For the purpose of this title, certain terms or words are used in a limited or special sense, as herein defined. Words used in the present tense include the future, words in the singular number include the plural, and words in the plural include the singular; the word "shall" is mandatory and not directory.
ACCESSORY BUILDING OR USE:
Accessory Structure: A subordinate structure detached but located on the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure.
Accessory Use: A structure or use that: a) is clearly incidental to and customarily found in connection with a principal building or use; b) is subordinate to and serves a principal building or a principal use; c) is subordinate in area, extent, or purpose to the principal building or principal use serviced; d) contributes to the comfort, convenience, or necessity of occupants, business, or industry in the principal building or principal use served; and e) is located on the same lot as the principal building or use served.
ADULT BOOKSTORE: An establishment having more than forty percent (40%) of its stock-in-trade, floor area, or display area used for the sale or rental of books, magazines, publications, tapes or films that are distinguished or characterized by the emphasis on sexually oriented material depicting, describing, or relating to sexual activities or anatomical genital areas.
ADULT MINI-MOTION PICTURE THEATERS: Often referred to as peep shows and characterized by small private booths rented to individuals to view sexually explicit films or tapes.
ADULT MODELING AND ENTERTAINMENT FACILITY: An establishment, either with or without a liquor license, offering sexually oriented live entertainment, which may include topless and go-go dancers, strippers, or male or female impersonators.
ADULT MOTION PICTURE THEATERS: A building used for presenting films distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
ADULT-USE CANNABIS BUSINESS ESTABLISHMENT: An adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.
ADULT-USE CANNABIS CRAFT GROWER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
ADULT-USE CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time. and regulations promulgated thereunder.
ADULT-USE CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (P.A. 101 -0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
ADULT-USE CANNABIS INFUSER ORGANIZATION OR INFUSER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis- infused product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it maybe amended from time-to-time. and regulations promulgated thereunder.
ADULT-USE CANNABIS PROCESSING ORGANIZATION OR PROCESSOR: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
ADULT-USE CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER: An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
ALLEY: A public right-of-way which affords a secondary means of vehicular access to the side or rear of premises that front on a nearby street.
AMUSEMENT CENTER: Any premises which contains four (4) or more coin or token operated devices played for a fee, such as pinball machines, foosball tables, pool tables and other similar entertainment or amusement devices.
APARTMENT: A room or suite of rooms in a multi-family structure, which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen, bath and toilet facilities, permanently installed, must always be included for each apartment.
APARTMENT/DORMITORY: A multi-unit dwelling for which each dwelling unit contains fewer than ten (10) occupants whether related or unrelated. Each unit shall have two (2) exits and a common area of not less than three hundred (300) square feet, which may include cooking and dining facilities and shall be subject to relevant codes or regulations for behavior by students and others in effect at such educational facility which are enforced by resident personnel of such educational facility.
AUTOMOBILE REPAIR - MAJOR: General repair, rebuilding of or reconditioning of engines of any type, motor vehicles, trucks, buses or trailers. Collision service, including bodywork, frame or fender straightening or repair, overall painting of motor vehicles, trucks, trailers or painting booth.
AUTOMOBILE REPAIR - MINOR: Minor repairs, incidental body and fender work, touch-up painting and upholstering, replacement of minor parts and general tune-up service to passenger automobiles and trucks not exceeding one and one-half (11/2) tons' capacity.
AUTOMOBILE SERVICE STATION: Any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels; minor or light servicing and repair of automobiles; and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar vehicle accessories. Does not include major automobile repair, i.e., anything not defined in automobile repair - minor.
AUTOMOBILE WRECKING YARD: Any place where two (2) or more vehicles not in running condition, or parts thereof, are stored in the open, and are not being restored to operation, or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof, and including any used farm vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging of any other goods, articles or merchandise.
BALCONY: Is an outside deck located at least on the second floor or any higher floor of a dwelling building, and can be cantilevered or supported on piers.
BAR: An establishment in which alcoholic beverages are served for on-site consumption, primarily by the drink.
