2-9-2011 by Ord. No. 11-02-1788]
The visible discharge from a chimney, stack, vent, exhaust,
or combustion process which is made up of particulate matter.
The number obtained when the smoke density in the Ringelmann
Number is multiplied by the time of emission in minutes. For the purpose
of this calculation:
A Ringelmann density reading shall be made at least once a minute
during the period of observation;
Each reading shall then be multiplied by the time in minutes
during which it is observed; and
The various products shall then be added together to give the
total number of smoke units observed during the entire observation
period.
A device, structure or part of a device or structure in which
a substantial purpose is used to transform solar energy into thermal,
mechanical, chemical or electrical energy.
[Added 3-9-2017 by Ord.
No. 17-03-1514]
A structure containing one or more receptive cells or collector
devices, the purpose of which is to use solar radiation to create
usable electrical energy.
[Added 3-9-2017 by Ord.
No. 17-03-1514]
A utility-scale commercial facility that engages in the production
of electric energy from solar technologies, photovoltaic technologies,
or other solar-based technology which has a minimum nameplate capacity
of 2.0 megawatts of electric power. The minimum total land area for
a solar power generating plant shall be 15 acres. The minimum direct
land area for a solar power generating plant shall be 10 acres. Request
for less than 10 acres of direct land solar project will be determined
by the Building and Zoning Officer or his or her designee at the time
of the special use application.
[Added 3-9-2017 by Ord.
No. 17-03-1514; amended 8-23-2018 by Ord. No.
18-08-1910]
The intensity of sound of an operation or use as measured
in decibels.
An instrument for the measurement of sound pressure levels
constructed in accordance with the standards of the American National
Standards Institute and calibrated in decibels.
The intensity of sound or noise in decibels.
Includes any of the following:
Includes any of the following:
A structure which is located on a lot on which a dwelling
is located, and which is designed, arranged, used or intended to be
used for housing horses for the private use of occupants of the dwelling,
but in no event for hire.
A building where horses are kept for remuneration, hire or
sale.
The number of cars that must be accommodated in a reservoir
space while awaiting ingress or egress to specified business or service
establishments.
A structure for the display and sale of only farm products
which are produced on the premises.
That portion of a building, other than a cellar, included
between the surface of any floor and the surface of the floor next
above it or, if there be no floor above it, the space between the
floor and the ceiling next above it. The floor of a story may have
split levels, provided that there is not more than four feet difference
in elevation between the different levels of the floor. A basement
shall be counted as a story, except when used for storage, a garage
for the use of occupants of a building or other facilities common
for the rest of the building. A mezzanine shall be counted as a story
if the vertical distance to the floor next below it or if the vertical
distance from the floor next below it to the floor next above it is
24 feet or more.
[Amended 8-10-2011 by Res. No. 11-08-1821]
A partial story under a gable, hip or gambrel roof, the wall
plates of which on at least two opposite exterior walls are not more
than three feet above the floor of such story, except that any partial
story used for residence purposes, other than for a janitor or caretaker
or his family, or by a family occupying the floor immediately below
it, shall be deemed a full story.
A public or private right-of-way or easement which is designated
as a permanent right-of-way or easement for common use as the primary
means of vehicular access to properties abutting on it.
All of the property fronting on one side of a street between
two intersecting streets, or in the case of a dead-end street, all
of the property along one side of the street between an intersecting
street and the end of such dead-end street.
The street right-of-way line abutting a property line of
a lot.
Any change in the supporting members of a building such as
bearing walls, columns, beams or girders, or any substantial change
in the roof or in the exterior walls, except such repair or replacement
as may be required for the safety of the building.
Anything constructed or erected, the use of which requires
more or less permanent location on the ground or attached to something
having a permanent location on the ground, including, but without
limiting the generality of the foregoing, buildings, advertising signs,
backstops for tennis courts and pergolas.
A building or part thereof where liquors are sold to be consumed
on the premises, but not including restaurants where the principal
business is serving food.
A person who is not the legal owner of record and who is
occupying a dwelling unit pursuant to a written or unwritten rental
lease, agreement or license.
[Added 8-23-2018 by Ord.
No. 18-08-1911]
Commercial AM/FM radio, television and microwave transmission
tower and accessory equipment and buildings.
[Added 10-15-2008 by Ord. No. 08-10-1597]
A tower which has equipment attached to it which is designed
to assess wind and other atmospheric data and accessory equipment
and buildings.
[Added 10-15-2008 by Ord. No. 08-10-1597]
A tower used to hold facilities of a telecommunications carrier
such as those of a cellular telephone provider and accessory equipment
and buildings.
[Added 10-15-2008 by Ord. No. 08-10-1597]
A parcel or tract of land containing facilities for projecting
motion pictures on an outdoor movie screen which are viewed from the
patron's automobile parked on the premises.
Instruments which measure simultaneously earthborne vibrations
in horizontal and vertical planes.
A building which contains a single dwelling unit and in which
meals or lodging or both are provided or offered to transient guests
for compensation; does not include a hotel, apartment hotel or motel.
A parcel or tract of land containing facilities for locating
three or more travel trailers, mobile homes, camping tents, or other
similar temporary sleeping facilities for use only by transients (tourists)
remaining fewer than three months, whether or not a charge is made.
With temporary storage of not more than 30 vehicles for no
more than 90 days.
[Added 12-15-2021 by Ord.
No. 21-12-2326]
Those materials which are capable of causing injury to living
organisms by chemical means.
