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

(1)

Words and phrases shall have the meanings respectively ascribed to them in section 48-32 unless the context clearly indicates otherwise; terms not defined in section 48-32 shall have their standard English meanings.

(2)

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

(3)

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

(4)

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

(5)

The term "shall" is mandatory.

(6)

The term "may" is discretionary.

(7)

The word "governing body" means the city council.

(8)

The word "commission" means the joint planning and zoning commission.

(9)

The words "lots," "parcel," "tract," and "site" shall be synonymous.

(10)

The phrases "used for," "arranged for," "designed for," "intended for," "maintained for," and "occupied for" shall be synonymous.

(11)

All distances shall be measured to the nearest integral foot; six inches or more shall be deemed one foot.

(12)

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

(13)

A general term that follows or is followed by enumerations of specific terms shall not be limited to the enumerated class unless expressly limited.

(14)

Where this chapter permits or requires an act on the part of an "owner" or "landowner," and a particular lot or tract of land is owned by several persons, whether in joint tenancy, tenancy in common, partnership, joint venture or other form of joint ownership, the act shall be taken on behalf of, and with the express written consent of, all such persons, which written consent shall be provided to the city.

(Ord. No. 1769, § 1(Att. 48.2.1), 9-21-2020)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abutting means to physically touch or border upon; to share a common property or lot line.

Access means a way or means of approach to provide physical entrance to a property.

Accessory structure means a subordinate building or structure, the use of which is incidental to the principal building or use and which is located on the same lot as the principal building or use. Accessory structures shall include sheds, detached garages, decks, pools and covered patios. A structure housing an accessory use is considered an integral part of the principal building when it has any part of a wall in common with the main building, is under an extension of the main roof, or designed as an integral part of the main building.

Accessory use means a subordinate use of a building or land which is incidental to the principal use, and customarily associated with the principal use which is located on the same lot as the main building or use.

Adult entertainment use means an establishment consisting of, including or having the characteristics of any or all of the following:

(1)

Adult bookstore. An establishment having as a substantial or significant portion of its stock-in- trade books, magazines, publications, videos or other media that are distinguished or characterized by the emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.

(2)

Adult cabaret. An establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.

(3)

Adult mini motion picture theater. An enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.

(4)

Adult motion picture theater. An enclosed building with a capacity for 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.

(5)

Exotic dance facility. Any building, structure or facility which contains, or is used for commercial entertainment, where the patron directly or indirectly is charged a fee to observe "specified anatomical areas", provided that the genitals and pubic areas of all persons and the areola and nipple of the breast of all female persons are opaquely covered. "Specified anatomical areas" shall include:

a.

Less than completely or opaquely covered human genitals, pubic region, buttocks or female breast area below the point immediately above the top of the areola; and

b.

Human male genitals in a discernibly turgid state even if completely and opaquely covered.

Adjacent means lying near, in the vicinity of, next to, adjoining.

Administrator means the official appointed by the mayor with the advice and consent of the city council to administer this Code, or his representative. (Synonymous with "city's designated official.")

Agricultural use means any one or any combination of the following: the growing of farm or truck garden crops, dairying, pasturage, horticulture, floriculture, or animal/poultry husbandry. The term "agriculture use" encompasses the farmhouse, and accessory uses and structures customarily incidental to agricultural activities and excludes stockyards, agricultural processing plants, commercial feed lots and slaughter houses. Agricultural use shall not include the removal of trees for the purpose of development or redevelopment or the removal of trees without replanting.

Aisle means A vehicular traffic-way within an off-street parking area, used as a means of access/egress from parking spaces.

All-terrain vehicle (ATV) means any motorized off-highway device designed to travel primarily off-highway, 50 inches or less in width, having a manufacturer's dry weight of 900 pounds or less, traveling on three or more low-pressure tires, designed with a seat or saddle for operator use, and handlebars or steering wheel for steering control, except equipment such as lawnmowers.

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

Alter means to change the size, shape, or use of a structure or the moving from one location to another.

Amendment means a change in the provisions of this Code (including those portions incorporated by reference), properly effected in accordance with state law and the procedures set forth herein.

Antenna, accessory means an antenna and supporting structure attached to a building or freestanding and designed and used for an amateur radio or citizen band radio or a similar communication device.

Antenna, communication means any device that transmits and/or receives radio waves for voice, data or video communications purposes including, but not limited to, VHF and UHF television; FM or AM radio; two-way radio, cellular telephone, personal communications services (PCS) or other wireless telephony, fixed point microwave, low power television or other similar wireless communications and common carriers. This definition does not include satellite dish antennae less than one meter in diameter that only receive a signal and other receive-only antennae including a satellite earth station, any receive-only home television antenna or any accessory antenna as herein defined which does not exceed 35 feet in height.

Antenna, concealed communication means a communication antenna, as defined in this section, which is completely contained within a church steeple, cupola or similar structure and not visible from outside such structure.

Antenna, panel means a directional antenna that is a flat, rectangular device designed to concentrate a radio signal in a particular area.

Antenna, satellite dish means a device or structure used to transmit and/or receive radio, television or electromagnetic waves or signals between terrestrially and/or orbitally based uses through a reflective surface that is solid, open mesh or bar configured and generally in the shape of a shallow dish, cone or horn. This definition includes, but is not limited to, satellite earth stations, television- reception-only (TVROs) and satellite microwave antennae.

Antenna, whip means an antenna that is cylindrical in shape, less than six inches in diameter, up to 18 feet in height and transmits signals in a 360 degree direction. Commonly referred to as an omnidirectional, stick or pipe antennae.

Apartment means a room or suite of rooms in a building arranged, designed, and intended to be used as a housekeeping unit for a single family or a group of individuals living together as a family in separate dwelling units.

Assisted living facilities means establishments primarily engaged in providing residential and personal care services without on-site nursing care for the elderly or other persons who are unable to fully care for themselves. The care typically includes room, board, supervision, and assistance in daily living, such as housekeeping services.

Attached means as applied to buildings, "attached" means having a common wall and/or a common roof. See also "attached single family-villa", "duplex" and "townhome".

Auditorium means a room, hall or building made a part of a church, theater, school, recreation building or other building assigned to the gathering of people as an audience, to hear lectures, plays and other presentations, as well as participate in dances, dinners, expositions, bingos, etc.

Automotive repair shop means an establishment or place of business primarily engaged in the repair or customization of automobiles or other motorized vehicles, or the installation or repair of equipment or parts on motorized vehicles such as mufflers, brakes, tires, transmissions, glass, and engines or engine parts, but excluding dismantling or salvage.

Automotive sales and rental means an establishment or place of business primarily engaged in the sale, leasing or rental of automobiles, vans and/or trucks less than two tons, including incidental parking and servicing of vehicles available for sale, lease or rent. Uses may include U-Haul and other businesses that rent vehicles.

