In construing the intended meaning of terminology used in this title, the following rules shall be observed:

A.

Words and phrases shall have the meanings respectively ascribed to them in section 9-2-2 of this chapter unless the context clearly indicates otherwise; terms not defined in section 9-2-2 of this chapter shall have their standard English dictionary meanings.

B.

Words denoting the masculine gender shall be deemed to include the feminine and neuter genders.

C.

Words used in the present tense shall include the future tense.

D.

Words used in the singular number shall included the plural number, and the plural the singular.

E.

The term "shall" is mandatory; the term "may" is discretionary.

F.

The term "this municipality" shall mean the town of Cortland, Illinois.

G.

The words "lot", "parcel", "tract" and "site" shall be synonymous. (See definition of "plot".)

H.

The words "extend", "enlarge" and "expand" shall be synonymous. (See definition of "enlarge".)

I.

The words "abutting", "adjacent" and "contiguous" shall be synonymous. (See definition of "abutting".)

J.

All distances shall be measured to the nearest integral foot; six inches (6") or more shall be deemed one foot (1').

K.

References to sections shall be deemed to include all subsections within that section, but a reference to a particular subsection designates only that subsection.

L.

A general term that follows or is followed by enumerations of specific terms shall not be limited to the enumerated class unless expressly limited. (Ord. 1980-3, 8-11-1980, eff. 9-5-1980)

ABUTTING: Having a common lot line or district line.

ACCESSORY STRUCTURE OR USE: Any structure or use that is: subordinate in size or purpose to the principal structure or use which it serves; necessary or contributing to the comfort and convenience of the occupants (whether individuals or a commercial enterprise) of the principal structure or use served; and, located on the same lot as the principal structure or use served. When the wall of an accessory structure is part of or joined to the wall of the principal structure such accessory structure shall be construed as part of the principal structure.

ACCESSWAY: A curb cut, ramp, driveway or other means for providing vehicular access to an off street parking or loading area.

ADMINISTRATOR: The official appointed by the town president/mayor of this municipality with the advice and consent of the town board to administer this title, or his appointed representative.

AGRICULTURE: Any one or any combination of the following: the growing of farm or truck garden crops, dairying, pasturage, horticulture, floriculture, viticulture or animal/poultry husbandry. The term "agriculture" encompasses accessory uses and structures customarily incidental to agricultural activities.

AISLE: A vehicular trafficway within an off street parking area, used as a means of access/egress from parking spaces.

ALLEY: A public right of way which affords a secondary means of vehicular access to abutting premises that front on a nearby street.

ALTER: To change the size, shape or use of a structure.

AMENDMENT: A change in the provisions of this title properly effected in accordance with the state law and the procedures set forth herein.

AMUSEMENT ARCADE: An establishment offering for public use five (5) or more of any form of amusement device, instrument or apparatus operated by coin, slug, or similar medium, but not including automatic machines for vending food or soft drinks.

AMUSEMENT DEVICE: Any machine which, upon insertion of a coin, slug, token, plate, or disc, or upon payment of a price, may be operated by the public generally for use as a game, entertainment, or amusement, including, but not limited to, games registering a score; electronic video games; mechanical or electronic devices, such as marble machines, pinball machines, mechanical grab machines, shuffleboard game machines, billiard tables, and pool tables; and all game operations or transactions similar thereto, whether operated by hand, electric power, or a combination thereof. A mechanical amusement device located on property used solely for a residential purpose or a private club, which device is not available for use by the general public, shall be exempt from this definition.

AMUSEMENT ESTABLISHMENT, INDOOR: Any premises designed to be used by members of the public, for a fee, for amusement and entertainment or games of skill, including, but not limited to, miniature golf, amusement arcades, water slides, and is wholly enclosed in a building, but excluding stadiums, arenas, auditoriums, gun and archery ranges, racquet sports facilities. Motion picture theaters are excluded from this definition.

AMUSEMENT ESTABLISHMENT, OUTDOOR: Any premises designed to be used by members of the public, for a fee, for amusement and entertainment or games of skill, including, but not limited to, miniature golf, water slides, where any portion of the activity takes place out of doors, but excluding stadiums, arenas, golf courses, go-cart tracks, gun and archery ranges, racquet sports facilities, and amusement parks.

AMUSEMENT PARK: Any premises designed for the operation of various mechanical, aquatic or other devices or attractions that carry or transport passengers over a fixed or restricted area, primarily for the passengers' amusement, thrill, or excitement, and may include accessory sale of food and beverages and other items.

ASPHALTIC CONCRETE: A mixture of petroleum byproducts and gravel used for paving to form a smooth, permanent surface. "Asphaltic concrete" does not mean "oil and chip".

ATTACHED: As applied to buildings, "attached" means having a common wall and/or a common roof.

AWNING: A roof like cover that may be fixed or retractable and that projects from the wall of a building, and is not supported by the ground, for the purpose of shielding a doorway or window from the elements.

BALCONY: An elevated platform attached to one (1) or more walls of a building and open to the elements, not supported by the ground and projecting from an upper story and enclosed entirely by a railing.

BASEMENT: A story having one-half (½) or more of its height below the average level of the adjoining ground.

BAY WINDOW: A window projecting beyond the wall line of the building and not supported by a foundation.

BLOCK: An area of land entirely bounded by streets, highways, barriers or ways (except alleys, pedestrianways or exterior boundaries of a subdivision unless exterior boundary is a street, highway or way), or bounded by a combination of streets, public parks, cemeteries, railroad rights of way, waterways or corporate boundary lines.

