(A)
For the purpose of this Code and in order to carry
out its provisions and intentions, certain words, terms, and phrases
shall be deemed to have the meaning ascribed to them in this article,
except where specifically defined herein.
(B)
Words used in the present tense shall include the
future; and words in the singular number include the plural, and those
in the plural number include the singular. The words "used" as applied
to any land or structure shall be construed to include "arranged,"
"designated," "maintained," "occupied," and "intended."
(C)
The word "shall" is mandatory and not discretionary.
(D)
The word "may" is permissive.
(E)
The word "lot" shall include the words "piece", "parcel",
and "tract".
(F)
Any words not defined as follows shall be construed
in their generally accepted meaning as defined in the most recent
publication of Webster's Dictionary.
(G)
The following words, terms, and phrases are hereby
defined and shall be interpreted as such throughout this Code.
[Ord. No.
5-31-94B]
A building subordinate to the principle building, the use
of which is incidental to or customarily found in connection with,
and (except as otherwise provided in this Code) is located on the
same premises, and contributes to the comfort, convenience or necessity
of the occupants of the principal building or mobile home or contributes
to the operation of the principal use of the lot.
An adult-use cannabis cultivation center, craft grower, processing
organization, infuser organization, dispensing organization or transporting
organization.
[Added 7-26-2021 by Ord.
No. 21-2]
A facility operated by an organization or business that is
licensed by the Illinois Department of Agriculture to cultivate, dry,
cure and package cannabis and perform other necessary activities to
make cannabis available for sale at a dispensing organization or use
at a processing organization, per the Cannabis Regulation and Tax
Act (P.A. 101-0027),[1] as it may be amended from time to time, and regulations
promulgated thereunder.
[Added 7-26-2021 by Ord.
No. 21-2]
A facility operated by an organization or business that is
licensed by the Illinois Department of Agriculture to cultivate, process,
transport and perform necessary activities to provide cannabis and
cannabis-infused products to licensed cannabis business establishments,
per the Cannabis Regulation and Tax Act (P.A. 101-0027),[2] as it may be amended from time to time, and regulations
promulgated thereunder.
[Added 7-26-2021 by Ord.
No. 21-2]
A facility operated by an organization or business that is
licensed by the Illinois Department of Financial and Professional
Regulation to acquire cannabis from licensed cannabis business establishments
for the purpose of selling or dispensing cannabis, cannabis-infused
products, cannabis seeds, paraphernalia or related supplies to purchasers
or to qualified registered medical cannabis patients and caregivers,
per the Cannabis Regulation and Tax Act (PA. 101-0027),[3] as it may be amended from time to time, and regulations
promulgated thereunder.
[Added 7-26-2021 by Ord.
No. 21-2]
A facility operated by an organization or business that is
licensed by the Illinois Department of Agriculture to directly incorporate
cannabis or cannabis concentrate into a product formulation to produce
a cannabis-infused product, per the Cannabis Regulation and Tax Act
(P.A. 101-0027),[4] as it may be amended from time to time, and regulations
promulgated thereunder.
[Added 7-26-2021 by Ord.
No. 21-2]
A facility operated by an organization or business that is
licensed by the Illinois Department of Agriculture to either extract
constituent chemicals or compounds to produce cannabis concentrate
or incorporate cannabis or cannabis concentrate into a product formulation
to produce a cannabis product, per the Cannabis Regulation and Tax
Act (P.A. 101-0027),[5] as it may be amended from time to time, and regulations
promulgated thereunder.
[Added 7-26-2021 by Ord.
No. 21-2]
An organization or business that is licensed by the Illinois
Department of Agriculture to transport cannabis on behalf of a cannabis
business establishment or a community college licensed under the Community
College Cannabis Vocational Training Pilot Program, per the Cannabis
Regulation and Tax Act (P.A. 101-0027),[6] as it may be amended from time to time, and regulations
promulgated thereunder.
[Added 7-26-2021 by Ord.