Automotive service or repair means A building and premises or portion thereof designed and used for the retail sale of gasoline or other automotive fuel, oil, and automotive parts, supplies, and accessories. A service station may include facilities for washing vehicles and for making minor automotive repairs.

Automotive (car) wash means a building or portion thereof containing facilities for washing, waxing, drying, polishing or vacuuming private automobiles, light trucks and vans, but not commercial fleets. For purposes of this chapter, coin operated devices operated on a self-serve basis shall be construed to be the same.

Balcony means a platform that projects from the wall of a building and is surrounded by a railing or parapet.

Bar or tavern means an establishment or place of business primarily engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises with a city and state approved liquor license, including taverns, bars, and cocktail lounges where more than 50 percent of the total revenue is generated by liquor sales.

Basement means a story having one-half or more of its height below the average level of the adjoining ground.

Bed and breakfast means an operator-occupied residence with no more than five guest rooms and in operation for more than ten nights in a 12 month providing accommodations to the abiding public who are lodged for compensation, with or without food service provided to guests only. Bed and breakfast establishments shall not include motels, hotels, boarding houses, guest

Billboard means a sign advertising a commodity, business, service, or event which meets the requirements of section 48-212(9).

Block means an area of land entirely bounded by streets, highways, barriers, or ways (except alleys, pedestrian ways, 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 zoning appeals means the joint planning and zoning commission shall serve as the city's board of zoning appeals.

Boarding house means a building or portion thereof, other than a hotel, motel, or apartment hotel, containing lodging rooms for three or more persons who are not members of the keeper's family, and where lodging and/or meals are provided by prearrangement and for definite periods.

Buffer strip means an area of land undeveloped except for landscaping fences, etc., used to protect a use situated on one lot from the deleterious effects of the use on the adjacent lot.

Building means any structure having a roof supported by columns or walls, and designed or intended for the shelter, support, enclosure or protection of persons, pets and personal property.

Building, enclosed means a building covered by a permanent roof and separated on all sides from adjacent open space or other buildings by fixed exterior walls or by common walls, with openings only for windows and doors.

Building height means the vertical distance measured from the average elevation of the proposed finish grade at the front wall of the building to the highest point of the roof.

Building line means the line nearest the front of and across a lot, delineating the minimum open space required between the front of a structure and the street right-of-way line.

Building, principal means a non-accessory building in which the principal use of the premises is conducted.

Bulk means any one or any combination of the following:

(1)

Size or height of structure;

(2)

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

(3)

Floor/area ratio;

(4)

Yards or setbacks;

(5)

Lot coverage.

Camping trailer means a trailer, not used commercially, designed to provide temporary living quarters for recreational camping or travel use and of a size or weight not requiring an over-dimension permit when towed on a highway.

Camping trailer park means a lot developed with facilities for accommodating camping trailers on a temporary basis. No camper, other than the camping trailer host, may stay at a camping trailer park for a duration of three consecutive months or more.

Cannabis cultivation center, licensed means 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.

Cannabis dispensary, medical means a facility operated by an organization or business that is licensed by the State of Illinois Department of Agriculture to acquire, store, and sell cannabis-infused products, and drug paraphernalia used to administer cannabis for medical purposes to a 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.

Cannabis dispensary, recreational means a facility licensed by the State of Illinois to acquire, store, sell, transport, and deliver cannabis, cannabis-infused products, and drug paraphernalia used for recreational purposes to a qualifying adult over the age of 18.

Cannabis infuser organization or infuser means 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 may be amended from time-to-time, and regulations promulgated thereunder.

Cannabis processing facility means 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.

Cannabis transporting facility means a facility 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. No cannabis shall be cultivated, processed, or stored overnight at a cannabis transportation facility.

Centerline means

(1)

The centerline of any right-of-way having a uniform width;

(2)

The original centerline, where a right-of-way has been widened irregularly;

(3)

The new centerline, whenever a road has been relocated.

Certificate of zoning compliance, initial means a permit issued by the administrator indicating that proposed construction work is in conformity with the requirements of this Code and may, therefore may be occupied or used, unless a separate occupancy permit is required.

Certificate of zoning compliance, final means a permit issued by the administrator indicating that a newly completed structure complies with all pertinent requirements of this Code and may, therefore, be occupied or used, unless a separate occupancy permit is required.

Child care center means a facility which regularly provides day care for less than 24 hours per day for four or more children not related to the operator. A child care center shall include the terms "day care center", "part day child care facility" and "day care home" or as defined by Illinois State Statutes.

Church and houses of formal worship means a building used by a religious institution that people regularly attend to participate in religious services, meetings and other customary, integrally related religious activities. The term "church" shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held.

Clinic means an establishment where licensed physicians or dentists practice medicine or dentistry, but where overnight lodging for sick or injured persons is not provided.

Club/lodge means a nonprofit association or persons who are bonafide 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.

Commercial use/establishment means any use or establishment wherein services are provided and/or goods are purchased or sold, whether to the consuming public (retail) or to other businesses (wholesale).

Commercial vehicle means any motor vehicle which is designed or used principally for business, governmental or non-profit organizational purposes or for carrying passengers for hire and has a platform, cabinet, box, rack, compartment or other facility for transportation of materials, equipment and items other than the personal effects of private passengers.

Communication tower (freestanding) means a freestanding structure designed for the support of one or more communications antennae and including guyed towers, self-supporting (lattice) towers or monopoles. Freestanding communication towers shall require a special use permit.

Communication tower (concealed) means any tower, column or similar structure concealed to look like a light or flag pole or similar or mounted on a building and exceeding 15 feet in height above the level of the roof at the point of attachment that is designed for support of one or more communication antennae.

Communication tower (amateur radio) means an antenna structure of 50 feet or less in height owned and operated by an amateur radio operator licensed by the Federal Communications Commission.

Comprehensive plan means the plan adopted by the city council, after recommendation by the joint planning and zoning commission and public hearing that guides and coordinates the physical and economic development of Trenton. The comprehensive plan includes, but is not limited to, plans and programs regarding the locations and general character of residential, commercial or industrial land uses, streets, public facilities and parks.

Convenience store means an establishment or place of business primarily engaged in the retail sale of gasoline or diesel fuel at fuel pumps and a limited number of products related to automobile maintenance, along with, packaged food, cold drinks, limited tobacco products and household convenience goods. A convenience store may include facilities for washing vehicles, bays for making minor automotive repairs, or drive-through restaurants when a special use permit is approved for such uses. this use shall not include "liquor stores", "vap./e cigarette shops", "tobacco shops", "automotive service stations or "automobile repair shop" defined elsewhere in this section.

Day care center. See "Nursery school."

Deck means an open porch which has no roof, is generally open on the sides, is above ground level, and its intended use is for leisure enjoyment.