BED AND BREAKFAST: Shall mean an operator-occupied residence providing accommodations for a charge to the public with no more than five (5) guest rooms for rent, in operation for more than ten (10) nights in a twelve-month period. Breakfast may be provided to the guests only. Bed and breakfast establishments shall not include motels, hotels, boarding houses, or food service establishments. "Operator" shall mean the owner of the bed and breakfast establishment, or the owner's agent, who is required to reside in the bed and breakfast establishment or on contiguous property.
BOARDING HOUSE: An establishment with lodging for compensation offering accommodations for short-term transients or extended periods of time. Meals may or may not be provided (also referred to as rooming house, lodging house, lodging room, does not include bed and breakfast).
BOOK/STATIONERY STORE: An establishment dealing in books, printed materials and stationery supplies, which is not an adult bookstore.
BUILDING: Any permanently anchored structure used or intended for supporting or sheltering any use or occupancy. When a building is divided into separate parts by unpierced walls, each part shall be deemed a separate building (see definition of structure).
BUILDING, COMPLETELY ENCLOSED: A building separated on all sides from the adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.
BUILDING, HEIGHT OF: The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building:
(A) The elevation of the highest adjoining sidewalk or ground surface within a five foot (5') horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten feet (10') above lowest grade.
(B) An elevation ten feet (10') higher than the lowest grade when the sidewalk or ground surface described in subsection (A) of this definition is more than ten feet (10') above lowest grade.
The height of a stepped or terraced building is the maximum of any segment of the building.
BUILDING SET-BACK LINE: See definition of "set-back".
BUILDING, STRUCTURE: Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Structures include, but not limited to: buildings, walls, swimming pools, signs and fences.
BULK STORAGE: Means the storage of flammable or combustible liquid in an above ground tank that is not for dispensing purposes. If an above ground tank is used for any bulk storage purposes, it is classified as a "bulk storage tank" for the remainder of the calendar year in which it was so used.
CARE HOME, LARGE RESIDENTIAL: A residential care home for more than eight (8) persons, plus supervisory or oversight personnel, living together as a single housekeeping unit who are disabled, as defined by "disability" in this section, for the primary purpose of providing shelter.
CARE HOME, SMALL RESIDENTIAL: A residential care home containing a single one family dwelling unit for eight (8) persons or fewer, plus supervisory or oversight personnel, living together as a single housekeeping unit for the primary purpose of providing shelter in a family-like atmosphere.
CARPORT: A roofed structure providing space for the parking of motor vehicles that may be enclosed on not more than three (3) sides.
CHURCH: A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
CLINIC OR MEDICAL HEALTH CENTER: A building containing an individual practitioner or an association or group of physicians, dentists, clinical psychologists, or similar professional health care practitioners, including assistants. The clinic may include apothecary, dental and mental laboratories, and/or X-ray facilities, but shall not include inpatient or overnight care.
CLUB OR LODGE, PRIVATE: Non-profit association of persons, who are bona fide members paying annual dues, which owns, hires, or leases a building, or portion thereof, the use of such premises being restricted to members and their guests. It shall be permissible to serve food and meals on such 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 such sale of alcoholic beverages is in compliance with the applicable Federal, State and Municipal laws.
COMMERCIAL EQUIPMENT STORAGE FACILITY (LARGE STORAGE UNITS, RECREATIONAL VEHICLE STORAGE, MOBILE AGRICULTURAL VEHICLE OR EQUIPMENT STORAGE): A building or group of buildings containing separate, individual, and private storage spaces of varying sizes available for lease or rent for commercial or agricultural vehicles or equipment, or personal recreational vehicles, often with storage units at a size larger than traditional mini- warehouse storage units or other self-storage facilities.
COMPREHENSIVE PLAN: The plan or any portion thereof adopted by the City to guide and coordinate the physical and economic development of the City. 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.
CONVENIENCE STORE: Any retail establishment offering for sale prepackaged food products, household items, commercial products associated with minor auto servicing (but not automobile parts), and other goods commonly associated with the same including the retail dispensing of vehicular fuels.
CORRECTIONAL CENTER: Please see definition for prison.
