For the purpose of this ordinance, certain terms and words are hereby defined. Words used in the present tense shall include the future, the singular number shall include the plural, and the word "shall" is mandatory and not directory.

Accessory building or use: A detached building or use incidental and subordinate to the main use of the property and which is located on the same lot with the main use.

Agriculture: The use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, floriculture, apiculture, viticulture, poultry, and animal husbandry.

Alley: A public thoroughfare affording only a secondary means of access to the rear or side of properties otherwise abutting on a street.

Apartment house: A dwelling used or designed as a residence for two (2) or more families living independently of each other, including apartments, apartment hotels, or group housing.

Basement: A story partly or wholly underground. A basement should be counted as a story for the purpose of height measurement where more than one-half of its height is above the average level of the adjoining ground, or if it is used for business or dwelling purposes.

Billboard: Any structure or part thereof on which is lettered, pictured, or displayed matter, the chief purpose of which is for advertising or publicity.

Block: An area of land bounded by streets, railroad rights-of-way, shore lines of streams or other waterways, or other lines of demarcation, or combination thereof.

Board: The board of appeals of the City of Beardstown, Illinois.

Boardinghouse: A building other than a hotel where lodging meals for five (5) or more persons are served for compensation.

Building: A structure having a roof supported by columns or walls for shelter or enclosure of persons, animals, or equipment. The word building should include the word structure and may be used for business, storage, or living purposes.

Building, heights of: The vertical distance 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 of a gable, hip, or gambrel roof. The distance is measured as follows:

1.

From the average established grade, if the front of the building is not more than five (5) feet from the front property line.

2.

From the average elevation of the finished grade along the front of the building, if the building is set back more than five (5) feet from the property line.

Bulk: "Bulk" is the term used to indicate the size, setbacks, and the mutual relationship of buildings or other structure and includes:

1.

The size and height of building or other structures;

2.

The gross floor area of building in relation to lot area (floor area ratio);

3.

The amount of lot area provided per dwelling unit;

4.

The location of buildings or other structures in relation to lot line or other buildings; and

5.

All open areas relating to a building or other structure.

Bulk plant: Any tankage loading facilities and buildings used for the storage and distribution of flammable liquids by tank truck, tank car, or pipe line.

Cabins, tourist courts or motels: Small dwelling units designed or used for renting to tourist, transients, or others for temporary accommodation.

Commission: The planning and zoning commission of the City of Beardstown, Illinois.

Common open space: All open space within the boundaries of a planned development design and set aside for use by all residents of the planned development or by residents of a designated portion of the planned development and not dedicated as public lands.

Comprehensive city plan: A plan adopted by the commission for the guidance of growth or improvement of the city, including modifications or refinements which are made from time to time.

Council: The city council of the City of Beardstown, Illinois.

Dedicated open space: All open space within the boundaries of a planned development which is dedicated or conveyed to the park district or an appropriate public agency for public use.

District: The area defined as a zoning district within which certain zoning regulations and provisions apply under this Code.

Dwelling: Any building or portion which is designed or used exclusively for residential purposes.

Dwelling, one-family: A detached building designed or occupied exclusively by one family.

Dwelling, two-family: A building designed or occupied exclusively by two (2) families living independently of each other.

Dwelling, multiple: A building or portion thereof used or designed as a residence for three (3) or more families living independently of each other and doing their own cooking therein, including apartments.

Dwelling unit: A room or group of rooms within a dwelling and forming a single habitable unit with facilities for living, sleeping and cooking.

Essential services: The erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, signals, hydrants, and other similar equipment and other accessories in connections therewith (but not including buildings) reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions or for the public health or safety or general welfare.

Established grade: The elevation of the center line of the highway in front of the center of the lot, as established by the city engineer.

Easement: A grant by the owner of the use of land to a person or persons, or the general public for a specified purpose.

Engineer: A registered professional engineer authorized to practice engineering in the State of Illinois.

Fair market value: The amount which is three (3) times the assessed value immediately prior to being damaged, or the average of appraisals furnished by two (2) independent appraisers acceptable to the zoning administrator. The cost of appraisals furnished shall be borne by the landowner.