Decorative fence means a non-obstructive fence, no greater than four feet in height, of approved design and materials. Picket, split-rail, and wrought iron fences are acceptable within this definition. Examples of unacceptable fence types include privacy, chain link, and welded wire.

Detached means as applied to buildings, "detached" means surrounded by yards on the same lot as the building.

Develop means to erect any structure or to install any improvements on a tract of land, or to undertake any activity (such as grading) in preparation therefor.

District zoning means 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 Code.

Driveway means a minor way commonly providing vehicular access to a garage or off-street parking area.

Drive through establishment means a place of business that through design, physical facilities, service or packaging procedures, encourages customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles. This definition shall include all drive-through establishments, including but not limited to; drive-in restaurants and cafes, drive through banks and any retail or commercial service establishment that conducts business via a drive-up window.

Dry cleaning and laundry pick-up means an establishment or business maintained for the pick-up and delivery of dry cleaning and/or laundry without the maintenance or operation of any laundry or dry- cleaning equipment or machinery on the premises.

Dust-free drive surfaces means drive or pedestrian use surfaces paved with one of the following methods: asphaltic concrete, cement concrete, penetration treatment of bituminous material and seal coat of bituminous binder and a mineral aggregate, or the equivalent as approved by the city administrator. Chip and seal is not a permitted dust-free drive surface unless otherwise approved by the city administrator.

Dwelling means a building or portion thereof designed or used primarily as living quarters for one or more families living independently of each other and doing their own cooking in the said building, dwellings on permanent foundations shall be treated in the same manner as conventionally constructed dwellings (see definition for modular and permanent foundation). A "dwelling unit" always includes a bathroom and a kitchen. The following words or terms associated with dwelling shall have the following meanings:

Dwelling, multiple-family: A building or portion thereof containing three or more dwelling units.

Dwelling, single-family: A detached dwelling containing one dwelling unit and intended for the occupancy of one family.

Dwelling, single-family attached duplex: Two single family attached dwellings situated on one lot occupied exclusively by two families, respectively, in separate dwelling units living independently of each other.

Dwelling, single-family attached (villa): Two single family attached dwellings situated on separate lots each with a private exterior entrance designed to be owned and occupied exclusively by separate families with no other dwelling unit located above or below another.

Dwelling, townhouse: A dwelling containing three or more attached single-family dwelling units on a single lot with private exterior entrance(s), and shared front, side and rear yards.

Dwelling unit: One or more rooms designed or used as living quarters by one family.

Figure 1: Dwelling Examples: Single-Family Detached &
Townhouse

Easement means a grant by a property owner allowing the use of a described area of land for specified purposes, where fee simple title to the land remains with the property owner.

Enlarge means 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.

Erect means to build or construct.

Essential governmental or public utility services means the erection, replacement, construction, alteration, or maintenance by public utilities or governmental departments, of underground or overhead gas, electrical, steam, water transmission or distribution systems, collection, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm

Establishment means either of the following:

(1)

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

(2)

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

a.

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

b.

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 means existing, constructed or in operation, on the effective date of this Code.

Extend means to increase the amount of floor area or land area devoted to an existing use.

Family means one or more persons who are related by blood or marriage, living together and occupying a single housekeeping unit with single kitchen facilities, or a group of not more than four unrelated individuals living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities, on a non-profit cost-sharing basis. A family shall under no circumstances be construed as a boarding house, fraternity or sorority house, club, lodging house, hotel or motel.

Farmers market means the offering for sale of fresh agricultural products directly to the consumer at an open-air market designated and approved by the city as a seasonal or temporary use.

Financial services means an establishment that performs central banking functions including accepting deposits and lending funds. Such establishment may include these services to patrons and customers through an accessory drive-through when permitted. Uses include banks; savings associations; savings and loan institutions; investment banking; brokerage for securities or commodities; credit reporting services; certified financial planning; accounting; auditing; bookkeeping; credit service offices, including credit unions; holding and investment services; savings and loans association offices; and consumer and mercantile credit reporting services. Financial services does not include pawn shops, businesses primarily engaged in check cashing or issuing money orders or title loan establishments or other businesses offering short-term consumer loans secured by personal property, certificates of title to such property estimated tax refunds or other such collateral; all of which are prohibited money changing/money brokering uses. (See also "Payday Loan" and "Title Loan" establishments").

Floor area, gross means as used in determining floor/area ratios and parking requirements, the sum of the gross horizontal areas of all leasable floors of a 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 all of the following means basement floors; attic floor space; halls, closets, stairwells; space devoted to mechanical equipment; enclosed porches.

Floor area ratio means the numerical value obtained by dividing the gross floor area of all buildings on a lot by the area of that lot. The floor/area ratio, as designated for certain districts, multiplied by the lot area in square feet determines the maximum permissible floor area of the building(s) on the

Food truck means a mobile, fully self-contained vehicle with valid State of Illinois registration that sells only food and/or beverages (non-alcoholic) and that utilizes no outside cooking area. Mobile food vendors which stop for less than or equal to 30 minutes at a single location shall not be considered food trucks.

Freight terminal means as applied to motor carriers subject to the Illinois Compiled Statutes, Chapter 625, Section 18c-1101 et seq., a station for commercial motor vehicles wherein said motor trucks are stored, repaired or parked.

Frontage means the lineal extent of the front (street-side) of a lot.

Garage, private means a detached accessory building or portion of a principal dwelling designed or used exclusively for the storage for one or more motor vehicles of the occupants of the premises. No private garage may be rented for commercial purposes.

Gasoline service station means any structure or land used for retail sales and dispensing of motor vehicle fuels or oils, whether self-service or not. A service station may furnish supplies, equipment and minor repair services, including tires, to vehicles incidental to selling and dispensing of motor vehicle fuels and oils.

Government means the act or process of administering public policy in a political unit; a political jurisdiction, the office or function thereof.

Guest house means an accessory use to a dwelling designed and intended for the temporary housing of visitors to a property at the invitation of the property residents for no fee or other consideration, and meeting or exceeding the standards for single-family dwellings. Guest houses shall not be occupied for more than three months within a 12 month period without a special use permit, occupancy permit and any fees as required by the council. See also bed and breakfast and short-term rentals (Air B&B/VRBO) definitions herein.

Health club or fitness center means a business that provides facilities for aerobic exercises, such as running and jogging tracks, exercise equipment, game courts, gymnasium, or swimming facilities.

Hardship means a situation in which the strict application of the provisions of this Code will result in a condition which is difficult for the person(s) so affected by the provisions to endure, and is not caused by actions of such person(s).

Hazardous substance means any chemical that poses a threat to human health or the environment if released in significant amounts. Federal statutes and regulations include descriptions and lists of hazardous substances. Materials are regulated as hazardous under Section 311(b)(2)(A) or Section 307(a) of the Clean Water Act, Section 12 of the Clean Air Act, Section 3001 of the Resource Conservation and Recovery Act, Section 102 of the Comprehensive Environmental Response, Compensation, and Liability Act, or Section 7 of the Toxic Substances Control Act. Title 40, Section 302.4 of the Code of Federal Regulations provides a list of designated hazardous substances.