DAY CARE CENTER: A child care facility meeting all State regulation which regularly provides day care for less than twenty four (24) hours per day for: a) more than eight (8) children in a family dwelling unit, or b) more than three (3) children in a facility other than a family dwelling unit.
DAY CARE HOME: A family dwelling unit occupied by attending family which receives more than three (3) and up to a maximum of eight (8) children for less than twenty four (24) hours a day. The maximum of eight (8) children includes the family's natural or adopted children and all other persons under the age of twelve (12). A day care home may also be a family home which receives adults who are sixty (60) years of age or older, and must meet all State regulation.
DECK: Is an outside porch without a roof not necessarily attached to a dwelling wall, whose floor is built on a foundation, piers, or blocks, as a distinct structure requiring a building permit, above ground grade. Decks can be adjacent to the first floor level of a dwelling, or occasionally adjacent to second floors or higher (see definition of balcony).
DISABILITY: As defined by the Americans With Disabilities Act (ADA), a person who has:
(A) A physical or mental impairment that substantially limits one or more major life activities;
(B) A record of such an impairment; or
(C) Is regarded as having such an impairment.
DISTRICT, ZONING: A portion of the territory of the City wherein uniform requirements or various combinations thereof apply to structures, lots, and uses under the terms of this title.
DORMITORY: A building used as group living quarters for a student body operated by a college or university or other such institution of higher education, subject to relevant codes and regulations for behavior of students and others in effect at such educational facility which are enforced by resident personnel at such institution.
DWELLING GROUP: Two (2) or more one-family, two-family or multiple-family dwellings, or boarding or lodging houses, located on one zoning lot, but not including tourist courts or motels.
DWELLING, MULTIPLE-FAMILY: A building or portion thereof designed or altered for occupancy by three (3) or more families living independently of each other.
DWELLING, ONE-FAMILY: A building designed exclusively for use and occupancy by one family, and entirely separated from any other dwelling by space totaling at least nine hundred (900) square feet and the structure's length does not exceed four (4) times its width and is affixed to a permanent masonry or concrete footing and/or foundation.
DWELLING, ROW (TOWNHOUSE): A row of two (2) to twelve (12) attached, one-family, party-wall dwellings.
DWELLING, TWO-FAMILY: A building designed or altered to provide dwelling units for occupancy by two (2) families.
DWELLING UNIT: One or more rooms which are arranged, designed or used as living quarters for a family or for a community residence as a single housekeeping unit. A dwelling unit includes bathroom and kitchen facilities in addition to sleeping and living areas.
EASEMENT: A right to use a portion of another person's real property for certain limited purposes.
EDUCATIONAL INSTITUTION: Public, private, or parochial school, charitable or non-profit junior college, college or university, other than trade or business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees.
ESSENTIAL SERVICES: The erection, construction, alteration or maintenance by public utilities or Municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, elevated and underground water storage tanks, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or Municipal or other governmental agencies or for the public health or safety or general welfare but not including buildings.
FAMILY: One or more persons each related to them by blood, marriage, or adoption (including foster children), together with such relatives of the respective spouses who are living with the family in a single dwelling and maintaining a common household. A family may also be composed of not to exceed three (3) persons not so related, provided that such unrelated persons live in a single dwelling and maintain a common household and single housekeeping unit. A family includes any domestic servants and not more than one gratuitous guest residing with said family; such servants or guest shall be included in the unrelated persons attained by this definition, and shall not be in addition thereto.
FARM: An area which is used for the growing of the usual farm products such as vegetables, fruit, trees, flora, fauna, and grain, and their storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals provided that the raising and feeding of such farm poultry and farm animals shall be subject to the regulations of the State of Illinois Environmental Protection Agency. The term "farming" includes the operating of such an area for one or more of the above uses, including dairy farms with the necessary accessory uses for treating and storing the produce, provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities, and provided further that farming does not include the extraction of minerals. The term "farm" includes farm dwellings. Does not include "confinement operations" or "concentrated animal feeding operations" as are defined by Illinois's Environmental Protection Agency.
FAST FOOD RESTAURANT: An establishment whose principal business is the sale of rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off premises. The establishment may include a drive-up or drive-through service facility or offers curb service.