BOARD OF APPEALS: The board of zoning appeals of this municipality.

BOARDING HOUSE: A residential building or portion thereof (other than a motel or hotel) containing lodging rooms for accommodation of three (3) to ten (10) 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, but not on an overnight or per meal basis to the transient public.

BODY ART: The practice of physical body adornment by establishments and artists utilizing, but not limited to, the techniques of body piercing and tattooing. This definition does not include, for the purposes of this code, ear piercing, branding, or scarification. "Ear piercing" means the procedure or practice of puncturing of the outer perimeter or lobe of the ear using a presterilized single use stud ear piercing system. "Branding" means the procedure or practice of burning the skin. "Scarification (or scarring)" means the procedure or practice of laying the skin wide open, via a needle; saturating the area; and the placing of autoclave sand or other substance into the area to build up a scar.

BODY ART STUDIO (Also Known As TATTOO PARLOR, TATTOO SHOP, BODY PIERCING SHOP): An establishment or any portion thereof, or temporary or mobile structure, involving one or more of the following: a) the application of body art or graphics via the method of placing designs, letters, scrolls, figures, symbols or other marks upon or under the skin with ink or any other substances resulting in the coloration of the skin by the aid of needles or other instruments designed to touch or puncture the skin; b) puncturing or penetration of the human skin other than the ear using needles and the temporary insertion of jewelry or other adornment thereto in the opening, so that the result is the jewelry or adornment can be easily, frequently, and reasonably removed by the person without an additional procedure.

BODY ARTIST: Any person who conducts or practices body art procedures on another living human being.

BODY SHOP, MOTOR VEHICLE: Any building or portion thereof used for the repair or straightening of a motor vehicle or trailer body or frame, or painting of motor vehicles or trailers.

BUFFER STRIP: An area of land (undeveloped except for landscaping, fences, etc.) used to protect a use situated on one lot from the detrimental effects of the use on the adjacent lot.

BUILDING: Any covered structure permanently affixed to land and designed or used to shelter persons or chattel.

BUILDING COVERAGE: The percentage of the ground area of a lot occupied by the principal structure and all accessory structures on a lot. Also known as the building footprint.

BUILDING HEIGHT: The vertical distance of a building measured from the average finished grade at midpoint of the front wall of a building to the highest point of the roof or parapet wall of the building, excluding chimneys, towers, church spires, cooling towers, elevator bulkheads, fire towers, antennas attached to or resting upon the building.

BUILDING-INTEGRATED SOLAR ENERGY SYSTEMS: A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include but are not limited to photovoltaic or hot water solar energy systems that are contained within roofing materials, windows, skylights, and awnings.

BUILDING LINE: See definition of Yard Line.

BULK: Any one or combination of the following structural or site design characteristics:

A.

Size or height of structures.

B.

Location of exterior walls at all levels in relation to lot lines, streets or other structures.

C.

Lot area.

D.

Yards or setbacks.

CARGO CONTAINER: A standardized, reusable vessel that is or appears to be: (1) originally, specifically or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, good or commodities, or (2) designed for or capable of being mounted or moved on a rail car, or (3) designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded onto a ship. A cargo container is not a shed or portable moving/storage container and may not be used as a domicile.

CAR WASH: A structure, or portion thereof, containing facilities for washing motor vehicles, and may utilize production line methods using a conveyor, blower, steam cleaning device; or other mechanical devices, and may include detailing services.

CARPORT: A freestanding roofed structure having no walls designed and intended to shelter parked or stored motor vehicles.

CENTERLINE: Any one or combination of the following:

A.

The centerline of any right of way having a uniform width.

B.

The original centerline where a right of way has been widened irregularly.

C.

The new centerline, whenever a road has been relocated.

CERTIFICATE OF ZONING COMPLIANCE, FINAL: A permit issued by the administrator indicating that a newly completed structure complies with all pertinent requirements of this title and may, therefore, be occupied or used.

CERTIFICATE OF ZONING COMPLIANCE, INITIAL: A permit issued by the administrator indicating that proposed construction work is in conformity with the requirements of this title and may, therefore, proceed.

CLINIC: An establishment wherein licensed practitioners provide physical and/or mental restoration services, but where overnight lodging for sick or injured persons is not provided.

CLUB/LODGE: A nonprofit association of persons who are bona fide members organized for some purpose(s) and paying regular dues and whose facilities are restricted to members and their guests, not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

CLUB OR LODGE, PRIVATE: A place of assembly where a group or association of persons who are bona fide members paying dues, and owns, hires, or leases a building or portion thereof; the use of such premises being restricted to members and their guests. The affairs and management of private clubs or lodges are conducted by a board of directors, executive committee, or similar body chosen by the members. It shall be permissible to serve food and meals on the premises, provided adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed provided it is secondary and incidental to the promotion of some other common objective of the organization, and further provided that the sale of alcoholic beverages is in compliance with applicable federal, state, and local laws.

COMMERCIAL USE/ESTABLISHMENT: Any use or establishment wherein goods are purchased or sold, whether to the consuming public (retail) or to other businesses (wholesale).

COMPREHENSIVE PLAN: The plan or any portion thereof adopted by this municipality to guide and coordinate the physical and economic development of the community. The comprehensive plan includes, but is not limited to, plans and programs regarding the location, character and extent of highways, bridges, public buildings or uses; utilities; schools; residential, commercial or industrial land uses; parks; drainage facilities; etc.

CONFORMING: In compliance with the applicable provisions of this title.