Home occupation means any business, profession, or occupation conducted for gain or support entirely within a dwelling or on residential premises in conformity with the provisions of this Code. (See section 48-157).

Hospital means an institution providing medical and surgical care for both inpatients requiring overnight stay and outpatients. Hospital shall include medical service, testing, training, and research facilities.

Hotel means an establishment containing lodging accommodations designed for use by travelers or temporary guests. Facilities provided may include a common kitchen and dining area for use by guests, maid service, desk service, meeting rooms, restaurants, cocktail lounges, and similar ancillary uses. No cooking facilities shall be permitted in guest rooms.

Immobilized mobile home means as applied to a mobile home, "immobilize" means to remove the wheels, tongue and hitch and place on a permanent foundation.

Impervious coverage means the total ground area covered by all buildings, roofed or covered spaces, paved surface areas (i.e. walkways and driveways), and any other site improvements or structures contributing to run-off greater than would occur on the site in its natural state.

Industrial use, heavy means a use engaged in the basic processing, manufacturing, and storage of materials or products predominantly from extracted or raw materials, or a use engaged in the manufacturing process using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. Such uses include asphalt plants; oil and gas production; manufacture of cement, lime, gypsum and plaster of paris, chemicals and allied products, fabricated metal products, rubber and plastics products, stone, clay, glass and concrete products, and transportation equipment.

Industrial use, light means a use engaged in cutting edge and emerging technologies such as medical science and bio-medical engineering; microelectronics and electronic information technology; space science, aerospace and aeronautical technology; pharmaceutical, life science and biological engineering technology; energy science and new energy, high efficient energy conservation technology; ecology and environmental science; basic matter science and radiation science; data centers and server farms; uses engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, bottling, printing, fabrication, wood working, assembly, treatment, packaging, incidental indoor storage, sales and distribution of such products, but excluding basic industrial processing as described in the definition of "heavy industrial use".

Intensify means to increase the level or degree of.

Intersection means the point at which two or more public rights-of-way (generally streets) meet.

Invisible pet fence means an electronic system designed to keep a pet or other domestic animal within a set of predefined boundaries without the use of a visible barrier.

Joint planning and zoning commission means the commission appointed by the governing body to administer the planning and zoning regulations and serve as the city's zoning board of appeals as stipulated by the governing body and the Statues of the State of Illinois.

Junk yard means an open area of land and any accessory structures thereon that are used for buying, selling, exchanging, storing, baling, packing, disassembling, or handling waste or scrap materials. Such scrap materials include vehicles, machinery, and equipment not in operable condition or parts thereof, and metals, glass, paper, plastics, rags, and rubber tires. A lot on which three or more inoperable vehicles are stored shall be deemed a junk yard. A "junk yard" includes an automobile wrecking yard.

Kennel, commercial means any building, lot or structure used or intended to be used for the housing of dogs or domesticated animals over four months of age, not including domesticated livestock. Commercial activities may include, but need not be limited to, public boarding, wholesaling of dogs or domesticated animals and the sale of items or products related to dogs or domesticated animal care.

Kennel, private means any building, lot or structure used or intended to be used for the housing of dogs or domesticated animals, not including domesticated livestock. All dogs or domesticated animals kept must be owned or co-owned or under contract to the owner or lessor of the site.

Liquor store means an establishment or place of business primarily engaged in retail sale for consumption off the premises of alcoholic beverages. Uses include establishments licensed to sell liquor, beer or wine for off-site consumption where over 50 percent of the total sales receipts or over 50 percent of the gross floor area is related to the storage, mixing, display and/or retail sale of liquor, beer, wine or related products.

Loading space means an off-street space used for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.

Lot means a tract of land used or developed as a unit, under single ownership or under single control. A "lot" may or may not coincide with a "lot of record." The word "lot" shall include the word "plot," "tract," "zoning lot" or "parcel". The derivations of lot shall maintain the following definitions:

(1)

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

(2)

Lot, corner: A lot having at least two adjacent sides that abut for their full length upon streets. Both such side lines shall be deemed front lot lines.

(3)

Lot coverage: The portion of a lot that is occupied by buildings or structures, including accessory buildings. Lot coverage shall include all uses governed by a building permit, including but not limited to, above ground pools, in-ground pools, decks, covered patios, garages (detached and attached), sheds, car ports, porches and other similar items including covered patios, driveways, sidewalks, and parking areas. (See also "impervious surfaces")

(4)

Lot depth: The average horizontal distance between the front lot line and the rear lot line of a lot.

(5)

Lot, through: A lot having a pair of approximately parallel lot lines that abut two approximately parallel streets. Both such lot lines shall be deemed front lot lines. This definition shall include double frontage lots.

(6)

Lot line, front: The lot boundary abutting the street. In the case of a corner lot or double frontage lot, the front lot line shall be the lot line adjacent to the street that provides primary access to the lot or towards which the main building on the lot is oriented.

(7)

Lot line, rear: An interior lot line which is most distant from and most nearly parallel to the front lot line. The rear lot on corner lots shall be defined as the line most distant and most nearly parallel to either of the front lot lines as defined elsewhere in these definitions.

(8)

Lot line, side: Any boundary of a lot which is not a front lot line or a rear lot line.

(9)

Lot of record: An area of land designated as a lot on a subdivision plat recorded or registered with the county recorder of deeds, in accordance with state law.

(10)

Lot size requirement: Refers to the lot area, width, and depth requirements of the applicable district.

(11)

Lot size/bulk variance: A relaxation of the strict application of the lot size and/or bulk requirements applicable to a particular lot or structure. A lot size/bulk variance goes with the property when sold.

(12)

Lot width: The mean horizontal distance between the side lot lines of a lot measured at right angles to the depth; or the same distance measured at a point midway between the front lot line and the rear lot line; or at the rear line of the required front yard (building lines), especially on irregularly shaped lots.

Massage parlor means an establishment that is not licensed by the State of Illinois as a Massage Therapy establishment and that provides baths and body massages or either of them. Nothing herein contained shall apply to a licensed massage therapist or an establishment where massage therapy is practiced and certified to operate in Illinois.

Massage therapy establishment means an establishment licensed by the State of Illinois that employs certified massage therapists who provide therapeutic massage as defined in Illinois State Statutes. Any massage therapy business utilizing a massage therapist as defined in this section shall be considered a medical use and permitted as such in the city's commercial districts. The definition does not include establishments that offer illicit sexual services under the guise of therapeutic massage, see also "massage parlor".