FENCE: A structure, other than a building, which is an artificially constructed barrier of any material or combination of materials or plantings/shrubbery planted or erected to enclose or screen areas of land. Decorative corner treatments which do not exceed six feet (6') in length and three feet (3') in height are not considered fences if it allows for fifty percent (50%) or more open visibility.
FOOD TRUCK (FOOD CART, PUBLIC VENDING, OR PUBLIC VENDORS): A vehicle, usually a van, truck, towed trailer, or pushcart, from which food and beverages are sold. Typical locations are job sites; places of assembly, such as colleges, industries, or sports activities; and special events.
FOSTER FAMILY HOME: A family home which provides full-time family care to foster children unrelated to them. Foster family homes are limited to a maximum of six (6) children, including the foster family's children, unless all of the children unrelated to the foster family are of common parentage, or the applicable department of the State of Illinois has waived the limit of six (6) unrelated children to facilitate an adoptive placement.
FOSTER GROUP HOMES: A child care facility which regularly provides care for no more than ten (10) children placed by and under the supervision of a child welfare agency licensed by the applicable department of the State of Illinois, with no more than six (6) children under thirty (30) months of age. Adult supervision shall be provided on a twenty four (24) hour basis.
FRONTAGE LOTS: See definition of lots, multiple frontage.
GARAGE, BUS OR TRUCK: A building which is used or intended to be used for the storage of motor trucks, truck trailers, tractors, commercial vehicles, and buses exceeding one and one-half (11/2) ton capacity.
GARAGE, PRIVATE: A detached accessory building or portion of a principal building used for storage of self-propelled passenger vehicles or trailers of the occupants of the premises and/or not more than one truck of a rated capacity exceeding one and one- half (11/2) tons.
HALFWAY HOUSE/GROUP HOME: A temporary residential living arrangement for up to five (5) persons, excluding staff, who are receiving therapy, counseling and/or care from support staff who are present at all times residents are present, for the following purposes:
(A) To help them re-enter society while housed under supervision while under constraints of alternatives to imprisonment including, but not limited to, pre-release, work release, and probationary programs;
(B) To help persons with family or school adjustment problems that require specialized attention and care in order to achieve personal independence;
(C) To provide temporary shelter for persons who are victims of domestic abuse and/or neglect; or
(D) To provide adult congregate living arrangements without nursing care.
HAZARDOUS WASTE: Any substance or material that, by reason of its toxic, caustic, corrosive, abrasive or otherwise injurious properties, may be detrimental or deleterious to the health of any person handling or otherwise coming into contact with such material or substance. The U.S. Environmental Protection Agency (EPA) has developed a list of hazardous wastes based upon corrosivity, reactivity, and toxicity. Hazardous substances include, but are not limited to, inorganic mineral acids of sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium and arsenic and their common salts, lead, nickel, and mercury and their inorganic salts, or metallo-organic derivatives; coal, tar acids, such as phenol and cresols and their salts, and all radioactive materials.
HEALTH/RECREATIONAL AND PHYSICAL TRAINING CLUB: An indoor facility including uses such as game courts, exercise equipment, locker rooms, training studios, Jacuzzi and/or sauna, and pro shop.
HEIGHT: See definition of building, height of.
HOME OCCUPATION: An occupation or profession customarily carried on by an occupant of a dwelling unit as a secondary use, and which is clearly incidental to the use of the dwelling unit for residential purposes. There are major and minor home occupations which are clearly addressed under chapter 4, "General Provisions", of this title.
HOSPITAL OR SANITARIUM: An institution in which patients or injured persons are given medical or surgical care; or for the care of contagious diseases or terminal patients, and may include inpatient overnight care.
HOTEL: A facility offering transient lodging accommodations on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms, and recreational facilities and is not a bed and breakfast (also see definition of "motel").
HOTEL, TRANSIENT: See definition of boarding house.