CONVENIENCE SHOP: Any small retail commercial or service establishment offering goods/services primarily to the residents of this municipality.

CORRECTIVE ACTION ORDER: A legally binding order issued by the administrator in accordance with the procedures set forth herein to effect compliance with this title.

DAYCARE CENTER: Any childcare facility which regularly provides daycare for less than twenty-four (24) hours per day for: a) more than eight (8) children in a family home, or b) more than three (3) children in a facility other than a family home, including senior citizen buildings, and licensed by the Illinois department of children and family services.

DAYCARE HOME: A residence licensed by the Illinois department of children and family services for the care of at least three (3) but not more than twelve (12) children for less than twenty-four (24) hours per day. The maximum number of children permitted includes the family's natural, foster or adopted children and all other persons under the age of twelve (12). The term does not include residences or facilities which receive only children from a single household.

DECK: A level, unenclosed platform serving as a floor and located above the finished grade, and usually directly adjoining or attached to a building.

DETACHED: Standing by itself, not sharing any wall with another building or structure.

DEVELOPMENT: See section 8-2-2 of this code.

DIMENSIONS: For lots, refers to both depth and width.

DISTRICT, ZONING: A portion of the territory of this municipality wherein certain uniform requirements or various combinations thereof apply to structures, lots and uses under the terms of this title.

DRIVE-IN RESTAURANT: An establishment principally used for the sale of fast order food. "Fast order food" means food that is (only one (1) of the following):

A.

Primarily intended for immediate consumption.

B.

Available after a short waiting time.

C.

Packaged or presented in such a manner that it can be readily eaten outside the premises where it is sold.

DRIVE-IN THEATER: A tract of land developed with facilities for projecting motion pictures on an outdoor screen for viewing from the patrons' automobiles on the premises.

DRIVEWAY: A minor way commonly providing vehicular access to a garage or off street parking area.

DWELLING: A building or portion thereof designed or used primarily as living quarters for one (1) or more families, but not including hotels, motels or other accommodations for the transient public.

DWELLING, MULTIPLE-FAMILY: A building or portion thereof containing three (3) or more dwelling units.

DWELLING, SINGLE-FAMILY: A detached dwelling containing one (1) dwelling unit and intended for the occupancy of one (1) family.

DWELLING, TWO-FAMILY: A dwelling containing two (2) dwelling units.

DWELLING UNIT: One (1) or more rooms designed or used as living quarters by one (1) family. A "dwelling unit" always includes a bathroom and a kitchen.

EARTH STATION: An onground terminal linked to a satellite by an antenna and associated electronic equipment for the purpose of transmitting and receiving messages, tracking, or control.

EASEMENT: A right to use another person's real property for a certain limited purpose(s).

ENCLOSED: As applied to a building, "enclosed" means covered by a permanent roof and separated on all sides from adjacent open space or other buildings by fixed exterior walls, with openings only for windows and doors.

ENLARGE: To increase the size (floor area, height, etc.) of an existing principal structure or accessory use, or to devote more land to an existing use.

ENTERTAINMENT ESTABLISHMENT, INDOOR: Any premises designed and used for predominantly spectator uses conducted within an enclosed building. Examples of typical uses include, but are not limited to, concert or music halls, live performance theaters, sports stadiums, and auditoriums. Motion picture theaters are excluded from this definition.

ENTERTAINMENT ESTABLISHMENT, OUTDOOR: Any premises designed and used for predominantly spectator uses conducted out of doors or partially enclosed or screened facilities. Examples of typical uses include motor vehicle or animal racing facilities, sports arenas or stadiums. Amusement parks are excluded from this definition.

ERECT: To build, construct.

ESTABLISHMENT: Either of the following:

A.

An institutional, business, commercial or industrial activity that is the sole occupant of one (1) or more buildings; or

B.

An institutional, business, commercial or industrial activity that occupies a portion of a building such that:

1.

The activity is a logical and separate entity from the other activities within the building and not a department of the whole; and

2.

The activity has either a separate entrance from the exterior of the building, or a separate entrance from a common and clearly defined entryway that has direct access to the exterior of the building.

EXISTING: Actually constructed or in operation on the effective date of this title.

FAMILY: One person, or two (2) or more persons related by blood, marriage or legal adoption, or not more than three (3) unrelated persons, maintaining a common household in a dwelling unit. Except that, for the purpose of this zoning ordinance, unrelated persons shall not include persons living together in a group home.

FIREWORKS, CLASS C: Those devices that contain less than one-fourth (¼) grain of explosive mixture as defined in 49 CFR 173.50.

FITNESS FACILITY: A facility designed for the major purpose of physical fitness, improved circulation or flexibility, and/or weight control of the human body which includes, but is not limited to, such equipment or facilities as weight resistance machines, whirlpools, saunas, showers and lockers, and other exercise facilities for jogging, aerobics, yoga, self-defense, court sports, swimming and similar related physical activity and related accessory uses for patrons or members.

FLOOR AREA, GROSS: The sum of the gross horizontal areas of the several floors of the building, measured from the exterior faces of the exterior walls or from the center of the common walls of attached buildings. Gross floor area includes basement floors, attic floor space, halls, closets, stairwells, space devoted to mechanical equipment and enclosed porches.

FRONTAGE: The linear extent of the front (street side) of a lot.

FUEL STATION: Any building, land area, or other premises, or a portion thereof, used or intended to be used for the retail dispensing or sale of motor vehicle fuels and fluids.