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

Manufactured home means a structure designed for permanent habitation and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, from the place of its construction to the location or subsequent location at which it is intended to be a permanent habitation and designed to permit the occupancy thereof as a dwelling place for one or more persons. The term shall only include manufactured homes constructed after June 30, 1976, in accordance with the Federal "National Manufactured Housing Construction and Safety Standards Act of 1974". Compliance with this standard is indicated by a two-inch by four-inch metal plate attached to the exterior tail light end of the manufactured home. The average width and/or length of the living area (excluding garages, carports, porches, or attachments) of a manufactured home shall not exceed a ratio of three to one. As with all residences, a manufactured home shall have a minimum 3/12 pitch roof with residential style siding and roofing, six inch minimum eave overhang, and shall have a minimum living area of not less than 900 square feet.

Manufactured home lot means a parcel of land for the placement of a manufactured home and the exclusive use of its occupants.

Manufactured home pad means that part of an individual manufactured home space or lot beneath the manufactured home, including the concrete portion of the pad.

Manufactured home park means a tract of land under unified ownership which contain sites with the necessary utilities for two or more independent manufactured homes for permanent habitation either free of charge or for revenue purposes, and shall include any building, structure, vehicle, or enclosure used or intended for use as a part of the equipment of such manufactured home park. Neither an immobilized manufactured home nor a motorized recreational vehicle shall be construed as being a part of a manufactured home park.

Manufactured home park license means a permit issued by the administrator authorizing the operation of a manufactured home park in accordance with all applicable regulations.

Manufactured home sales area means a parcel of land used for the display, sale, and repair of new or used manufactured homes.

Manufactured home space means a portion of a manufactured home park designed for the use or occupancy of one manufactured home.

Mini-warehouses (self-storage) means a building or group of buildings consisting of individual, self- contained units leased to individuals, organizations, or businesses for self-service storage of personal property.

Mobile home means a structure designed for permanent habitation and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, from the place of its construction to the location or subsequent location at which it is intended to be a permanent habitation and designed to permit the occupancy thereof as a dwelling place for one or more persons. The term "mobile home" shall only include homes constructed prior to June 30, 1976 and not in accordance with the Federal "National Manufactured Housing Construction and Safety Standards Act of 1974".

Mobile home, double-wide means consists of two mobile units joined at the side into a single home, but kept on their separate chassis for repeated transportation to a site.

Mobile or portable marquee means a term used to describe any sign designed to be moved from place to place, including, but not limited to, signs attached to wood or metal frames designed to be self- supporting and movable; or paper, cardboard, or canvas signs wrapped around supporting poles.

Modular home means a manufactured residential structure built to a nationally-recognized and accepted construction standard published by the National Manufactured Home Construction and Safety Standards (HUD Code) or the International Building Code (IBC) and shall have a yellow seal in the shape of the State of Illinois on the electrical panel box of the home or on the inside of the kitchen sink cabinet. The average width and/or length of the living area (excluding garages, carports, porches, or attachments) of a modular home shall not exceed a ratio of three to one. All modular homes shall be placed in a full perimeter foundation, extending below the frost depth. All wheels and towing devices shall be removed. As with all residences, a modular home shall have a minimum 3/12 pitch roof with residential style siding and roofing, six inch minimum eave overhang, and shall have a minimum living area of not less than 900 square feet. All structures shall be placed on a permanent foundation in order that they may be assessed as real estate.

Motel means a building primarily offering transient lodging accommodations to the general public for compensation with access from each room to a readily accessible off-street parking area for use by the patrons of the building. This definition shall also include motor lodges and motor courts.

Noisome and injurious substances, conditions and operations:

(1)

Creation of unreasonable physical hazard, by fire, explosion, radiation or other cause, to persons or property.

(2)

Discharge of any liquid or solid waste into any stream or body of water or into any public or private disposal system or into the ground, so as to contaminate any water supply, including underground water supply. Emission of smoke, measured at the point of emission, which constitutes an unreasonable hazard to the health, safety, or welfare of any person(s).

(3)

Maintenance or storage of any material either indoors or outdoors so as to cause or to facilitate the breeding of vermin.

(4)

Fly ash or dust which can cause damage to the health of persons, animals, or plant life or to other forms of property, or excessive soil, measured at or beyond the property line of the premises on which the aforesaid fly ash or dust is created or caused.

(5)

Creation or causation of an unreasonably offensive odors discernible at or beyond any property line of the premises on which the aforesaid odor is created or caused.

(6)

Creation or maintenance of any unreasonable reflection or direct glare, by any process, lighting or reflective material at or beyond any property line of the premises on which the reflective or direct glare is created or caused.

(7)

Creation or maintenance of any unreasonably distracting or objectionable vibration and/or electrical disturbances discernible at or beyond any property line of the premises on which the aforesaid vibration or electrical disturbance is created or maintained.

(8)

Any public nuisance.

Nonconforming means as applied to a lot, structure, or use, "nonconforming" means: lawfully existing on the effective date of this Code, but not in compliance with the applicable provisions this chapter.

Nuisance means any condition, conduct, or thing 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 means a retail establishment that sells gardening supplies, landscaping tools, plants, shrubs, trees and associated products. Uses shall include green houses, garden centers and plant nurseries.

Nursery school means an establishment for the part-time care and/or instruction (at any time of day) of four or more unrelated children of predominantly pre-elementary or elementary school age.

Nursing, convalescent or retirement home means an intermediate care facility primarily engaged in providing inpatient nursing and rehabilitative services to residents who require watchful care and medical attention or treatment, but not on a continuous basis, although staff is on duty 24-hours per day.

Office, studio or lab means any building, or portion thereof, in which the business (usually clerical and administrative affairs) of a commercial/service enterprise or professional person is transacted. Uses shall include corporate offices, medical, pharmaceutical or biomedical labs, information technology (IT), public relations service, direct mail or advertising agency, employment or personnel agency, manufacturer's representative office, management services, insurance agents, brokers, carriers, and services, security service office, trade union office, travel agency, dance, art, or photography studio or other general business office with no retail activity.

Official map-future land use means the portion of the master plan which designates land necessary for public facilities or uses. It shall include streets, alleys, public ways, parks, playgrounds, school sites and other public grounds and ways for public service facilities within the whole area included within the official comprehensive plan. It can be one or more separate geographical or functional parts or include all or any part of the contiguous, unincorporated area under the planning jurisdiction of the city.

Off-street parking area means land that is improved 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 a principal use or an accessory use.

Off-street parking space means an area at least 20 feet long and ten feet wide within an off-street parking area or garage, used for the storage of one passenger motor vehicle.

Overlay district means a zoning district superimposed over one or more standard (primary) zoning districts or portions thereof for the purpose of revitalizing areas of disinvestment or controlling developmental problems caused by such factors as steep slopes, wet soils, flooding, etc.

Outdoor display area means a portion of a property outside of any building where merchandise, goods or other items are placed in public view for the purpose of direct sale or lease to customers.