No. 21-2]
Land, or land, buildings, and structures, the principal use
or uses of which is growing of farm or truck garden crops, dairying,
pasturage, horticulture, floriculture, viticulture, or animal or poultry
husbandry, and accessory uses customarily incidental to agricultural
activities, including, but not limited to farm dwellings, dwelling
for tenants and full-time hired workers and the dwellings or lodging
rooms for seasonal workers.
Any public right-of-way, with a width of not less than 16
feet nor more than 24 feet, which affords a secondary means of vehicular
access to abutting properties. A street shall not be considered an
alley.
A dwelling containing more than one dwelling unit having
entrance to a common hallway or balcony.
A building designed for or containing both apartments and
individual guest rooms or suites of rooms and apartments, including
services ordinarily furnished by hotels, such as drugstore, barber
shop, cigar and newsstand when such uses are located entirely within
the building with no entrance from the street, and having no sign
or display visible from the outside of the building indicating the
existence of such use.
A building or portion thereof containing facilities for washing
more than two automobiles using production-line methods with a chain
conveyor, blower, steam-cleaning device, or other mechanical devices.
Any premises used for supplying gasoline and oil, tires,
accessories and services for automobiles at retail direct to the motorist
consumer, including the making of minor repairs and such major repairs
as:
Any premises used for supplying gasoline and oil, tires,
accessories and services for automobiles at retail direct to the motorist
consumer, including the making of minor repairs but not including
such major repairs as:
An area of land where three or more motor vehicles, not in
running condition, or parts thereof are stored in the open and any
land, building, or structure used for wrecking or storing of such
motor vehicles or parts thereof.
The average level of the finished surface of the ground adjacent
to the exterior walls of a building or structure.
A portion of a building wholly or partly below the average
ground elevation.
The Village Board of Harristown.
A building other than a motel, apartment hotel, or hotel
where, for compensation and by arrangement, lodging or lodging and
meals are provided for three or more persons.
That portion of a lot bounded by the required rear and side
yards and the building setback line.
Any structure designed or built for the support, enclosure,
shelter, or protection of persons, animals, chattels or property of
any kind.
The percent of a lot (or in the case of planned developments,
a net site area) which is covered by the building or buildings (principal
and accessory).
The vertical distance from the foundation 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 saddle,
gable, hip, gambrel and similar roof types.
A line on a lot, parallel to a lot line or street right-of-way
line at a sufficient distance to provide the required yards, delimiting
the area in which structures are permitted subject to the provisions
of this Code.
A building line establishing the minimum allowable distance
between a street right-of-way line and any structure.
A dwelling unit designed for temporary or seasonal occupancy.
Any land, including structures, used for assembly or temporary
occupancy by persons and providing outdoor recreational facilities.
A facility-private, semiprivate or public-providing group
care for children, primarily during the day while parents are at work.
The center may provide meals for the children, but not lodging rooms.
An establishment where patients, who are not lodged overnight
are admitted for examination and treatment by a group of physicians
or allied practitioners practicing together.
A building or portion thereof or premises owned or operated
by a corporation, association, person or persons for a social, educational
or recreational purpose, but not primarily for profit or to render
a service which is customarily carried on as a business.
Plan Commission of the Village of Harristown.
One which accommodates the patrons' automobiles, from which
the occupants may watch, purchase, or otherwise conduct business from
automobiles.
A building, exclusive of mobile homes, apartment hotels,
hotels, or motels, as herein defined, containing as the principal
use one or more dwelling units.
A dwelling designed for or occupied exclusively by three
or more families.
A dwelling designed for or occupied exclusively by one family.
A dwelling designed for or occupied by two families each
with completely separate entrances.
A room or group of rooms, providing living quarters for not
more than one family.
A building or group of buildings provided and supported by
charitable donations and devoted to charitable uses.