GARAGE SALE: Use of an attached or unattached garage and driveway of a dwelling for temporary sale of used or secondhand goods.

GREENHOUSE: See definition of "Nursery".

GROUND-MOUNT: A solar energy system mounted on a rack or pole that rests or is attached to the ground. Ground-mount systems can be either accessory or principal uses.

GROUP HOME: A building providing living accommodations for persons who are physically or mentally handicapped or chemically dependent, living together as a single housekeeping unit, with or without supervisory personnel, for the primary purpose of providing shelter in a family like atmosphere as part of a residential community.

HEREAFTER: Any time after the effective date of this title.

HOME BASED BUSINESS: A business, profession, occupation, service or trade conducted for pecuniary gain entirely within a dwelling or, when permitted by this title, within a structure that is accessory to a residential building.

HOSPITAL: An institution devoted on an around the clock basis to the maintenance and operation of facilities for the diagnosis, treatment or care of members of the general public suffering from disease, injury or other abnormal physical conditions. The term "hospital" as used in this title includes sanitariums, but excludes institutions operating solely for the treatment of insane persons, drug addicts and alcoholics, and convalescent/nursing homes.

HOTEL: An establishment containing lodging rooms, for occupancy by transient guests in contradiction to a boarding house, and which provides customary hotel services such as maid and telephone services, the use and upkeep of furniture, furnishings and the laundry of linens.

INTENSIFY: To increase the level or degree of.

INTERSECTION: The point at which two (2) or more public rights of way (generally streets) meet.

JUNKYARD: A properly screened outdoor area where waste, scrap metal, paper, rags or similar materials are bought, sold, exchanged, stored, baled, disassembled or handled, including auto and building wrecking yards, but excluding similar uses taking place entirely within a completely enclosed building.

KENNEL: Any structure or premises or portion thereof on which more than three (3) dogs, cats or other household domestic animals over four (4) months of age are kept.

LOADING SPACE: An off street space used for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.

LOT: A tract of land intended as a unit for the purpose (whether immediate or future) of transfer of ownership or development. A "lot" may or may not coincide with a "lot of record" as defined herein.

LOT AREA: The area of a horizontal plane bounded by the front, side and rear lines of a lot.

LOT, CORNER: A lot which has its front lot line and one (1) side lot line abutting a street. A corner lot may abut the intersection of two (2) or more streets or adjoin a curved street at the end of a block.

LOT COVERAGE: The percentage of a lot occupied by buildings and impervious surfaces, including, but not limited to, accessory buildings and structures, driveways, sidewalks, decks, and patios.

LOT DEPTH: The distance between the midpoint of the front lot line and the midpoint of the rear lot line.

LOT, DOUBLE FRONTAGE: A lot which has its rear lot line and front lot line abutting a street.

LOT, GATEWAY: A lot which has its front, rear and one (1) side lot line abutting a street.

LOT, INTERIOR: A lot which has only its front lot line abutting a street.

LOT LINE, CORNER SIDE: On a corner lot, the side lot line abutting the street right of way. On a corner lot, the zoning administrator shall designate which of the two (2) lines abutting a street right of way shall be considered a corner side lot line and which shall be considered a front lot line. Generally, the longer of the two (2) lot lines shall be considered the corner side lot line.

LOT LINE, FRONT: the lot line abutting a street right of way. On a corner lot, the zoning administrator shall designate which of the two (2) lot lines abutting a street right of way shall be considered a front lot line and which shall be considered a corner side lot line. Generally, the shorter of the two (2) lot lines shall be considered the front lot line.

LOT LINE, REAR: A lot line which is opposite and most distant from the front lot line or, in the case of irregular, triangular or gore shaped lots, a line ten feet (10') in length within the lot, parallel to and at the maximum distance from the front lot line.

LOT LINE, SIDE: Any line which is not a front lot line, corner side lot line, or a rear lot line.

LOT LINES: The lines forming the boundary of a "lot" as defined herein.

LOT OF RECORD: A single lot which is part of a subdivision, the map of which has been recorded in the office of the recorder of deeds, or a single parcel of land, the deed of which has been recorded in the office of the recorder of deeds.

LOT SIZE REQUIREMENTS: Refers to the lot area, width and depth requirements of the applicable zone district.

LOT, THROUGH: A lot having a pair of approximately parallel lot lines that abut two (2) approximately parallel streets. Both such lot lines shall be deemed front lot lines.

LOT WIDTH: The horizontal distance between the side lot lines of a lot measured within the lot boundary along the front yard line.

MAINTENANCE: The routine upkeep of a structure, premises or equipment including the replacement or modification of structural components to the extent necessary to keep said structure in sound condition.

MATERIALLY: As applied to the impact of one (1) thing or another, "materially" means significantly or substantially.

METEOROLOGICAL TOWER (Also MET TOWER): A tower having anemometers, wind direction vanes, temperature and pressure sensors, and other measurement devices attached to it at various levels above the ground and used at a potential wind energy conversion system site which is designed and intended to assess wind resources.

MINIMART, MOTOR VEHICLE: A fuel station which offers or includes as an accessory use the retail sale of food, merchandise or services not related to dispensing fuel, the maintenance, service or repair of motor vehicles.

MOBILE HOME: A manufactured structure designed to permit its transport on its own wheels, containing complete kitchen and sanitary facilities, and used as long term dwelling by one (1) family.

MOBILE HOME PARK: A parcel not less than five (5) acres in area in single ownership/control, developed with facilities for accommodating occupied mobile homes in accordance with the requirements of the Illinois mobile home and mobile home park act of October 1, 1974, of the state of Illinois ^[4].