Outdoor storage means the keeping in an unroofed area of any goods, material or merchandise in the same place for more than 24 hours unless such goods, material or merchandise have been authorized through the issuance of a permit for a temporary outdoor display or temporary seasonal display and sales. The parking of motor vehicles which are used in the operation of a commercial establishment shall not be considered outside storage. See also "automobile sale and rental".

Pawnbroker or pawnshop means an establishment, individual or business entity which lends money on the deposit or pledge of physically delivered personal property, other than property the ownership of which is subject to a legal dispute, securities, printed evidence of indebtedness or printed evidence of ownership of the personal property, or who deals in the purchase of such property on the condition of selling the property back again at a stipulated price. The business of a pawnbroker does not include the lending of money on deposit or pledge of title to property.

Payday loan establishment means an establishment that engages in transactions in which a short-term cash advance is made to a consumer in exchange for a customer's post-dated check in the amount of the advance plus a fee, or in exchange for a consumer's authorization to debit a transaction account in the amount of the advance plus a fee at a designated future date. Uses also include check cashing stores. The classification does not include a state or federally chartered bank, savings association, credit union, or industrial land company. Further, this classification does not include establishments selling consumer goods where the cashing of checks or money orders is incidental to the main purpose of the business.

Patio means an at-grade paved area without any walls usually adjacent to a building, and which is intended to be used as an outdoor lounging, dining, or entertaining area.

Permanent foundation means a permanent support for buildings that are constructed of conventional foundation materials such as concrete or cement blocks. The foundation footing shall extend below the frost line.

Permanent habitation means occupying or habiting the same dwelling for a period of two or more months.

Permitted uses means any use which is or may be lawfully established in a particular zoning district(s), provided it conforms with all the requirements applicable to said district(s).

Person means any individual, firm, association, organization, or corporate body.

Plan means the geographical and topographical maps, engineering and architectural drawings and specifications, and other information indicating the location and nature of a development.

Planned development project means a development wherein, in accordance with an approved development plan, common open space is reserved, various housing types and other structures and uses may be mixed, and where the overall average density does not exceed the underlying conventional zoning district limit.

Planned unit development means a tract of land which is planned as a whole for development under single ownership or control in accordance with this Code, and which, by virtue of such unified planning and development, provides greater amenities, convenience, or other benefits (especially open space) than would normally be had through the development of diverse smaller tracts under multiple ownership. A planned unit development may be a planned unit commercial or planned unit residential development.

Pole barn means a typically metal clad structure most often utilizing wooden poles and trusses for support with unfinished, insulated interiors. Such structures are normally used for agricultural purposes, for

Porch means a structure attached to a building to shelter an entrance or to serve as a semi-enclosed space, usually covered with a roof, generally open-sided, and usually large enough to allow seating devices.

Premises means a lot and all the structures and uses thereon.

Principal building/structure/use means the main structure erected on or the main use occupying a lot, as distinguished from an accessory (subordinate) structure or use.

Private street means any street providing access to abutting property that is not maintained by and dedicated to a unit of government.

Public buildings means any building or facility owned, operated, constructed or maintained at the expense of the public or a building which provides a service or function necessary for the general health, welfare, and convenience of the public. Wireless communication facilities as defined herein are not included in this definition.

Public open space means any publicly-owned open area, including, but not limited to the following: Parks, playgrounds, forest preserves, beaches, waterways, parkways and streets.

Public utilities means utilities which are either government-owned or owned by an established firm serving a wide geographical area and/or a substantial number of persons.

Public utility services means services used for or in connection with the production, storage, transmission, sale, delivery or furnishing of heat, cold, power, electricity, water or light except when used solely for communications purposes. For the purposes of the plan, facilities designed or intended to be used for the transmission of telephone messages or any other form of telecommunications are NOT Public Utility Services.

Reconstruct means as applied to nonconforming structures, "reconstruct" means to rebuild after partial destruction.

Recreational vehicle means every camping trailer, motor home, mini motor home, travel trailer, truck camper or van camper used primarily for recreational purposes and not used commercially nor owned by a commercial business. The definition includes, but is not limited to, motorcycles, mopeds, scooters, travel trailers, truck campers, camping trailers, boats, personal watercraft, snow mobiles, go-carts, tent trailers, fifth-wheel trailers, and self-propelled motor homes. Recreational vehicle does not include manufactured home or mobile home. (625 ILCS 5/1-169)

Recreational vehicle (RV) park. See "Camping trailer park".

Refuse means garbage (food wastes) and trash, but not sewage or industrial wastes.

Relocate means to move to another portion of a lot or to a different lot.

Renewable energy systems means:

(1)

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

(2)

Ground mounted solar energy system: A solar energy system that is not attached to another structure and is affixed to the ground.

(3)

Ground mounted wind energy system: A wind energy system that is not attached to another structure and is affixed to the ground with a monopole tower.

(4)

Renewable energy systems: Equipment and appurtenances used in the production of energy through the conversion of sun and wind energy which includes solar energy and wind energy systems.

(5)

Roof mounted solar energy system: A solar energy system affixed to either a principal or accessory structure on a lot.

(6)

Roof mounted wind energy system: A wind energy system affixed to the roof of a principal or accessory structure on a lot.

(7)

Solar energy collector: The component of a solar energy system containing the flat plate or tube or other devices that absorb energy from the sun when exposed to sunlight.

(8)

Solar energy equipment: The solar energy collectors, electronics, disconnects, valves, and other appurtenances associated with a solar energy system.

(9)

Solar energy system: A building or ground-mounted photovoltaic, hot air, or hot water collector device or other type of energy system which relies upon solar radiation as the source for the generation of electricity or transfer of stored heat.

(10)

Wind energy system: A wind energy conversion system consisting of a wind turbine, freestanding or attached to a structure, and associated control or conversion electronics; provided, however, that wind energy systems in the city shall be limited to those which have a rated capacity of ten kilowatts or less and are used for on-site consumption.

(11)

Wind turbine: The blades and associated components mounted on top of a tower whose purpose is to convert kinetic energy of the wind into rotational energy used to generate electricity.

Repair means to restore to sound condition, but not to reconstruct.

Residence means A site-constructed building designed for use as a residence. The average width and/or length of the living area (excluding garages, carports, porches, or attachments) of a residence shall not exceed a ratio of three to one. All residences shall be placed on a full perimeter foundation extending below the frost depth, have a minimum 3/12 pitch roof with a six inch minimum eave overhang, clad with residential style siding and roofing, and a minimum living area of not less than 900 square feet. All residences shall be built in conformity with latest version of the International Building Code adopted by the city.