Any individual, or two or more persons related by blood,
marriage, or legal adoption or a group of not more than five persons
(excluding servants) who need not be related by blood or marriage,
living together as a single housekeeping unit and occupying a single
dwelling unit.
The sum of gross floor area, measured from the exterior limits
or faces of a building or structure, for each of the several floors
under roof. Floors below foundation grade are not included, and the
floor area of a principal structure shall not include attached accessory
structures.
The total floor area of the building or buildings (principal
and accessory) on a lot divided by the area of the lot, or in the
case of planned developments, by the net site area.
All property on one side of a street or highway between two
intersecting streets or highways (crossing or terminating) or between
lot lines measured along the line of the street or highway, or if
the street or highway is dead ended, then all of the property abutting
on one side between an intersecting street or highway and the dead
end of the street or highway.
An accessory building designed or used for the storage of
privately owned motor-driven vehicles owned and used by the occupants
of the dwelling to which it is accessory, and not storing more than
one truck, or vehicle used for commercial purposes, and not storing
any truck or vehicle which:
[Ord. No.
8-27-90B]
Has a gross weight including the vehicle and
maximum load of more than 8,000 pounds (as defined in the Illinois
Compiled Statutes) or
Is larger/heavier than a vehicle required by
state statute to carry a Class B license or registration, and not
storing heavy equipment, including but not limited to the following:
back hoes, end loaders, bulldozers, road graders, cranes, fork lifts,
etc.
A building or portion thereof, which is designed or used
for equipping, servicing, repairing, hiring, selling or storing motor-driven
vehicles.
An occupation carried on in a residential dwelling by the
resident thereof, not involving the conduct of a retail business or
manufacturing business, the employment of any additional persons in
the performance of such services excepting members of the immediate
family residing on the premises; nor using any mechanical equipment
other than is usual for purely domestic or hobby purposes; nor exterior
storage of equipment or materials used in connection with the home
occupation. Home occupations, further, shall not utilize more than
25% of the total floor area of the dwelling unit.
A building in which lodging or boarding and lodging are provided
and offered to the public for compensation and in which ingress and
egress to and from all rooms is made through an inside lobby or office
supervised by a person in charge at all hours. As such, it is open
to the public in contradistinction to a boardinghouse, a lodging house,
or an apartment which are herein separately defined.
A special or exclusive type of planned industrial area designed
and equipped to accommodate a community of industries, providing them
with all necessary facilities and services in attractive surroundings
among compatible neighbors.
A building occupied by a nonprofit corporation or a nonprofit
establishment for public use.
Any land or structure used for salvaging operation, including
among other things, the storage and sale of wastepaper, rags, scrap
metal, and discarded materials, and the collecting, dismantling, storage
and salvaging of unlicensed, inoperative vehicles.
Any premises, or portion thereof on which more than three
dogs, cats or other household domestic animals, over age four months
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.
A space within the principal building or on the same lot,
providing for the standing, loading or unloading of trucks, and with
access to a public way.
A building or structure having rooms which are generally
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.
A single parcel of land which may be legally described as
such, having principal frontage on a street, which comprises a site
occupied by, or intended for occupancy by one principal building or
principal use together with accessory buildings and uses, yards and
open spaces required by this Code.
A lot abutting on two streets at their juncture, when the
interior angle formed is less than 135A.
A lot having a frontage on two nonintersecting streets as
distinguished from a corner lot.
A lot which is part of a subdivision, the plat of which has
been recorded, in the office of the Recorder of Deeds of Macon County;
or a parcel of land, the deed of which was recorded in the office
of the Recorder of Deeds of Macon County prior to the enactment of
this Code. A recorded lot may or may not coincide with a zoning lot.
The width of the lot at the building setback line.
A parcel of land composed of one or more recorded lots, occupied
or to be occupied by a principal building or buildings or principal
use or uses along with permitted accessory buildings or uses meeting
all the requirement for area, buildable area, frontage, width, yards,
setbacks, and any other requirements set forth in this Code.