MOTEL: See definition of Hotel.

MOTOR VEHICLE IMPOUND YARD: An area where operable and inoperable motor vehicles are temporarily stored for the purpose of identification, evidence inventory, and repossession.

MOTOR VEHICLE REPAIR FACILITY, MAJOR: Any building, or portion thereof, used for any motor vehicle repair that requires the removal of the engine head or pan, replacement of engines, removal or replacement of transmissions, differentials and drive trains, or any part thereof, in addition to the replacement of parts, service and incidental repairs to motor vehicles, but excluding operations specified under "motor vehicle body shop".

MOTOR VEHICLE REPAIR FACILITY, MINOR: Any building, or portion thereof, used for the diagnosis, repair or installation of radiators, air conditioning systems, electronic systems, audio systems, brake systems, exhaust systems, engine tune ups, or other engine repairs that do not involve the removal of the engine head or pan, replacement of engines, removal or replacement of transmissions, differentials and drive trains, but excluding operations specified under "motor vehicle body shop".

MOTOR VEHICLE SERVICE FACILITY: Any building, or portion thereof, wherein lubricating oil or grease, or fluids for operating or protecting motor vehicles are dispensed or changed, or accessories to provide added value and convenience to the owner of the vehicle are offered for sale to the public and the installation or application servicing vehicles with such products is performed on the premises. Retail sale and dispensing of motor vehicle fuels may also be provided.

NAMEPLATE CAPACITY: The maximum output rating of a wind turbine.

NONCONFORMING: As applied to a lot, structure or use, "nonconforming" means:

A.

Lawfully existing on the effective date of this title, but

B.

Not in compliance with the applicable provisions thereof.

NUISANCE: Any thing, condition or conduct that endangers health or unreasonably offends the senses or obstructs the free use and comfortable enjoyment of property, or essentially interferes with the comfortable enjoyment of life.

NURSERY: A tract of land on which trees, shrubs and other plants are raised for transplanting and sale, and including any structure in which said activities are conducted.

NURSING HOME: An extended or intermediate care facility licensed or approved to provide full time convalescent or chronic care to individuals who by reasons of advanced age, chronic illness or infirmity are unable to care for themselves.

OFFICE: Any building or portion thereof in which the business (usually clerical and administrative affairs) of a commercial/service enterprise or professional person is transacted.

OWNERSHIP: Any person, firm or corporation having a possessory interest entitled to exclusive possession, a contractual interest, or any exclusive possessory interest which is specifically enforceable on the land.

PARKING AREA/LOT, OFF STREET: Land that is improved in accordance with this title and used primarily for the storage of passenger motor vehicles, free of charge or for compensation. An "off street parking area", depending on the circumstances of its use, may be either a principal use or an accessory use.

PARKING SPACE, OFF STREET: An area at least twenty feet (20') long and nine feet (9') wide within an off street parking area or garage, used for the storage of one (1) motor vehicle.

PATIO: A level, unenclosed surfaced area located at grade and usually directly adjoining or attached to a building.

PERMITTED USE: Any use which is or may be lawfully established in a particular district(s), provided it conforms with all the requirements applicable to said district(s).

PERSON: Any individual, firm, association, organization or corporate body.

PHOTOVOLTAIC SYSTEM: A solar energy system that converts solar energy directly into electricity.

PLACE OF ASSEMBLY: The premises where members or patrons gather together generally for common reason and generally at regular intervals including for, but not limited to, civic, cultural, fraternal, political, religious or social purpose. It shall be permissible to serve food and meals on the premises, provided it is secondary and incidental to the promotion of some other common objective of the organization and provided adequate dining room space and kitchen facilities are available and is in compliance with applicable federal, state, and local laws. The sale of alcoholic beverages to members and their guests shall be allowed provided it is secondary and incidental to the promotion of some other common objective of the organization, and further provided that the sale of alcoholic beverages is in compliance with applicable federal, state, and local laws.

PLANNED UNIT DEVELOPMENT: A tract of land initially under single ownership or control, planned and constructed as a unified development where specific regulations of a given zoning district are modified through the issuance of a special use permit.

PLANNING COMMISSION: The planning commission of this municipality.

PLOT: A parcel of land consisting of one or more lots or portions thereof which is described by reference to a recorded plat or by metes and bounds.

PORCH: A roofed platform supported by the ground and projecting from the wall of a building and having direct access to or from the building to which it is attached. A porch has no solid walls other than the wall of the building to which it is attached. A porch may be enclosed with a mesh screen to keep out unwanted insects, but is otherwise exposed to the elements throughout the year.

PORTABLE MOVING/STORAGE CONTAINER: Any structure used, or intended to be used, for the private noncommercial, nonindustrial storage uses by the property owner or tenant intended for the temporary storage of personal property, typically used prior to moving (i.e. a POD™, GoMini™, or similar type of structure). A portable moving/storage container is not a shed or cargo container and is not to be used as a domicile.

PORTE-COCHERE: A roofed structure attached to a building and located at or near a building entrance for the purpose of sheltering occupants alighting or boarding motor vehicles. Three (3) sides of a porte-cochere shall be open to the elements.

PREMISES: A lot and all the structures and uses thereon.

PRINCIPAL BUILDING/STRUCTURE/USE: The main structure erected on or the main use occupying a lot, as distinguished from an accessory (subordinate) structure or use.

PROPERTY: Anything that can be owned or possessed which a person has a legal title and the exclusive right to enjoy.