Floor area: The sum of the gross horizontal areas on all floors of a building measured from the exterior faces of the exterior walls or from the center line of walls separating buildings, but not including cellar or basement space.

Frontage: All the property abutting upon one side of a street between the intersecting streets measured along the street line.

Garage, private: A building used only for the housing of motor vehicles, without their equipage for operation, repair, hire or sale.

Garage, public: A garage other than a private garage.

Home occupation: An occupation for gain or support conducted only by members of a family residing on the premises, provided that no article is sold or offered for sale except such as may be produced by members of the immediate family residing on the premises.

Lot, corner: A "comer lot" is a lot situated at the intersection of two (2) or more streets, the interior angle of such intersection not exceeding one hundred thirty-five (135) degrees.

Lot, interior: An "interior lot" is any zoning lot, neither a comer lot or a through lot.

Lot, through: A "through lot" is any zoning lot which is not a comer lot and which adjoins two (2) street lines which are parallel or within forty-five (45) degrees, of being parallel to each other.

Lot line: A "lot line" is a boundary of a zoning lot.

Lot of record: A lot or parcel of land, the deed to which has been recorded in the office of the county clerk prior to the adoption of these regulations.

Manufactured home single wide: A structure designed for permanent habitation and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, from the place of its construction to the location or subsequent location at which it is intended to be a permanent habitation and designed to permit the occupancy thereof as a dwelling for one or more persons. The term shall include all manufactured homes constructed before June 30, 1976, and those manufactured homes constructed after June 30, 1976, that are single-wide units, in accordance with the Federal "National Manufactured Housing Construction and Safety Standards Act of 1974." Compliance with this standard is indicated by a two-inch by four-inch (2" × 4") metal plate attached to the exterior tail light end of the manufactured home. The average width and/or length of the living area (excluding garages, carports, porches, or attachments) of a manufactured home - single wide shall be in excess of a ratio of 3 to 1. The installation of these homes must comply with the Manufactured Home Quality Assurance Act (430ILCS 117/1 et seq.) and the Manufactured Home Installation Code (77 Ill. Adm. Code 870). A manufactured home - single wide does not include a camping or travel trailer, a motor home, or other recreational vehicle.

Manufactured home double wide: A structure designed for permanent habitation and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, from the place of its construction to the location or subsequent location at which it is intended to be a permanent habitation and designed to permit the occupancy thereof as a dwelling for one or more persons. The term shall only include manufactured homes constructed after June 30, 1976, that are double-wide units, in accordance with the Federal "National Manufactured Housing Construction and Safety Standards Act of 1974." Compliance with this standard is indicated by a two-inch by four-inch (2" × 4") metal plate attached to the exterior tail light end of the manufactured home. The average width and/or length of the living area (excluding garages, carports, porches, or attachments) of a manufactured home - double wide shall not exceed a ratio of 3 to 1 and shall have minimum living area of not less than eight hundred forty (840) square feet. These homes shall also have a minimum 6/12 pitched roof, six (6) inch minimum eave overhang, double pane windows, residential style siding and roofing, and exterior walls with a minimum insulation value of R-18. The installation of these homes must comply with the Manufactured Home Quality Assurance Act (430 ILCS 117/1 et seq.) and the Manufactured Home Installation Code (77 Ill. Adm. Code 870).

Mobile home: For all purposes of this ordinance and Chapter 11 of the City of Beardstown Code, any reference to a "mobile home" shall include only a "manufactured home - single wide" and a "manufactured home - double wide" as defined herein. A "mobile home" does not include a "modular home."

Modular home: A building assembly or system of building sub-assemblies, designed for habitation as a dwelling for one or more persons, complete with internal plumbing, electrical, mechanical, heating, ventilating, and other service systems included within the wall, floor, ceiling, and roof panels, which is on closed or open construction and which is made or assembled by a manufacturer, on or off the building site, for installation, or assembly and installation on the building site upon a permanent foundation composed of materials such as concrete or concrete block which extends into the ground below the frost line. The modular home must be certified to meet the current building codes, as amended, of the City of Beardstown and must have a state approved yellow seal on the electrical panel box of the home. Modular homes are subject to the same zoning standards as site built homes, absent the granting of a variance under this ordinance.

