[Amended 1979 by Ord. No. 522; 1979 by Ord. No. 533; 1983 by Ord. No. 582]
Unless otherwise expressly stated, the words defined in this
chapter shall, for the purpose of this chapter, have the meanings
indicated in this section. Any pertinent word or term not a part of
this section but vital to the interpretation of this chapter shall
be construed to have its usual legal definition.
Egress and/or ingress.
A building on the same lot with the main or principal structure,
or the main or principal use, either detached from or attached to
the main or principal structure, and which is subordinate to and used
for purposes customarily incidental to the main or principal structure,
or the main or principal use.
A structure on the same lot with the main or principal structure,
or the main or principal use, either detached from or attached to
the main or principal structure, and which is subordinate to and used
for purposes customarily incidental to the main or principal structure
or the main or principal use. An accessory structure includes dish
antennas.
A use on the same lot, incidental and subordinate to the
main or principal use or the main or principal structure.
The growing, harvesting and storing of crops, including legumes,
hay, grain, fruit and truck or vegetable crops, floriculture, horticulture,
mushroom growing, nurseries, orchards, forestry and greenhouses; the
keeping, raising and feeding of livestock or poultry, including dairying,
poultry, swine, sheep, beef cattle, pony and horse production, fur
farms and fish and wildlife farms; farm buildings used for growing,
harvesting and preparing crop products for market, or for use on the
farm; roadside stands, farm buildings for storing and protecting farm
machinery and equipment from the elements, for housing livestock or
poultry and for preparing livestock or poultry products for market;
and farm dwellings occupied by farm owners, operators, tenants or
seasonal or year-round hired farm workers. It is intended by this
definition to include within the definition of agriculture all types
of agricultural operations, but to exclude therefrom industrial operations,
such as a grain elevator, canning or slaughterhouse, wherein agricultural
products produced primarily by others are stored or processed.
A permanent service right-of-way which affords only a secondary
means of access to property abutting such right-of-way and is not
intended for general traffic circulation.
See "alteration."
Any change in the bearing wall, columns, beams, girders or
supporting members of a structure, any change or rearrangement in
the floor area of a building, any enlargement of a structure, whether
by extending horizontally or by increasing in height, and/or any movement
of a structure from one location or position to another.
An establishment for the treatment and/or boarding of small
animals, such as dogs, cats, rabbits and birds, by a veterinarian.
The total area taken on a horizontal plane at the largest
floor level of the main or principal building and all accessory buildings
on the same lot, exclusive of uncovered porches, terraces, steps or
awnings, marquees and nonpermanent canopies and planters.
The sum of the gross horizontal areas of the several stories
of a building, excluding cellar and basement floor areas not devoted
to residential use, but including the area of walled-in and roofed
porches and terraces. All dimensions shall be measured between exterior
faces of walls.
The sum of the horizontal areas of all rooms in a building
used for habitation, such as living room, dining room, kitchen, bedroom,
bathroom or closet, but not including hallways, stairways, service
rooms or utility rooms, nor unheated rooms such as enclosed porches,
nor rooms without at least one window or skylight opening onto a yard
or court, measured between the interior faces of walls.
The total area within the lot lines.
A self-propelled, free-moving motor vehicle for the conveyance
of persons on a street and having a seating capacity for not more
than 10 persons.
A retractable roof-like structure which, when opened or extended,
projects from the wall of a building or structure and overhangs the
public way or adjacent yard or court.
A story having part but not more than 1/2 its height below
grade.
A stall of dimensions specified in this chapter, adjacent
to a loading dock, for the maneuvering and parking of a vehicle for
loading and unloading purposes.
Property abutting on one side of a street and lying between
the two nearest intersecting or intercepting streets, or between the
nearest intersecting or intercepting street and railroad right-of-way,
waterway, unsubdivided area or other definite boundary.
The Zoning Board of Appeals of the City.
A dwelling containing at least three dwelling units or lodging
units, in whatever combination. Meals are provided within such boardinghouse
to the residents of the lodging units.