Restaurant, general means an establishment or place of business primarily engaged in the preparation of full course meals served on premise, with complete kitchen facilities for preparation of the food sold, and where alcoholic beverages may be sold in conjunction with meals, or at a bar within the restaurant, provided that more than 50 percent of the revenue generated at the restaurant is related to food sales. Uses include buffets, cafeterias, cantinas, barbeques, hamburger shops, pizza bakeries, chili parlors, diners and steak houses where more than 50 percent of the revenue generated is from food

Restaurant, limited means a use engaged in the preparation and retail sale of food and beverages, excluding alcoholic beverages. Uses include soda fountains, cafes, diners, grills, ice cream parlors, pizza parlors, chili parlors, hamburger shops, sandwich (sub) shops, coffee shops or snack shops, take-out only establishments and that do not include restaurants that serve alcoholic beverages, include a drive-through. (Fast food restaurants with a drive-through are classified under "drive through establishments" in the land use table.)

Retail means refers to the sale of goods and services directly to the consumer rather than to another business.

Right-of-way, public means a strip of land which the owner/subdivider has dedicated to the city or to another unit of government for streets and alleys.

Satellite dish means any parabolic/dish-type apparatus, external to or attached to the exterior of a building or structure, capable of receiving, for the benefit of the principal use, television or radio signals. Satellite dishes are considered an accessory use.

Screening means trees, shrubs, walls, solid fences, etc. used as a means of view and noise control.

Semi-finished materials means materials which have been sufficiently processed at heavy industrial facilities so that they are no longer in their raw state, but are readily usable by light industry for assembly or manufacture into consumer goods.

Setback means the minimum horizontal distance between the front, rear or side lines of the lot and the front, rear or side lines of the building including porches, carports and accessory uses subject to yard encroachment provisions of the city's zoning ordinance.

Short-term rental (Air B&B and VRBO) means the ongoing use and occupancy of a legally existing, owner-occupied single-family residence in the city's SR-1 and SR-2 zoning districts for less than 30 days and shall require a business license, registry of renters, a special use permit regulating the frequency of use, occupancy, and any other requirements or fees as determined by the city council.

Sight distance triangle means the triangular area of a corner lot bound by the property lines and a line connecting the two points on the property lines 30 feet from the intersection of the property lines in which no obstruction, whether natural or man-made, shall intrude into the air space that is between two and ten feet above the level of the adjacent street; this area is known as the clear vision area. See Figure 4.

Sign means any object, device, display or structure or part thereof used to advertise, identify, display or attract attention to a person, establishment, product, service or event by any means including words, letters, figures, designs, symbols, fixtures, colors, illuminations, etc. The term "sign" includes, but is not limited to, every projecting sign, freestanding sign, awning, canopy, marquee sign; changeable copy sign, illuminated sign; moving sign, temporary sign; portable sign; or other display whether affixed to a building or erected elsewhere on the premises. The term "sign" excludes features of a building which are an integral part of the building's design (e.g., the "castle-look" of a White Castle restaurant).

Sign, canopy/marquee means any sign affixed to, painted on, or suspended from an owning, canopy, marquee or similar overhang.

Sign, flush-mounted means any sign attached to or erected against a wall of a structure with the exposed face of the sign in a plane approximately parallel to the plane of the wall and not projecting more than 18 inches. A flush-mounted sign displays only messages associated with the building to which said sign is attached.

Sign, freestanding means any sign supported by one or more uprights, poles, or braces placed in or upon the ground; or any sign supported by any structure erected primarily for the display and support of the sign; provided that a freestanding sign displays only messages associated with the structure to which it is attached.

Sign, projecting means any sign which is suspended from or supported by a wall, awning, canopy, marquee, etc., and which is approximately perpendicular thereto. A projecting sign displays only messages associated with the structure to which it is attached.

Sign area means the entire area within a single, continuous perimeter enclosing the extreme limits of the message and the background thereof, calculated in accordance with the provisions of this Code.

Sign area allowance means the maximum total sign area of all signs that an establishment is permitted

Skirting means the covering affixed to the bottom of the exterior walls of a mobile home to conceal the underside thereof.

Special use means 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 when special conditions are applied on a case by case basis. Special uses must meet special standards not necessarily applicable to permitted uses in the district, and are allowed only by special use permit. A public hearing before the joint planning and zoning commission shall be conducted for each special use permit. Following the public hearing, the commission shall issue an advisory report to the city council including the commission's recommendation and findings of fact for each application. After review of the commission's advisory report, the city council may approve, approve with conditions or deny the application.

Stable means a structure, situated on the same lot as a dwelling, and designed or used for housing horses for the private use of occupants of the dwelling, but not for hire.

Stoop means a small porch which is usually not covered with a roof and which is primarily used to provide access to the adjoining building.

Stop order means a type of corrective action order used by the administrator to halt work in progress that is in violation of this Code.

Stealth communications tower means a communication tower as defined in this section which is designed to blend in with the surrounding environment and which conceals all communication antennae and other equipment from view. A stealth communication tower may be designed to resemble a flagpole or other object.

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

Street line means the street right-of-way line abutting a lot line.

Structure means anything constructed or erected on the ground, or attached to something having fixed location on the ground. All buildings are structures, but not all structures are buildings.

Solar. See "Renewable energy systems".

Tattoo establishment means a place wherein tattooing, branding or body piercing on the body of another person is performed. For purposes of this definition:

(1)

Tattoo: shall mean one or more of the following:

a.

An indelible mark made on the body of another person by the insertion of a pigment under the skin and shall include permanent make-up procedures; or

b.

An indelible design made on the body of another person by production of scars other than by branding;

(2)

Body piercing: The perforation of human tissue other than an ear for a nonmedical purpose; and

(3)

Branding: Making a permanent mark on human tissue by burning with a hot iron or other instrument.

Telecommuting means working in the home by using a computer terminal or other terminal connected by a telephone line or by other means to a central office or central computer.

Temporary use permit means a use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

Title loan establishment means any person, entity or business that lends money to a borrower and in exchange retains physical possession of the state-issued certificate of title to the personal property of the borrower.

Tobacco store means a business establishment for which more than 50 percent of the gross floor area is dedicated to the storage, display and/or retail sale of tobacco products such as cigars, pipe tobacco and cigarettes. This definition includes the sale of tobacco accessories such as lighters, matches, cigarette holders, and devices used to preserve tobacco, cigars or cigarettes, which are merely incidental to the sale of tobacco products. This business may also sell electronic cigarette devices, nicotine-enriched solutions and/or liquid products that are manufactured for use with e-cigarettes provided said products or use is not more than 25 percent of the gross floor area used for retail display or merchandise or 25 percent of the total sales. No tobacco store shall be located within 750 feet of any property zoned and/or used for residential purposes, religious institutions, public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home.

Topography means the relief features or surface configuration of an area.

Toxic means describing a material that can cause acute or chronic damage to biological tissue following physical contact or absorption.

Trailer means every vehicle without motive power in operation, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.

Use means the purpose or activity for which land or a structure thereon is designed, arranged, intended, occupied, or maintained.

Use variance means a type of amendment that allows a use in a district where said use would not be allowed under existing provisions of this Code.