HOUSEHOLD HAZARDOUS WASTE: A hazardous waste that can catch fire, react, or explode under certain circumstances, or that is corrosive or toxic. Common household hazardous waste items, and others not included on this list, might contain materials that are ignitable, corrosive, reactive, or toxic such as: drain openers, oven cleaners, wood and metal cleaners and polishers, automotive oil and fuel additives, grease and rust solvents, carburetor and fuel injection cleaners, air conditioning refrigerants, starter fluids, paint thinners, paint strippers and removers, adhesives, herbicides, insecticides, and fungicides/wood preservatives.
IMPROVED SURFACE: A continuous parking surface such as concrete, asphalt, paver bricks, or other alternative materials that are shown to be impervious yet as durable as concrete pavement.
INDEPENDENT TRAILER COACH OR INDEPENDENT MOBILE HOME: A transportable non-permanent single-family dwelling unit on wheels suitable for year-round occupancy and containing the same water supply, waste disposal, heating and air conditioning, electrical conveniences and with self-contained toilet and bath or shower facilities as conventional housing. This definition is not intended to include recreational vehicle types.
JUNK YARD: Open area where waste, scrap metal, paper, rags, or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including auto and building wrecking yards.
KENNEL: Any structure or premises where dogs and cats over four (4) months of age are kept, raised, bred or boarded for commercial purposes excluding animal hospitals, clinics and pet shops.
LAND USE PLAN: The comprehensive long range plan for the desirable use of land in the jurisdiction, as officially adopted and as amended from time to time by the City Council, the purpose of such plan being among other things, to serve as a guide to the zoning and prospective changes in the zoning of land to meet changing community needs in the subdividing and use of undeveloped land.
LEGAL OBJECTOR: The owner of a lot, parcel, or tract of land, which is next to a lot, parcel, or tract of land, for which a special use is proposed or which is the subject of an amendment of this title. For the purposes of this title, a lot shall be deemed to be next to another if the lots, parcels, or tracts share a common lot boundary line in whole or in part or if a common lot boundary in whole or in part would occur if all street, highway, or alley right-of-way between such lots were excluded.
LIGHTING PLAN: A plan showing the location, the height above grade, the type of illumination, the type of fixture, the source lumens, and the luminous area for each source of light proposed.
LOADING AND UNLOADING SPACE, OFF-STREET: An open hard-surfaced area of land other than a street or public way, the principal use of which is for the standing, loading and unloading of motor trucks, tractors, and trailers, to avoid undue interference with the public use of streets and alleys.
LODGING OR ROOMING HOUSE: See definition of boarding house.
LODGING ROOM: See definition of boarding house.
LOT: A tract of land intended as a unit for the purpose (whether immediate or future) of development or transfer of ownership. A lot may or may not coincide with a "lot of record".
LOT AREA/COVERAGE: The area of the lot covered by buildings above grade, excluding permitted projections.
LOT, CORNER: A lot having at least two (2) adjacent sides that abut for their full length upon streets.
LOT FRONT OR FRONTAGE: The length of any one property line of a premises, which property line abuts a legally accessible street right-of-way, except alleys.
LOT, INTERIOR: A lot other than a corner or reversed corner lot.
LOT LINE, REAR: The lot line or lot lines most nearly parallel and most remote from the front lot line.
LOT LINE, SIDE: A lot line which is not a front or rear lot line.
LOT, MULTIPLE FRONTAGE: A lot that fronts on two (2) or more street right-of-ways, such as corner lots, through lots, etc.
LOT OF RECORD: An area of land designated as a lot on a plat recorded with the Recorder of Deeds of Rock Island County, Illinois in accordance with State law.
LOT, REVERSED CORNER: A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.
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 measured at right angles to the side lot lines at the front building line.
LOT, ZONING: A single tract of land located within a single block, which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. Therefore, a "zoning lot" may or may not coincide with a lot of record.
MICROBREWERY: An establishment that prepares handcrafted natural beer intended for consumption on the premises.
MINI-WAREHOUSE (Also SELF-STORAGE FACILITY): A building or group of buildings containing separate, individual, and private storage spaces of varying sizes available for lease or rent for varying periods of time. The size of each mini-warehouse or self-storage facility should be between ten feet (10') and twenty feet (20') wide.