An area, property, lot or tract of land or portion thereof,
either vacant or landscaped, with screen planting, as specified in
the definition of "screen planting" below, which shall serve as a
separating space between dissimilar land uses or districts.
An enclosed structure having a roof supported by columns,
walls, arches or other devices and used for the housing, shelter or
enclosure of persons, animals and chattel.
The building in which is conducted the main or principal
use of the lot on which it is located.
A nonretractable roof-like structure, of either a permanent
or nonpermanent nature, which projects from the wall of a structure,
is supported above the surface of the ground by poles, posts, columns,
beams, girders or other similar framework attached to the ground,
and overhangs or covers the public way or adjacent yard or court.
A story having less than 1/2 of its height above grade.
An establishment without facilities for inpatient nursing
care, where one or more physicians and other medical professionals
diagnose and treat human physical and/or mental ailments.
The excavation of earth to provide for a foundation, basement,
or cellar; and/or the addition to or removal from a lot or tract of
land of earth or water so as to prepare said lot or tract of land
for the construction of a structure; and/or the act of placing or
affixing a component of a structure upon the ground or upon another
such component; and/or the placing of construction materials in a
permanent position and fastened in a permanent manner; and/or the
demolition, elimination and/or removal of an existing structure in
connection with such construction.
An open space, other than a yard, on the same lot with a
building, which is bounded on two or more sides by, but is not enclosed
by, the walls of such building.
The percentage of the lot area covered by the building area.
The average elevation of the established curb of a street
taken along the curbline between the points of intersection of the
curbline and the lot lines. Where no curb has been established, the
curb level shall be the average elevation of the land surface taken
along the street right-of-way line and the lot lines.
A section of the City in which zoning regulations and standards
are uniform.
A platform-like structure adjacent to a loading berth from
which goods are loaded and on which goods are unloaded from a vehicle
parked in such loading berth.
A building designed for residential living purposes and containing
one or more dwelling units and/or lodging units.
One or more rooms constituting all or part of a dwelling
which are used exclusively as living quarters for one family and not
more than two roomers or boarders, and which contain a stove, sink
and other kitchen facilities. For the purposes of this chapter, a
mobile home shall not be considered a dwelling unit.
A single-family detached dwelling located on a tract of land
used principally for agricultural purposes.
A group of two or more single-family, two-family or multifamily
dwellings, whether attached, semidetached or detached, in whatever
combination, occupying a lot or lots in one ownership.
A prefabricated dwelling, no less than 21 feet in total width
with all sections permanently affixed to each other, and resting in
whole on a permanent foundation with its means of transportation permanently
detached. All modular home dwellings must be constructed by a manufacturer
certified by the State of Illinois Department of Public Health as
certified by the "Illinois Modular Seal" affixed to the electrical
panel box.
A dwelling containing three or more dwelling units.
A dwelling containing one dwelling unit.
A dwelling containing two dwelling units.
The way over which traffic moves to a street or alley from
the property abutting such street or alley and the way over which
traffic moves to a major street from a minor street or alley.
The Engineer of the City.
A business retail, office or commercial use. When used in
the singular, this term shall be construed to mean a single use, building,
structure or premises of one of the types noted in this definition.
One or more persons living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that four or more persons
living together in a single dwelling unit, who are not related by
blood, adoption, or marriage, do not constitute the functional equivalent
of a traditional family. In determining the functional equivalent
of a traditional family, the following criteria shall be present:
[Amended 2-6-2017 by Ord.
No. 994]
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping
unit.
The group shares expenses for food, rent, utilities or other
household expenses.
The group is permanent and stable, and not transient or temporary
in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
The ratio of the floor area of a building to its lot area.
For example, when a floor area ratio of 4/10 is specified, the floor
area of a building constructed on a lot of 10,000 square feet in area
is limited to a maximum of 4,000 square feet. The number of stories
being optional, the building area may be 4,000 square feet for one
story, 2,000 square feet for each of two stories, and so forth. The
purpose of this ratio is to control the bulk of buildings.