A dwelling unit fabricated in an off-site manufacturing facility
for installation or assembly at the building site, bearing a seal
certifying that it is built in compliance with the federal Manufactured
Housing Construction and Safety Standards Code.
Title VI of the 1974 Housing and Community Development Act
(42 U.S.C. 5401 et sequential), as amended (previously known as the
"Federal Mobile Home Construction and Safety Act"), rules and regulations
adopted thereunder (including information supplied by the home manufacturer,
which has been stamped and approved by a Design Approval Primary Inspection
Agency, an agent of the United States Department of Housing and Urban
Development pursuant to HUD rules), all of which became effective
for mobile/manufactured home construction on June 15, 1976.
A boat basin and recreational facility, located on waterfront
property, providing moorings for boats, and one or more of the following
facilities: boat launching ramps, boat livery, boat sales, maintenance
shops, marine supply store, and fuel dock.
The Mayor of the Village of Harristown.
[Amended 10-24-2011 by Ord. No. 11-09]
A detached single-family dwelling unit with all of the following
characteristics:
Designed for long-term occupancy, and containing
sleeping accommodations, a flush toilet, a tub or shower bath, and
kitchen facilities, with plumbing and electrical connections provided
for attachment to outside systems.
Designed to be transported after fabrication
on its own wheels, or on flatbed or other trailers or detachable wheels.
Arriving at the site where it is to be occupied
as a dwelling complete, including major appliances and furniture,
and ready for occupancy except for minor and incidental unpacking
and assembly operations, location on foundation supports and connection
to utilities.
One tract or two or more contiguous tracts of land upon which
five or more mobile homes (each having self-contained toilet and bath
or shower facilities) are located for permanent habitation either
free of charge or for revenue purposes, and any structure, vehicles
or enclosures used or intended for use as a part of the equipment
of such mobile home park.
A building or group of buildings used primarily for the temporary
residence of motorists or travelers.
Any structure or portion thereof which does not conform with
the regulations of the zoning district in which it is situated in
terms of the placement on the lot, the setback from lot lines, height,
building bulk, or any similar requirement.
The use of land or a building, or portion thereof, which
use does not conform with the use regulations of the district in which
it is situated.
A school-private, semiprivate, or public-providing organized
instruction and care for children prior to their enrollment as required
by law in a school which has a course of study which meets applicable
state and national standards for an accredited elementary school.
(A "nursery school" may provide meals but not lodging rooms for students.)
A surfaced area of at least 200 square feet located on the
same lot as the building or use it is intended to serve and of such
shape as to be suitable for parking or storage of a motor vehicle.
The minimum area is exclusive of driveways which give convenient access
between the parking space and a street serving the lot.
A tract of land containing five acres or more developed under unified ownership or control, and where certain requirements of a given district may be modified in accordance with specific standards and procedures of Article V of this Code.
A tract of land with any buildings thereon; or a building
or part of a building usually with its grounds or other appurtenances.
When more than one business occupies a single building on the ground
floor, each business area shall be considered a separate premises.
Business or other public enterprises which occupy other floors shall
be considered separate premises.
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 without meals is provided by prearrangement and
for definite periods.
A method of disposing of refuse by daily spreading and covering
such refuse with earth or the site at which such operation takes place.
The minimum horizontal distance measured between a building
foundation or structure and the right-of-way line or center line of
a street, alley, stream, or railroad right-of-way; such measurements
will be the minimum distances measured perpendicular to such center
lines or right-of-way lines.
The maximum area of a lot generally covered by the shadow
of a building or structure on the 21st day of September.
A private boarding home, institution, building, residence,
or other place, which through its ownership or management, provides
sheltered care to three or more persons who are not related to the
operator or owner by blood or marriage.
A group of more than six commercial establishments planned,
developed, and managed as a unit, located on a zoning lot of at least
five acres, with off-street parking provided on the property.