MOBILE HOME/MANUFACTURED HOUSING: A detached residential dwelling unit designed for transportation after fabrication on streets of highways on its own wheels or on a flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling, complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities, and the like. A travel trailer, self-contained motor home or other recreational vehicle is not to be considered a mobile home/manufactured housing.
MODULAR HOME: Factory-built housing certified to meet the current Building Codes and amendments as adopted by Rock Island County, IL and the requirements of the Illinois Department of Public Health, applicable to modular housing. Once certified by the State, modular homes shall be subject to the same standards as site built homes.
MOTEL: A building or a group of buildings, whether attached or in connected units, used as individual sleeping units designed primarily for transient travelers and providing for accessory off-street parking facilities. The term "motel" includes but is not limited to buildings designated as auto courts, tourist courts, motor hotels, motor lodges, and similar terms.
MOTOR FREIGHT TERMINAL: A building or area in which trucks, including tractor or trailer units, are parked, stored, or serviced, including the transfer, loading or unloading of goods. A terminal may include facilities for the temporary storage of loads prior to transshipment.
NIGHTCLUB: A tavern or other commercial establishment where alcoholic beverages and/or food are served for consumption on premises and a dance floor and/or entertainment are provided. See also definition of "tavern".
NON-CONFORMING USE: A lawful use of land that does not comply with the use regulations for its zoning district but which complied with applicable regulations at the time the use was established.
NURSERY SCHOOL: An institution providing instructional/educational services for at least six (6) preschool aged children.
OWNER: The word "owner" applies to the entity in which title is vested in the building or land.
PARKING AREA, ACCESSORY: An area of one or more parking spaces located at the same property as the building, structure or premises it is intended to serve, or on adjoining or nearby property and of such shape and nature as to be appropriate and usable for the parking or storage, loading and unloading of self- propelled vehicles.
PARKING SPACE, AUTOMOBILE: Space within a public or private parking area of not less than one hundred sixty (160) square feet (81/2 feet by 19 feet) exclusive of access drives or aisles, ramps, columns, or office and work areas, for the storage of one passenger automobile or commercial vehicle under one and one-half (11/2) ton capacity.
PAVED SURFACE OR PAVEMENT: Please see definition of improved surface.
PERSON: An individual, group of individuals, corporation, association, partnership, joint venture or other entity, and includes any trustee, estate, receiver, assignee or personal representative.
PLAN COMMISSION: Planning and Zoning Commission of the City of East Moline. Has the responsibility to oversee comprehensive planning and zoning matters of the City.
PLANNED UNIT DEVELOPMENT: A planned unit development is a parcel of land or contiguous parcels of land of a size sufficient to create its own environment, controlled by a single land-owner or by a group of landowners in common agreement as to which is compatible with adjacent parcels, and the intent of the zoning district or districts in which it is located. The developer or developers of a planned unit development may be granted relief from specific land-use regulations and design standards and may be awarded certain premiums in return for assurances of an overall quality of development, including any specific features which will be of exceptional benefit to the community as a whole.
PORCH: Is a roofed structure (either enclosed or unenclosed), attached to one or two (2) permanent exterior walls of a dwelling building, whose floor is at or just below the level of the dwelling first floor adjacent to the porch.
PORTABLE ON-DEMAND STORAGE UNIT (PODS): A purpose-built, fully- enclosed container placed outdoors which is designed and intended to temporarily serve as a storage or containment unit for household or commercial goods or equipment. Please see chapter 24, "Off-Street Parking And Loading", of this title for provisions and regulations.
PRINCIPAL BUILDING: A building in which the primary use of the lot on which the building is located is conducted.
PRISON: A public or privately operated facility housing persons awaiting trial or persons serving a sentence after being found guilty of a criminal offense.
PROPERTY OWNER: Any individual, group of individuals, association, corporation, joint stock association, joint venture, or any other entity in whose name the legal title to the real estate is recorded.
RECREATIONAL VEHICLE: A general term for a vehicular unit bearing current license and/or registration, not exceeding thirty six feet (36') in overall length, eight feet (8') in width or twelve feet (12') in overall height, which includes but is not limited to the following specific vehicle types:
Boat Trailer: A vehicular structure without its own motive power designed to transport a boat for recreation and vacation use and which is licensed and registered for highway use.