A building in which, for compensation, one or more vehicles
are parked.
The average of the elevations of the surface of the ground
measured at all corners of a building.
Story. As applied to a story, "height" means the vertical measurement
between the surface of any floor and the surface of the floor next
above it or, if there is no floor above, then the vertical measurement
between the surface of the floor and the ceiling next above it.
Building. As applied to a building, "height" means the vertical
measurement from grade to a point midway between the highest and lowest
points of the roof.
Detached structure. As applied to a detached structure, "height"
means the vertical measurement from the average level of the surface
of the ground immediately surrounding such structure to the uppermost
portion of such structure.
Attached structure. As applied to an attached structure, where
such structure is attached to another structure and is in direct contact
with the surface of the ground, "height" means the vertical measurement
from the average level of the surface of the ground immediately adjoining
such structure to the uppermost portion of such structure. Where such
structure is attached to another structure and is not in direct contact
with the surface of the ground, "height" means the vertical measurement
from the lowest portion of such structure to the uppermost portion.
A gainful occupation or profession conducted entirely within
a dwelling, and carried on by the residents therein, provided such
occupation or profession is clearly incidental and secondary to the
use of the dwelling for residential living purposes.
A building having facilities for inpatient nursing care,
where physicians and other medical professionals diagnose and treat
human physical ailments.
A building containing separate accommodations for use by
primarily transient persons. A hotel may contain restaurants, barbershops
and other accessory services for serving primarily its residents and
only incidentally the public.
The way over which traffic moves from a street or alley to
the property abutting such street or alley and the way over which
traffic moves from a major street to a minor street or alley.
A lot, land, building or structure, or part thereof, used
primarily for the collecting, storage and/or sale of wastepaper, rags,
scrap metal or discarded material, or for the collecting, dismantling,
storage and salvaging of machinery or vehicles not in running condition,
and for the sale of parts therefrom.
A space accessory to a use of a structure on the same lot,
for the parking of one truck for the delivery or pickup of goods from
the establishment on the premises. A loading space shall be at least
10 feet wide by 40 feet long and shall have a vertical clearance of
at least 14 feet.
One or more rooms constituting all or part of a dwelling
which are used exclusively as living quarters for one family and do
not contain cooking facilities.
A dwelling containing at least three dwelling units or lodging
units in whatever combination. Meals are not provided within such
lodging house to the residents of the lodging units.
When used alone, a zoning lot unless the context of this
chapter clearly indicates otherwise. "Lot" includes "plot" and "parcel."
A lot located:
At the junction of and abutting two or more intersecting streets;
or
At the junction of and abutting a street and the nearest shoreline
or high water line of a stormwater or floodwater runoff channel or
basin; or
At the junction of and abutting two or more stormwater or floodwater
runoff channels or basins; or
At and abutting the point of abrupt change of a single street
where the interior angle is less than 135° and the radius of the
street is less than 100 feet.
A lot other than a corner lot.
The lines bounding a lot.
A nonretractable, roof-like structure of a permanent nature
which projects from the wall of a structure and overhangs the public
way or adjacent yard or court.
Also called "Comprehensive Plan" or "Development Plan," the
complete plan or any of its parts for the development of the City
as prepared by the Tri-County Regional Planning Commission or other
planning agency and adopted by the City Council as the official plan.
Any portable or mobile vehicle used for residential living
purposes by a family. For the purposes of this code, any such vehicle
shall be classified as a mobile home if it has been constructed in
accordance with the Department of Housing and Urban Development and
Federal Mobile Home Code Requirements (ANSI 119), whether or not its
wheels, rollers, skids, or other rolling equipment has been removed,
or whether or not any addition has been built on the ground. All mobile
homes more than 20 years old must have a federal mobile home seal
affixed to the rear exterior of the vehicle.
[Amended 2-6-2017 by Ord.
No. 994]
A tract of land meeting the standards established by Chapter 203, Manufactured Home Parks, of the City Code, the county health authorities and the Illinois State Department of Health:
[Amended 2-6-2017 by Ord.