PROPERTY LINE: See definition of "Lot Lines".

PUBLIC ENERGY SUPPLIER:

A.

A public utility as defined in an act concerning public utilities, approved June 29, 1921, as amended; or

B.

A public utility that is owned or operated by any political subdivision or municipal corporation of this state, or owned by such political subdivision or municipal corporation and operated by any of its lessees or operating agents; or

C.

An electric cooperative as defined in section 10.19 of an act concerning public utilities, approved June 29, 1921, as amended.

RAIN BARREL: A system that collects and stores rainwater from the roof of a structure that would otherwise be lost to runoff and diverted to storm drains and streams. Usually composed of a fifty-five (55) gallon drum, a vinyl hose, PVC couplings, a screen grate to keep debris and insects out, and other off the shelf items, a rain barrel can sit conveniently under any gutter downspout.

RAIN GARDEN: A small bioretention area; a shallow, small manmade depression that is planted with deep rooted native plants and grasses and is designed and located on a lot to receive runoff from hard surfaces such as a roof, a sidewalk and a driveway in a manner which mimics the natural hydrological process slowing down the rush of water from these hard surfaces, holding the water for a short period of time and allowing it to naturally infiltrate into the ground.

RECONSTRUCT: As applied to structures, including nonconforming structures, "reconstruct" means to rebuild after partial or total destruction.

RECREATIONAL VEHICLE: A term encompassing any type of vehicle used primarily for pleasure such as travel trailers, motor homes, boats, snowmobiles, etc.

RECYCLING CENTERS: A completely enclosed building or structure where aluminum, scrap metal, paper, cardboard or reusable materials are bought, sold, exchanged, baled and handled.

REFUSE: Garbage (food wastes) and trash, but not sewage or industrial wastes.

RELIGIOUS INSTITUTION: A place of assembly which provides meeting areas for regularly scheduled religious activities including church, temple, synagogue, mosque and similar type uses. A religious institution may also provide ancillary operations including, but not limited to: caretaker's housing; group living facilities such as convents and priest's quarters; meeting space; offices; rectory; religious teaching area, customarily meeting for short periods of time typically on weekends and evenings, separate areas from the main worship area for individual or group prayer. It shall be permissible to serve food and meals on the premises, provided it is secondary and incidental to the promotion of some other common objective of the organization and provided adequate dining room space and kitchen facilities are available and is in compliance with applicable federal, state, and local laws. The sale of alcoholic beverages to members and their guests shall be allowed provided it is secondary and incidental to the promotion of some other common objective of the organization, and further provided that the sale of alcoholic beverages is in compliance with applicable federal, state, and local laws.

RELOCATE: To move to another portion of a lot or to a different lot.

REPAIR: To restore to sound condition, but not to reconstruct.

RESTRICTIVE: Tending to keep within prescribed limits.

RETAIL: Refers to the sale of goods or services directly to the consumer rather than to another business.

RIGHT-OF-WAY: A strip of land which the owner/subdivider has dedicated to this municipality or to another unit of government for streets and alleys.

ROOF-MOUNT: A solar energy system mounted on a rack that is fastened to or ballasted on a building roof. Roof-mount systems are accessory to the principal use.

ROOMING HOUSE: See definition of "Boarding House".

SANATORIUM: See definition of "Hospital".

SANITARY LANDFILL: A tract of open land used for the permanent disposal of refuse in accordance with the requirements of the Illinois environmental protection agency. At a "sanitary landfill" the refuse is regularly covered with topsoil.

SATELLITE ANTENNA, PRIVATE: An accessory structure consisting of an antenna and reflector, having any dimension of three feet (3') or greater, and is a solid or open mesh configured structure in the shape of a dish, cone, horn or cornucopia for reception or transmission of radio energy to or from an earth orbit satellite or celestial body.

SATELLITE ANTENNA, PRIVATE STATION: Any disk antenna with an essentially solid surface, whether flat, concave, or parabolic which is designed for receiving television, radio or data electromagnetic or microwave signals from satellites or other satellite stations.

SCREENING: Trees, shrubs, walls, solid fences, etc., used as a means of visual and noise control.

SERVICE USE/ESTABLISHMENT: Any use or establishment wherein services are provided for remuneration either to individuals or to other firms.

SETBACK: The horizontal distance between a lot line and the nearest wall of a building or portion of a structure facing such lot line, or the edge of the area of operation of a principal use involving no building or structure.

SETBACK LINE: See definition of "Yard Line".

SHED: A small structure often purchased pre-built or as a kit in pre-fabricated sections. It is not designed to be served by heat, electricity or plumbing. The structure is typically intended to store lawn, garden or pool care equipment. A shed is not a portable moving/storage container or a cargo container and may not be used as a domicile.

SIGHT TRIANGLE: A triangular area established on private property at the intersection of two (2) streets, a street and a driveway, or a street and an alley in which nothing shall be erected, planted, or allowed to grow so as to limit or obstruct the sight distance of motorists and pedestrians.

SKATE PARK: A facility that is designed for use by persons riding skateboards, in-line skates, or roller skates, but excluding skating rinks or roller rinks.

SKATEBOARD: A footboard, not otherwise secured to a rider's feet or shoes, mounted upon four (4) or more wheels and is usually propelled by the user who sometimes stands, sits, kneels, or lays upon the device while it is in motion.

SKATING RINK, ICE OR ROLLER: An establishment that provides facilities for participant skating, but excluding skateboards.