Camper Trailer: A folding or collapsible vehicular structure without its own motive power designed as temporary living quarters for travel, camping, recreation and vacation uses; and (to) be licensed and registered for highway use.
Horse Trailer: A vehicular structure without its own motive power designed primarily for the transportation of horses and which, in combination with the towing vehicle, is licensed and registered for highway use.
Motor Home: A vehicular unit built on or as a part of a self- propelled motor vehicle chassis, primarily designed to provide temporary dwelling for travel, camping, recreation and vacation use; and to be licensed and registered for highway use. This category shall include converted bus campers.
Recreational Boat: A vessel, whether impelled by wind, oars or mechanical devices, and which is designed primarily for recreation or vacation use. A recreation vessel when mounted upon a boat trailer shall be considered one unit. If the recreational vehicle is equipped with liquefied gas containers, they shall meet the standards of the Interstate Commerce Commission or the Federal Department of Transportation standards in existence at the passage of this title.
Travel Trailer: A rigid structure without its own motive power designed as a temporary dwelling for travel, camping, recreation and vacation use; to be licensed and registered for highway use; and which, when equipped for the road, has a body width of not more than eight feet, six inches (8'6").
Truck Camper: A portable structure without its own motive power designed to be transported on a power vehicle as a temporary dwelling for travel, camping, recreation and vacation use; and which, in combination with the carrying vehicle shall be licensed and registered for highway use.
Utility Trailer: A vehicular structure without its own motive power designed and/or used for the transportation of all manner of motor vehicles, goods or materials and licensed and registered for highway use.
REFUSE EQUIPMENT OPERATION: The storage, repair, maintenance, sale or lease of equipment used in the collection, storage or transportation of refuse, including but not limited to vehicles, containers and any repair, parts, accessories and appurtenances thereof.
RESIDENTIAL SOLID WASTE: Waste that normally originates in a residential environment.
RESTAURANT: A food establishment serving full course meals prepared on the premises and which may serve alcoholic beverages.
RIGHT-OF-WAY: A strip of land dedicated to the City or other unit of government for streets, alleys, public utilities, drainage facilities, and other public improvements.
SELF-STORAGE FACILITY: See definition of mini-warehouse.
SET-BACK: The minimum horizontal distance between the lot or property line and the nearest front, side or rear line of the building, including terraces or any covered projection thereof, including steps.
SIGN: Any object, device, display, or structure, or part thereof, situated outdoors or indoors, that is used to advertise, identify, display, or direct or attract attention to an object, person, institution, organization, business, product, service, event, or location by means of words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images.
Sign, Digital: Changeable electronic variable message signs (CEVMS) that have changeable messages or displays and meet requirements related to duration of messages, transition times, lighting, and brightness.
SMALL HOUSE OR TINY HOUSE: A structure intended as a household that includes basic functional areas that support normal daily routes, such as cooking, sleeping, and toiletry, but is also smaller than traditional single-family homes, i.e., less than one thousand (1,000) square feet. They are designed and built to look like a conventional building structure, and meet all aspects of Building Code. Small houses differ from mobile homes in that they are not designed to be transported with automotive power, and have a permanent foundation.
SOLAR COLLECTOR: A device or combination of devices, structure, or part of a device or structure that transforms direct solar energy into thermal, chemical, or electrical energy. The location of a solar collector must comply with local building and setback regulations, and is to be set back not less than five feet (5') from the property line, and not less than ten feet (10') above the ground.
SPECIAL USE: A special use is an additional use which the controlling Zoning Ordinance states will be allowed in a given zone unless there is a showing that the use would have unique adverse effects on the neighboring properties. Special uses do not "run with the land" but only remain with the existing property owner for the duration of their residency.
STABLE, RIDING: A stable shall mean a building/buildings including other structures and grounds used for the boarding or housing of horses used for riding sessions or pleasure riding on the premises.
STORY: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under-floor space is more than six feet (6') above grade as defined herein for more than fifty percent (50%) of the total perimeter or is more than twelve feet (12') above grade as defined herein at any point, such usable or unused under-floor space shall be considered as a story.