No. 994]
A building or a group of buildings, whether detached, semidetached
or attached, containing accommodations for primarily transient automobile
travelers. "Motel" includes such buildings designated as tourist courts,
tourist cabins, motor lodges and other similar terms.
A self-propelled, free-moving vehicle for the conveyance
of goods or persons on a street.
A lot, sign, structure or use which does not conform to the
regulations and standards of the district in which it is located,
and which was a legal use when the regulations were adopted.
A nonconforming lot with a nonconforming structure located
on it.
A building containing sleeping rooms where persons are housed
or lodged and are furnished with meals and nursing care for hire.
The unoccupied space open to the sky on the same lot with
a structure.
An individual, firm, association, syndicate, partnership,
corporation, company, organization, trust or any other legal entity
having a proprietary interest in a use, structure, premises, lot or
tract of land.
A lot, court, yard or portion thereof used for the parking
of vehicles.
A space accessory to a use or structure for the parking of
one vehicle, the size of which shall be determined as specified in
this chapter.
Criteria established to control the use of land, structures
and premises by the amount of noise, odor, smoke, toxic or noxious
matter, radioactive hazards, and the glare of heat or light generated
by or inherent to the use of land, structures and premises.
Includes a partnership, association, firm, trust, club, company
or corporation as well as the individual.
The Plan Commission of the City.
A tract of land which is developed as a unit under single
ownership or control, which includes two or more main or principal
structures and is identified to its main or principal use by its functional
definition prefix, as dwelling group.
A map plan or layout showing the subdivision of land and
indicating the location and boundaries of individual lots.
A lot or tract of land and any structure located thereon.
A general term denoting, either singularly or in combination,
an area, lot, parcel, tract, plot, unit or otherwise designated portion
of land.
The entire dedicated tract or strip of land that is to be
used by the public for circulation and service.
A smoke chart giving shades of gray to which the density
of columns of smoke rising from stacks may be compared. Each such
shade of gray is categorized according to a Ringelmann number.
A private hospital.
[Amended 2-6-2017 by Ord.
No. 994]
A constructed conduit for the collection and carrying of
liquid and solid sewage wastes, other than stormwaters, to a sewage
treatment plant.
A building or group of buildings, and all associated structures,
facilities and grounds, in and on which instruction is given.
A vegetative material of sufficient height and density to
filter adequately from view, in adjoining districts, structures and
uses on the premises upon which the screen planting is located.
The building restriction line nearest the front of and across
a lot establishing the minimum distance to be provided between the
line of a structure located on said lot and the nearest street right-of-way
line or center line or the nearest shoreline or high-water line of
a stormwater or floodwater runoff channel or basin.
Any structure or device for visual communication that is
used for the purpose of bringing the subject thereof to the attention
of the public, but not including any flag, badge or insignia or any
government or governmental agency, or any civic, charitable, religious,
patriotic, fraternal or similar organization, or any sign indicating
address. Each display surface of a sign shall be considered a sign.
The emission of smoke of a density of Ringelmann number 1
for a period of one minute.
A condition for the establishment of a special use.
A use permitted in a district pursuant to, and in compliance
with, procedures specified in this chapter.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above, then the space between any floor and the ceiling
next above it.
A thoroughfare within the right-of-way which affords the
principal means of access to abutting property. A street may be designated
as an avenue, boulevard, drive, highway, lane, parkway, place, road,
thoroughfare or by other appropriate name. Streets are identified
according to type of use, as follows:
Major streets, as identified on the Official Zoning Map, are
as follows:
ARTERIAL STREETA street designated for 5,000 or more vehicles per day by the comprehensive plan of the Illinois Department of Highways.
LIMITED-ACCESS STREETAn arterial street along which entranceways and exitways are provided only at controlled intersections and from which there is no direct access to abutting properties.
COLLECTOR STREETA street planned to facilitate the collection and routing of traffic from minor streets to arterial streets.