Utility substation means a secondary utility facility such as an electrical substation, gas regulator station, telephone exchange facility, sewage treatment plant, etc.

Vacant building means it is considered vacant if it changes ownership and no residence. It is not vacant if there is intent to return.

Vacant lot as applied to a lot, means that no structure is situated thereon.

Vaporizer (Vap)/Electronic (E-Cig) cigarette means any device that uses an device that allows users to inhale vapor or other vapor without the use of This definition shall include, but is not limited to, juul pods, electronic cigars, or electronic pipe, and any cartridge or other component of the device or related products including any liquid products that are manufactured for use with e-cigarettes.

Vaporizer (Vap)/Electronic (E)-cigarette store means a business establishment for which more than 50 percent of the gross floor area is dedicated to the storage, mixing, display and/or retail sale of electronic cigarette devices, Juul pods and other similar vaporizers, nicotine-enriched solutions and/or liquid products that are manufactured for use with e-cigarettes. No vaporizer (Vap)/Electronic (E)-cigarette store shall be located within 750 feet of any property zoned and/or used for residential purposes, religious institutions, public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home.

Variance means a modification of the application of the lot size, setbacks, or other bulk requirements applicable to a particular lot or structure by the joint planning and zoning commission in accordance with the procedures established by this chapter and provided such action will not be contrary to the public interest and where, due to conditions peculiar to the property and not the result of actions or the situation of the applicant, a literal enforcement of the Code would result in unnecessary hardship.

Vehicle, inoperative means any wrecked, disabled or damaged motor vehicle. Any one of the following conditions shall be deemed prima facie evidence that a vehicle is inoperable:

(1)

Placement of the vehicle or parts thereof upon jacks, blocks, chains or other supports;

(2)

Absence of one or more parts of the vehicle necessary for the lawful operation of the vehicle upon the streets and highways;

(3)

A vehicle that is not properly registered as required by law.

Vehicle, motor means any passenger vehicle, motorcycle, recreational vehicle, truck, trailer truck, or semi-trailer that is propelled or drawn by mechanical power.

Vessel or watercraft means every description of watercraft used or capable of being used as a means of transportation on water, except a seaplane on the water, inner tube, air mattress or similar device, and boats used for concession rides in artificial bodies of water designed and used exclusively for such concessions. (625 ILCS 45/1-2)

Vested rights means the right to undertake and complete the development and use of property under the terms and conditions provided herein or as provided in the governing ordinance and/or other agreement authorizing the development and use of property.

(1)

For the purpose of single-family residential development in the city's residential districts, development rights for land shall vest upon recording of the final plat for such land. If construction has not begun within one year of recording the plat, the development rights shall expire unless an extension is granted.

(2)

For all non-single-family development, development rights for land shall vest upon the approval of a site plan or subdivision plat (if required), improvement plans and building permit for such land. If permits required for such development have been issued and substantial amounts of work under the validly issued permits has not begun within one year of approval of the site plan, the development rights shall expire unless an extension is granted.

(3)

The planning commission may for good cause as presented by the applicant grant a single extension of vested rights. Vested rights for single-family development shall not be extended for more than one year. For all non-single-family development, an extension of not more than six months may be granted. Applicants seeking an extension shall submit a statement in writing, justifying the extension.

Veterinary clinic (animal hospital) means an establishment where small animals, such as household pets, are given medial or surgical treatment and cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and shall be only incidental to such hospital use.

Video gaming—Accessory use means a bar, gas stations, restaurant or private club (i.e. Elks Lodge, American Legion, Veterans of Foreign Wars, etc.) possessing a liquor license may offer video gaming as an accessory use provided that more than 50 percent of total revenues come from the sale of food and alcohol consumed on the premises. Additional requirements include;

(1)

A licensed video gaming establishment may operate up to that allowed by state law, as amended from time to time.

(2)

The lot in which a licensed video gaming establishment is located shall be at least 100 feet from a lot containing a school, places of worship or other licensed gaming operation measured from the edge of the lot line of said uses.

(3)

No patron under the age of 21 shall be permitted in an area dedicated for video gaming.

(4)

Payment of an annual permit fee of $2,000.00 due upon application for issuance and renewal. Permit shall be for not longer than a one-year period and comply with Ordinance No. 1514 dated 5/5/2012 and all applicable state laws. The $2,000.00 special use video gaming permit fee is required to cover administrative costs with any surplus funds applied to future beautification improvements at the discretion of the city council.

(5)

Any additional requirements and fees as determined by the city council.

Video gaming parlors—Principal use means an establishment or a business whose primary purpose is to operate video gaming terminals as defined under the Illinois Video Gaming Act. This shall include uses where more than 50 percent of the total revenue is generated by video gaming and/or uses where the percentage of gross finished floor area devoted to video gaming or related activities is over 50 percent.

Walk-up establishment means a commercial establishment offering its customers to park and leave their vehicle briefly to purchase food, ice crème, coffee, and other non-alcoholic beverages with no space for customers within the establishment.

Warehouse-mini (self-storage) means a building or group of buildings consisting of individual, self-contained units leased to individuals, organizations, or businesses for self-service storage of personal property.

Wholesale means an establishment primarily engaged in the storage or sale of materials, equipment, or products for sale to wholesalers or retailers. Typical uses include cold storage, warehousing, and general storage facilities, but exclude mini-warehouse-mini (self-storage) defined below and the sale of goods to the general public. See also "industrial, light".

Window sign means any sign visible from the exterior of a building or structure which is painted directly on the surface of a window or affixed to or suspended immediately behind the window for the purpose of informing passersby of the identity of the proprietor or business, or of the product or service which can be obtained on the premises.

Yard means open space that is unobstructed except as specifically permitted in this Code and that is located on the same lot as the principal building. The various definitions for "yard" shall include the following definitions:

(1)

Yard, front: A yard which is bounded by the side lot lines, front lot line and the building line. On corner lots, all yards that abut a street are considered front yards.

(2)

Yard, rear: A yard which is bounded by side lot lines, rear lot lines, and the rear yard line.

(3)

Yard, side: A yard which is bounded by the rear yard line, front yard line, side yard line, and side lot line.

(4)

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

Zoning board of appeals (joint planning and zoning commission) means the commission appointed by the mayor with approval of the city council authorized to conduct public hearings required to be held in connection with applications for special use, variation, amendment or other change to the city zoning code, to hear and decide appeals, and review any order, requirement, decision or determination made by an administration official charged with the enforcement of the city zoning code.

Zoning district map means a graphic depiction showing the districts deemed by the city council to be best suited to carry out the purposes of Illinois State Statues (65 ILCS Sec. 5/11-13-1) and within such districts are regulations for the erection, construction, reconstruction, alteration or use of buildings, structures or land.

(Ord. No. 1769, § 1(Att. 48.2.2), 9-21-2020; Ord. No. 1797, § 2A.—C., 5-23-2022)