STORY, HALF: A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four feet (4') above the floor of such story.
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 way for pedestrian use only.
STRUCTURAL ALTERATION: Any changes in the supporting members of a building including but not limited to bearing walls, load-bearing walls, load-bearing partitions, columns, beams or girders or any substantial change in the roof or the exterior walls.
STRUCTURE: Is that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
TAVERN: Any premises wherein alcoholic beverages are sold at retail for consumption on the premises as the principal uses; and where sandwiches, snacks and other food products are available for purchase. "Tavern" does not include "restaurants", where the principal business is serving food (includes "bar" and "cocktail lounge"). (See definition of nightclub.)
TERRACE/PATIO: Is an unroofed paved area located outside at ground grade, which is paved as concrete, stone, brick or wood paver blocks (also known as patio blocks).
THEATER: An establishment used to observe films and other visual material which is not an adult motion picture theater.
TOURIST COURTS: A group of attached or detached buildings containing individual sleeping or living units, designed for or used temporarily by automobile, tourists or transients, with garage attached or parking space conveniently located to each unit, including auto courts, motels, motor lodges or other similar type uses.
TOURIST HOME: A dwelling in which accommodations are provided or offered for transient guests.
TOXIC WASTE: Any combination of pollutants, including disease- carrying agents, that, after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, can cause death or disease, mutations, deformities or malfunctions in such organisms or their offspring and that adversely affect the environment, which are being discarded by being disposed, incinerated or recycled.
TRAILER PARK OR MOBILE HOME PARK: An area of land upon which two (2) or more occupied trailer coaches or mobile homes are harbored either free of charge or for revenue purposes, and shall include any building, structure, tent, vehicles, or enclosure used or intended for as, a part of the equipment of such trailer coach park.
TRUCK PARKING AREA OR YARD: Any land used or intended to be used for the storage or parking of trucks, tractors, truck trailers, and including commercial vehicles, while not loading or unloading. Does not include Class B trucks.
UNRELATED GROUP FAMILY: A group of no more than five (5) unrelated adults living together as a common household by doing their own cooking and living together, as distinguished from a group occupying a boarding house, lodging house, club, fraternity, sorority, or hotel. Unrelated group families are permitted with administrative approval, provided that they comply with the standards and conditions specified in chapter 4 of this title.
VARIANCE: A relaxation of the terms of this title which will not be contrary to the public interest, and where owing to conditions peculiar to the property and not the result of actions of the applicant a literal enforcement of this title would result in unnecessary and undue hardship. Permission to depart from the literal requirements of a Zoning Ordinance, such as setbacks, side yards, frontage requirements, and lot size that, if applied to a specific lot, would present practical difficulties in the use of the property.
WIND-POWERED TURBINE: A device that converts kinetic energy from wind into electrical power. The land area around the turbine may be used for agricultural or other low-intensity use purposes assuming the accessory uses in the immediate area are not incongruous to the turbine's purpose.
YARD: The space adjacent to lot lines which is required to be open and unobstructed from its lowest level upward except as otherwise permitted. The minimum depth of width of a yard shall consist of the horizontal distance between the lot line and nearest point of the foundation or exterior wall of a building.
YARD, FRONT: An open space extending the full width of the lot between a principal building and the street right-of-way except for an alley, unoccupied and unobstructed from the ground upward, except as hereinafter specified.
YARD, REAR: An open space extending the full width of a lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward, except as hereinafter specified.
YARD, SIDE: An open space extending from the front yard to the rear yard between a building and the side lot line, unoccupied and unobstructed from the ground upward, except as hereinafter specified.
ZONING MAPS: The map or maps incorporated into this title as a part hereof.
ZONING OFFICIAL: Designated zoning official appointed by the City Administrator of East Moline whose responsibilities include: the processing of applications for zoning appeals, zoning amendments, zoning application forms, and other various and sundry zoning documents, as well as providing the necessary zoning information as requested by the general public. (Ord. 18-08, 6-3-2019; amd. Ord. 19-28, 10-21-2019)