SKIRTING: The covering affixed to the bottom of the exterior walls of a mobile home to conceal the underside thereof.

SMALL WIND ENERGY CONVERSION SYSTEM (SWECS): A wind turbine, including any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, associated control or conversion electronics, or any other component used in the system, which has a rated capacity of not more than ten (10) kilowatts and which is intended to primarily reduce on site consumption of utility power.

SOLAR COLLECTOR: A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy.

SOLAR ENERGY: Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector. Energy System: A solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means.

SOLAR ENERGY SYSTEM:

A.

1.

A complete assembly, structure, or design of a solar collector, or a solar storage mechanism, which uses solar energy for generating electricity or for heating or cooling gases, solids, liquids, or other materials;

2.

The design, materials, or elements of a system and its maintenance, operation, and labor components, and the necessary components, if any, of supplemental conventional energy systems designed or constructed to interface with a solar energy system; and

3.

Any legal, financial, or institutional orders, supplemental conventional energy systems designed or constructed to interface with a solar energy system; and certificates, or mechanisms, including easements, leases, and agreements, required to ensure continued access to solar energy, its source, or its use in a solar energy system, and including monitoring and educational elements of a demonstration project.

B.

"Solar energy system" does not include: 1) distribution equipment that is equally usable in a conventional energy system except for such components of such equipment as are necessary for meeting the requirements of efficient solar energy utilization; and 2) components of a solar energy system that serve structural, insulating, protective, shading, aesthetic, or other nonsolar energy utilization purposes, as defined in the regulations of the Illinois department of commerce and economic opportunity; and 3) any facilities of a public utility used to transmit or distribute gas or electricity.

SOLAR FARM: A commercial facility that converts sunlight into electricity, whether by photovoltaics (PV), concentrating solar thermal devices (CST), or other conversion technology, for the primary purpose of wholesale sales of generated electricity. A solar farm is the principal land use for the parcel on which it is located.

SOLAR GARDEN: A commercial solar-electric (photovoltaic) array that provides retail electric power (or a financial proxy for retail power) to multiple households or businesses residing or located off-site from the location of the solar energy system.

SOLAR SKYSPACE:

A.

The maximum three-dimensional space extending from a solar energy collector to all positions of the sun necessary for efficient use of the collector.

B.

Where a solar energy system is used for heating purposes only, "solar skyspace" means the maximum three-dimensional space extending from a solar energy collector to all positions of the sun between 9:00 a.m. and 3:00 p.m. local apparent time from September 22 through March 22 of each year.

C.

Where a solar energy system is used for cooling purposes only, "solar skyspace" means the maximum three-dimensional space extending from a solar energy collector to all positions of the sun between 8:00 a.m. and 4:00 p.m. local apparent time from March 23 through September 21.

SOLAR SKYSPACE EASEMENT:

A.

A right, whether or not stated in the form of a restriction, easement, covenant, or condition, in any deed, will, or other instrument executed by or on behalf of any owner of land or solar skyspace or in any order of taking, appropriate to protect the solar skyspace of a solar collector at a particularly described location to forbid or limit any or all of the following where detrimental to access to solar energy: 1) structures on or above ground; 2) vegetation on or above the ground; or 3) other activity; and

B.

Which shall specifically describe a solar skyspace in three-dimensional terms in which the activity, structures, or vegetation are forbidden or limited or in which such an easement shall set performance criteria for adequate collection of solar energy at a particular location.

SPECIAL USE: A use that has unusual operational, physical or other characteristics which distinguish it from the permitted uses of a district, but which can be made compatible with the intended overall development within a district. Special uses commonly must meet special standards not necessarily applicable to permitted uses in the district, and are allowed only by permit.

SPECIAL USE PERMIT: A permit issued in accordance with the provisions of this title to regulate development of a special use.

STOP ORDER: A type of corrective action order used by the administrator to halt work in progress that is in violation of this title.

STREET: A public or private way for motor vehicle travel. The term "street" includes a highway, thoroughfare, parkway, throughway, road, pike, avenue, boulevard, lane, place, drive, court and similar designations, but excludes an alley or a way for pedestrian use only.

STREET, PRIVATE: Any street providing access to abutting property that is not maintained by and dedicated to this municipality or other public entity.

STRINGENT: Binding, exacting.

STRUCTURE: Anything constructed or erected on the ground, or attached to something having a fixed location on the ground. All buildings are structures, but not all structures are buildings.

STRUCTURE, TEMPORARY: Any structure that is not attached to a permanent foundation.

TEMPORARY USE PERMIT: A permit issued in accordance with the provisions of this title and valid for not more than one year, which allows the occupation of a temporary structure or the operation of a temporary enterprise.

TERRACE: A landscape treatment of mounded earth, rock wall, timber wall or other retaining device used to modify steep grade differences on a lot. A terrace shall not include a patio or deck surface.

TOPOGRAPHY: The relief features or surface configuration of an area.

TRAVEL TRAILER: A mobile structure designed for temporary occupancy.

TRAVEL TRAILER PARK: A lot developed with facilities for accommodating temporarily occupied travel trailers in accordance with the requirements of the mobile home provisions of the town.

USE: The purpose or activity for which land or a structure therein is designed, arranged, intended, occupied or maintained.

USE VARIANCE: A type of amendment (not variance) that allows a use in a district where said use would not be allowed under existing provisions of this title.