Minor streets are as follows:
DIRECT-ACCESS STREETSA street providing direct access to and/or from intersecting streets, alleys and abutting properties.
MARGINAL-ACCESS STREETA street parallel to a limited-access street providing direct access to and/or from intersecting streets, alleys and abutting properties, and providing ways for traffic to reach access points along a limited-access street.
A service way providing access to a property for the use
of a limited number of persons or purposes and which has not been
dedicated and accepted for public maintenance.
[Amended 2-6-2017 by Ord.
No. 994]
Anything constructed or erected with a fixed location on
the surface of the ground or affixed to something having a fixed location
on the surface of the ground. Among other things, structures include
buildings, walls, fences, billboards and signs.
A structure connected to another structure.
A structure not connected to another structure.
The structure in or on which is conducted the main or principal
use of the lot on which it is located.
Any division, development or resubdivision of any part, lot,
area or tract of land by the owner or agent, either by lots or by
metes and bounds, into lots, two or more in number, for the purpose,
whether immediate or future, of conveyance, transfer, improvement
or sale, with the appurtenant streets, alleys and easements, dedicated
or intended to be dedicated to public use or for the use of the purchasers
or owners within the tract subdivided. The division of land for agricultural
purposes not involving any new street, alley or other means of access
shall not be deemed a subdivision for the purpose of the regulations
and standards of this chapter.
A building or part of a building devoted to the showing of
moving pictures or theatrical productions on a commercial basis.
An open lot or part thereof with its appurtenant facilities
devoted primarily to the showing of moving pictures or theatrical
productions on a commercial basis to patrons seated in automobiles
or on outdoor seats.
A dwelling containing the dwelling unit of the owner or operator
and containing separate accommodations primarily for transient automobile
travelers.
The specific purpose for which land, a structure or premises
is designed, arranged, intended or for which it is or may be occupied
or maintained. The term "permitted use" or its equivalent shall not
be deemed to include any nonconforming use.
As applied to any land, building, use, structure or premises,
includes the words "intended, arranged or designed to be used or occupied
or located."
A deviation from the regulations or standards adopted by
this chapter which the Board is permitted to grant when strict enforcement
would cause undue hardship owing to circumstances unique to the individual
property, lot, structure or premises for which the variance is sought.
A conveyance, either self-propelled or non-self-propelled,
in or on which persons and/or goods are transported on the surface
of the ground, including automobiles, motor buses, motor trucks, tractors,
sleighs, wagons, earth-moving equipment and other such conveyances.
An open space, other than a court, of uniform width or depth
on the same lot with a structure, lying between the structure and
the nearest lot line, which is unoccupied and unobstructed from the
surface of the ground upward except as may be specifically provided
by the regulations and standards in this chapter.
A yard extending the full width of a lot and situated between
the front lot line and the nearest line of a structure located on
said lot. Where a lot is located such that its rear and front lot
lines each abut a street right-of-way line or the nearest shoreline
or high-water line of a stormwater or floodwater runoff channel or
basin, both such yards shall be classified as front yards. Each yard
of a corner lot facing a street right-of-way line or the shoreline
or high-water line of a stormwater of floodwater runoff channel or
basin shall be classified as front yard.
A yard extending the full width of a lot and situated between
the rear lot line and the nearest line of a principal structure located
on said lot.
A yard situated between the side lot line and the nearest
line of a structure located on said lot and extending from the rear
line of the required front yard to the front line of the required
rear yard.
See "district."
A single property, parcel, unit, tract, plot or otherwise
designated portion of land having metes and bounds which is designated
by its owner or developer as a property, parcel, unit, tract, plot
or otherwise designated portion of land, which has been sold, or is
offered, or will be offered for sale, and is to be used, developed
or built upon as a unit under single ownership or control, and which
is occupied or capable of being occupied by one or more structures,
and the accessory structures or uses customarily incidental to it,
including such open spaces as are arranged and designed to be used
in connection with such structure. A zoning lot may or may not coincide
with a lot of record.