Any structure, device, light, or natural object including
the ground itself, or any part thereof, or any device attached thereto,
or painted or represented thereon, which shall be used to identify,
advertise, or attract attention to any object, product, place, activity,
person, institution, organization, firm, group, commodity, profession,
enterprise, industry, or business, or which shall display or include
any letter, word, model, number, banner, flag, pennant, insignia,
device or representation used as an announcement, direction, or advertisement,
and which is intended to be seen from off the premises or from a parking
lot. The word "sign" shall include signs which are affixed to the
inside of windows and glass doors and are intended to be seen from
roadways or parking lots. No other indoor sign shall be deemed a sign
within this Code.
An "off-premises sign" is a sign which directs attention
to a business, commodity, service or entertainment not related to
the premises where such sign is located or to which it is affixed.
An "on-premises sign" is a sign which directs attention to
a business, commodity, service or entertainment sold or offered upon
the premises where such sign is located or to which it is affixed.
That portion of a building, other than a cellar or basement
(except one used for business or residence), 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.
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 four 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 thoroughfare which affords the principal
means of vehicular access to abutting property.
A street which carries traffic from a major street to a local
street.
A street primarily designed for interurban or interregional
travel.
A dividing line between a lot, tract or parcel of land and
a contiguous street.
A street primarily designed for access to abutting properties
and for access to collector streets.
A street designed to carry traffic from one part of the Village
to another part of the Village through neighborhood areas, including
streets designed to carry heavy business or industrial traffic.
Any change other than normal maintenance which would tend
to prolong the life of a supporting member of a structure such as
a bearing wall, column, beam, girder, or any substantial change in
the roof or exterior walls.
Anything constructed or erected, the use of which requires
more or less permanent location on the ground or attachment to something
having a permanent location on the ground, including, but without
limiting the generality of the foregoing, advertising signs, billboards,
backstops for tennis courts, and arbors and car ports.
A "tavern" is a place where alcoholic beverages are sold
for consumption on the premises.
A "tourist home" is a building designed for or used as a
single-family or two-family dwelling in which sleeping rooms are provided
or offered to transient guests for compensation.
Any structure used for temporary living, sleeping, business
or storage purposes, having no foundation other than wheels, blocks,
skids, jacks, horses, or skirtings and which is, has been, or reasonably
can be, equipped with wheels or other devices for transporting the
structure from place to place, whether by motive power or other means.
The term "trailer" shall include camp car and house car.
Any lot or parcel used for one or more auto trailers, tents,
house or camp cars or other portable or mobile shelters used for temporary
living, sleeping, business or storage purposes.
The purpose or activity for which the land, or any structure
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 Code.
A use subordinate to the principal use and located on the
premises serving a purpose customarily incidental to the principal
use. Residential accessory uses may include storage of household goods,
parking areas, gardening, servants' quarters, private swimming pools,
and private emergency shelters.
A use which may be lawfully established in a particular district
or districts, provided it conforms with all requirements, regulations,
and performance standards of such district.
The main use of land or buildings as distinguished from a
subordinate or accessory use. It may be either a permitted or a special
use.
A use, either public or private, which, because of its unique
characteristics, cannot be properly classified as a permitted use
in any particular district or districts.
An open space on the same lot with a building, unobstructed
from the ground upward.
A yard extending across the front of a lot, between the side
lot lines, and between the street line and the front face or faces
of the main building. On corner lots, the front yard shall be considered
to be parallel to the street upon which the lot has the smaller dimension.
A yard extending across the rear of a lot, between the side
lot lines, and between the rear lot line and rear face or faces of
the main building.
For purposes of determining the building line, a yard stretching
between side lot lines (for required front and rear yards) or between
required front and rear yards (for required side yards) and extending
out from a lot line (front, rear or side) the distance specified for
the particular district.
A yard extending between the front and rear yard lines, and
between the side lot line and the side face or faces of the main building.
An area of the Village of Harristown delimited on the Zoning
Map and subject to a specific set of regulations established in this
Code.[7]