UTILITY FACILITY: All equipment and appurtenances above and below the surface of the ground in streets, alleys, easements, rights of way, properties and ways in the town used or useful in supplying, transmitting, conveying, collecting, distributing electric, gas, steam, sanitary sewer, potable water, irrigation water, communication, data or television signal services, and includes:

A.

Distribution Lines: Conductors and equipment, above or below ground, operating at less than fifteen thousand (15,000) volts for the purpose of delivering electricity to customers;

B.

Feeder Lines: Aboveground supporting structures, conductors and equipment operating from two thousand four hundred (2,400) to fifteen thousand (15,000) volts for the purpose of feeding power from substations to load area distribution lines;

C.

Substations: An aboveground structure with transformers, regulators and switching equipment for the purpose of interconnecting transmission, feeder, and distribution lines;

D.

Switching Station: Similar to a substation, except without transformers, for the purpose of interconnecting more than two (2) lines of the same type and voltage; and

E.

Transmission Lines: Aboveground supporting structures, conductors and equipment operating at more than fifteen thousand (15,000) volts for the purpose of transmitting electric power from generating plants to switching stations and substations.

UTILITY FACILITY, LARGE: Utility facilities serving the entire town or a region, in whole or in part, such as microwave stations; radio/television antennas; earth stations; two hundred thirty (230) kilovolt power transmission lines; natural gas regulator stations; sanitary wastewater reclamation and reuse facilities; facilities that provide for the transmission, transfer and distribution of telecommunications and data; and power generating facilities, except solar energy devices.

UTILITY FACILITY, MEDIUM: Utility facilities serving a subarea of the town, including power distribution lines (one hundred fifteen (115) kilovolts or less); natural gas or steam transmission lines; telecommunications and data transmission lines; water storage tanks and reservoirs; storm drainage facilities; water transmission lines; sanitary sewer collector lines and pump stations; and subregional switching stations (one hundred fifteen (115) kilovolts or less).

UTILITY FACILITY, SMALL: Utility facilities serving a local area, including power and steam distribution lines; water and sanitary sewer lines; irrigation lines, pumps and rigs; storm sewers and other drainage facilities; telecommunications and data transmission lines; transformers, pump stations and hydrants; switching boxes; and other utility structures customarily placed in a utility easement or in a public street right of way to serve adjacent properties.

VARIATION: The relaxation of the strict application of the lot size, setbacks or other bulk requirements applicable to a particular lot or structure. A so called "use variation" which would allow a use that is neither permitted nor special in the district in question is not a variation; it is an amendment.

WASTEWATER IRRIGATION AREA: Any land area that is used for surface or subsurface irrigation as the method of disposal of treated sanitary wastewater.

WASTEWATER RECLAMATION AND REUSE FACILITY: A facility designed, operated and intended to provide for treatment of sanitary waste prior to discharge or disposal.

WHOLESALE: Refers to the sale of goods or services by one business to another business.

WIND ENERGY CONVERSION SYSTEM (WECS): A wind turbine, including any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, associated control or conversion electronics, or any other component used in the system, which has a rated capacity of more than ten (10) kilowatts and which is intended to primarily reduce on site consumption of utility power (see also definition of Small Wind Energy Conversion System (SWECS)).

WIND TURBINE: Any electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind.

YARD: An open space on a lot which is unoccupied and unobstructed from its lowest level to the sky, except for permitted yard obstructions, and which extends along a lot line and at right angles or radial thereto to a depth or width specified in the yard regulations for the district in which the zoning lot is located.

YARD, CORNER SIDE: A yard extending the full length of a corner side lot line and back to a line drawn parallel to the corner side lot line at a distance equal to the required corner side yard depth.

YARD, FRONT: A yard extending along the full length of a front lot line and back to a line drawn parallel to the front lot line at a distance equal to the required front yard depth.

YARD LINE: A line in a lot that is parallel to the lot line along which the yard in question extends and which is not nearer to such lot line at any point than the required depth or width of said yard.

YARD, REAR: A yard extending along the full length of a rear lot line and back to a line drawn parallel to the rear lot line at a distance therefrom equal to the required rear yard depth, but excluding any area encompassed within a required corner side yard.

YARD, SIDE: A yard extending along the full length of a side lot line and back to a line drawn parallel to the side lot line at a distance equal to the required side yard depth, but excluding any area encompassed within a required front yard, corner side yard, or rear yard.

ZONING MAP: The map(s) and any amendments thereto designating zoning districts, and incorporated into this title by reference.

(Ord. 1980-3, 8-11-1980, eff. 9-5-1980; amd. Ord. 1983-7, 9-26-1983; Ord. 1985-10, 6-10-1985; Ord. 1991-2, 9-9-1991; Ord. 1996-9, 10-14-1996; Ord. 1998-11, 9-28-1998; Ord. 1999-05, 3-22-1999; Ord. 2000-20, 12-18-2000; Ord. 2002-07, 2-25-2002, eff. 2-25-2002; Ord. 2002-25, 9-23-2002, eff. 9-23-2002; Ord. 2004-07, 3-8-2004, eff. 3-8-2004; Ord. 2007-13, 3-26-2007; Ord. 2008-10, 3-24-2008; Ord. 2008-16, 7-28-2008; Ord. 2008-17, 7-28-2008; Ord. 2008-23, 8-25-2008; Ord. 2009-04, 6-22-2009; Ord. 2010-10, 7-26-2010; Ord. 2011-01, 1-24-2011; Ord. 2014-05, 7-28-2014; Ord. 2020-13, 6-22-2020, eff. 7-2-2020; Ord. No. 2021-05, §§1—3, 5-24-2021)