Any vehicle or portable structure constructed so as to permit
occupancy thereof for lodging or dwelling purposes or for the use
as an accessory structure in the conduct of a business, trade, or
occupation, and which may be used as a conveyance on streets and highways,
by its own or other motive power.
A trailer designed and constructed for temporary dwelling
purposes which does not contain certain built-in sanitary facilities;
for the purpose of this chapter, camping or sports trailers are not
dwellings.
Any premises occupied or designed to accommodate one or more
families living in a house trailer or mobile home.
A trailer designed and constructed for dwelling purposes
which may contain cooking, sanitary and electrical facilities.
Permanently reserved open space which is provided as required
by this chapter for the use of residents of dwellings.
The purpose or activity for which the land or the building
thereon is designed, arranged or intended, or for which it is occupied
or maintained, and shall include any manner of performance of such
activity with respect to the performance standards of this chapter.
See "accessory building or use."[13]
[Amended 8-10-2011 by Res. No. 11-08-1821]
The use of any structure or land that conforms with all of
the regulations of this chapter or any amendment hereto and which
conforms with all of the codes, ordinances, and other legal requirements
existing at the time of the enactment of this chapter or any amendment
thereto, for the structure or land that is being examined.
Any use which is or may be lawfully established in a particular
district or districts, provided it conforms with all requirements,
regulations and, when applicable, performance standards of this chapter
for the district in which such use is located.
The dominant use of land or structures as distinguished from
a subordinate or accessory use.
A use as designated in the Illinois Statutes that has unusual
operational, physical, or other characteristics that may be different
from those of the predominant permitted uses in a district, but which
is a use that complements and is otherwise or can be made compatible
with the intended overall development within a district. Compliance
with special standards not necessarily applicable to other permitted
uses or special uses in the district shall be required for a special
use, as regulated in this chapter.
A machine for dispensing merchandise or services designed
to be operated by the customer.
The periodic displacement, measured in inches, of the earth
at designated frequency, cycles per second.
A wind energy conversion system consisting of a single wind
turbine, single tower, and associated control or conversion electronics
that generates power for an individual property for the purpose of
reducing on-site consumption of utility power.
[Added 10-15-2008 by Ord. No. 08-10-1597]
All necessary devices that together convert wind energy into
electricity, including the rotor, nacelle, generator, WPGF tower,
electrical components, WPGF foundation, transformer, and electrical
cabling from the WPGF tower to the substation(s).
The entity or person which or who submits to the County,
pursuant to § 300-22B of this chapter, an application for
the sighting of any WPGF substation.
The entity responsible for the day-to-day operation and maintenance
of the WPGF, including any third-party subcontractors.
The entity or entities with an equity interest in the WPGF(s),
including their respective successors and assigns. "Owner" does not
mean the property owner from whom land is leased for locating the
WPGF (unless the property owner has an equity interest in the WPGF);
or any person holding a security interest in the WPGF(s) solely to
secure an extension of credit, or a person foreclosing on such security
interest, provided that after foreclosure, such person seeks to sell
the WPGF(s) at the earliest practicable date.
The collection of WPGFs and substations as specified in the siting approval application pursuant to § 400-22B(3).
The apparatus that connects the electrical collection system
of the WPGF(s) and increases the voltage for connection with the utility's
transmission lines.
The support structure to which the nacelle and rotor are
attached.
The distance from the rotor blade at its highest point to
the top surface of the WPGF foundation.
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 this chapter,
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.
A yard which is bounded by the side lot lines, front lot
lines, and the front yard line.
A side yard which adjoins another lot or an alley separating
such side yard from another lot.
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 applicable yard.
A structure or other obstruction shall not encroach into the area
between the yard line and such adjacent lot line, except for such
permitted obstructions in yards as are set forth in this chapter.
A yard which is bounded by side lot lines, rear lot lines
and the rear lot line.
A yard which is bounded by the rear yard line, front yard
line, side yard line and side lot line.
A yard which is bounded by the front lot line, side yard
adjoining a street line and rear lot line.
The required rear yard or side yard between a business or
manufacturing district and a residential district.
The person charged with the responsibility of administering
and enforcing the Stephenson County Zoning Ordinance.
The Board of Zoning Appeals of Stephenson County, Illinois.
The districts into which the unincorporated area of Stephenson
County have been divided for zoning regulations and requirements as
set forth on the Zoning District Map.
A parcel 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. Therefore, a zoning lot may or may not coincide
with a lot of record.
The map or maps incorporated into this chapter as part thereof,
designating zoning districts.
[3]
Editor's Note: The definition of "fallout shelter," which
immediately followed this definition, was deleted 8-10-2011 by Res.
No. 11-08-1821.
[4]
Editor's Note: See 765 ILCS 130 et seq.
[10]
Editor's Note: The definitions of "pre-1960 octave bands"
and "preferred frequencies," which immediately followed this definition,
were repealed 8-10-2011 by Res. No. 11-08-1821.
[11]
Editor's Note: The definition of "pyrophoric dust," which
immediately followed this definition, was deleted 8-10-2011 by Res.
No. 11-08-1821.
[12]
Editor's Note: The definitions of "sign, advertising (billboard)," "sign, business," "sign, church bulletin board," "sign, flashing," "sign, gross surface area of," "sign, ground," "sign, identification," "sign, projecting," "sign, roof" and "sign, wall," which immediately followed this definition, were repealed 2-9-2011 by Ord. No. 11-02-1788. See now Art. XIII, Sign Regulations.
[13]
Editor's Note: The definition of "used car lot," which immediately
followed this definition, was deleted 8-10-2011 by Res. No. 11-08-1821.