Mobile home court or park: Any lot or parcel, or two or more contiguous tracts or parcels, which contain sites with the necessary utilities for three (3) or more mobile homes, trailers, or camp cars or other portable or mobile shelters used for living purposes.

Nonconforming use: Any building or land lawfully occupied by a use at the time or passage of this ordinance, or any amendment thereto, which does not conform with the use regulations of the district within which it is located.

Parking space: A surfaced area, enclosed or unenclosed, sufficient in size to store one (1) automobile (not less than nine (9) feet wide and twenty (20) feet long) connected to a public street or alley by a surfaced driveway and permanently reserved for the parking or storage of one (1) motor vehicle.

Place of assembly: Any room or space for the congregation or seating of one hundred (100) or more persons.

Planned unit development: Any area or tract of land under single or common ownership to be developed as a single entity and classified in the PUD district.

Public utility: Any person duly authorized to furnish, and furnishing, under municipal regulation to the public, electricity, gas, steam, telephone, telegraph, transportation, water, sewerage or sewage disposal.

Retail business: Retail business includes offices and stores used for the sale of goods, wares, merchandise, and services to the consuming public.

Setback: The minimum horizontal distance for measuring front yards, side yards, and rear yards, as appropriate, between the line of the building facing such front, side or rear yard, excluding steps, and the appropriate exterior lot line.

Sign: A "sign" is any structure or part thereof, or any device attached to, painted on, or represented on a building or other structure, upon which is displayed or including any letter, work, model, banner, flag, pennant, insignia decoration, device, or representation used as, or which is in the nature of an announcement, direction, advertisement, or other attention-directing device. A sign does not include a similar structure or device located within a building except for illuminated signs within show windows visible from the street.

Sign, advertising: An "advertising sign" is a sign which directs attention to a business, commodity, service, or entertainment conducted, sold or offered elsewhere than upon the same zoning lot.

Sign, business: A "business sign" is an accessory sign which directs attention to a profession, business, commodity, service, or entertainment conducted, sold, or offered upon the same zoning lot. A "for sale" or "for rent" sign relating to the zoning lot on which it is displayed is a business sign.

Storefront building: A storefront building is a building located at the front and corner property lines allowing easy access to passing pedestrians. A storefront or shopfront is the facade or entryway of a business located on the ground floor or street level of a commercial building, typically including one (1) or more display windows. A storefront functions to attract visual attention to the business and its merchandise. Ground floor uses are thus limited to those with some level of pedestrian activity, such as retail, service, and office uses, with additional commercial, office, and/or residential uses in the upper stories, although a residential dwelling may be permitted in the rear of the building on the ground floor if the dwelling is permanently separated from the commercial or office use and has a separate entrance.

Story: That portion of a building included between the surface of any floor and the surface of the next floor above it or if there is no floor above it, then the space between the floor and the ceiling next above it.

Story, half: That portion of a building between the eaves and the ridge lines of a pitched roof, which may or may not be used for tenant or other purposes.

Street: A public thoroughfare which affords the principal means or access to abutting property.

Structural alterations: Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

Structure: Anything constructed, erected, or existing, the use of which requires a permanent location on the ground or attached to something having a permanent location on the ground.

Trailer: A mobile house designed for dwelling purposes and to be moved on wheels whether or not such wheels are attached.

Trailer park: A lot or area used for parking, placing and using trailers for residential purposes.

Use: The principal purpose for which land or a building is designed, arranged, intended or for which it is occupied or maintained.

Yard: An open space, other than a courtyard, on the same lot with a building, unoccupied or unobstructed from the ground upward as otherwise herein provided.

Yard, front. A yard extending full width of lot and situated between front lot line and front line of the main building projected to side lines of lot.

Yard, rear. A yard extending full width of lot and situated between rear lot lines and rear line of the main building projected to side lines of lot.

Yard, side. A yard between the main building and the side lot line and extending from the front lot line to the rear lot lines.

Zoning lot. A "zoning lot" is a lot that is to be used for a use permitted in a district in which it is located at the time of applying for a building permit. A "zoning lot" may or may not coincide with a lot of record.

(Ord. No. 97-14, § 1, 8-5-97; Ord. No. 2002-01, § 2, 4-2-2002; Ord. No. 2022-03, § 2, 2-8-2022)