This chapter shall be known, cited and referred to as the City of Galena Zoning Code, as referred to herein, where it shall be known as "this code".

(Ord. O-05-04, passed 4-11-05)

   This code is enacted pursuant to the authority granted by the Illinois Compiled Statutes and Article VII, Section 6 of the Illinois Constitution of 1970. Statutory references are provided within the body of this code solely as a means of assisting the reader. Such references are not to be considered as all inclusive and shall in no manner be construed so as to limit the application or interpretation of this code.

(Ord. O-05-04, passed 4-11-05)

   In enacting this code, special attention has been given to ensuring a direct relationship of these regulations to the City of Galena's Comprehensive Plan. The general intent of this code is to implement certain goals and objectives of the Comprehensive Plan which are best addressed through zoning and other land development regulations, as enabled by the Illinois Compiled Statutes and Article VII, Section 6 of the Illinois Constitution of 1970.

(Ord. O-05-04, passed 4-11-05)

   (A)   Rationale. Throughout this code, paragraphs labeled Rationale are included to ensure a complete understanding of the purpose and reasoning of the city in adopting that particular portion of this code. Each Rationale is intended as an official statement of the legislative findings or purposes and shall be treated in the same manner as other aspects of legislative history and shall serve to guide the administrative and judicial interpretation of this code. The specific rationale expressed in each Rationale section is not intended to be exhaustive, and other non-explicit rationale may also be applicable.

   (B)   Appearance of ordinance text. The underlined, boldfaced, italicized, alternative point-sized, and/or capitalized typefaces used in this code are inserted only for convenience, and are in no way to be construed as part of the provisions of this code or as a limitation of the scope of the particular sections or subsections to which they refer.

(Ord. O-05-04, passed 4-11-05)

   This chapter is adopted for the following general purposes, to:

   (A)   Divide the city and such adjacent unincorporated areas as permitted by statute into zoning districts and regulating within these the location, erection, construction, reconstruction, alteration, and use of buildings, structures, and land;

   (B)   Regulate the intensity of the use of lot areas and to control the areas of open space around such buildings or structures so as to provide adequate light, air, privacy, convenience of access, and the protection of the public health;

   (C)   Protect and preserve the character, value, and stability of the residential, business, industrial, agricultural, and public areas within the city and such adjacent unincorporated areas as may be permitted by state statutes, and to promote the orderly and beneficial development of such areas;

   (D)   Prohibit uses, buildings, or structures incompatible with, or deleterious to the character of development or intended uses within specified zoning districts;

   (E)   Prevent additions to, and alterations and remodeling of, existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed hereunder;

   (F)   Limit congestion of public streets and protect public health, safety, pedestrian rights, convenience and general welfare by regulating vehicular parking areas and loading areas;

   (G)   Provide for the gradual elimination of nonconforming uses of land, building, and structures which are adversely affecting the character, the intended use, or the value of desirable development as specified for each district;

   (H)   Designate public areas and land for aesthetic, cultural, and recreational purposes for the health, welfare, comfort, safety, and enjoyment of people, conveniently located and easily accessible to residents of all ages;

   (I)   Secure safety from fire, explosives, noxious fumes, panic, and other dangers in the interest of public health, safety, comfort, and general welfare;

   (J)   Conserve the taxable value of land and buildings throughout the city;

   (K)   Provide penalties for violation of this chapter as may be permitted by state statutes;

   (L)   Define and limit the powers and duties of the administrative officers and bodies as provided herein so as to insure the rights of equal treatment, due process, and the public interest and in accordance with state statutes;

   (M)   Accommodate change while insuring the continuation of the city's historical character, identity, diversity, and authenticity;

   (N)   Attain the objectives established by the Comprehensive Plan for the future development of the city;

   (O)   Control flood plain uses such as fill, dumping, storage of materials, structures, buildings, and any other works which acting alone or in combination with other existing or future uses will cause damaging flood heights and velocities by obstructing flows and reducing valley storage;

   (P)   Control development which will, when acting alone or in combination with similar development, cause flood losses if public streets, sewer, water, and other utilities must be extended below the flood level to serve the development;

   (Q)   Control development which will, when acting alone or in combination with similar development, create an additional burden to the public to pay the costs of rescue, relief, emergency preparedness measures, sandbagging, pumping, and temporary dikes or levees; and

   (R)   To insure and facilitate the preservation of sites, areas and structures of historical, architectural and aesthetic importance.

(Ord. O-05-04, passed 4-11-05)

   It is hereby declared to be the intention of the City Council that the several provisions of this code are separable in accordance with the following:

   (A)   If any court of competent jurisdiction shall adjudge any provision of this code to be invalid, such judgment shall not affect any other provisions of this code not specifically included in said judgment.

   (B)   If any court of competent jurisdiction shall adjudge invalid the application of any portion of this code to a particular property, water body, building, or structure, such judgment shall not affect the application of said provision to any other property, water body, building, or structure not specifically included in said judgment.

   (C)   If any requirement or limitation attached to an authorization given under this code is found invalid, it shall be presumed that the authorization would not have been granted without the requirement or limitation and, therefore, said authorization also shall be invalid.

   (D)   The city does not guarantee, warrant, or represent that only those areas designated as floodlands will be subject to periodic inundation and hereby asserts that there is no liability on the part of the city, its officers, employees, agents, or representatives for any flood damages, sanitation problems, drainage problems or damages, or structural damages.

(Ord. O-05-04, passed 4-11-05)

   It is not intended that this code abrogate or interfere with any constitutionally protected vested right. It is also not intended that this code abrogate, repeal, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations or permits previously adopted or issued pursuant to law.

(Ord. O-05-04, passed 4-11-05)

   (A)   In their interpretation and application, the provisions of this code shall be held to be the minimum requirements for the promotion of public health, safety, morals and welfare, and shall be liberally construed in favor of the city and shall not be construed to be a limitation or repeal of any other power now or hereafter possessed by the city.

   (B)   Where property is affected by the regulation imposed by any provision of this code and by any other governmental regulations, the regulations which are the most restrictive or which impose higher standards or requirements shall prevail. Regardless of any other provision of this code, no land shall be developed or used, and no structure erected or maintained in violation of any state or federal regulations.

   (C)   No structure, land, water or air shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a building permit except those specifically exempted by the Building Code and without full compliance with the provisions of this code and all other applicable local, county and state requirements.

   (D)   Nothing herein contained shall require any changes in plans, construction, size or designated use of any building or part thereof, for which a zoning certificate or building permit has been issued before the effective date of this code and the construction of which shall have been started within six months from the date of such permit.

   (E)   Except as provided in § 154.106, under provisions for nonconforming uses, § 154.107 under provisions for nonconforming sites and structures, and § 154.105 under provisions for nonconforming lots, no building, structure, development or premises shall be hereinafter used or occupied and no applicable permit granted, that does not conform to the requirements of this code.

   (F)   In cases of mixed-occupancy or mixed-use, the regulations for each land use shall apply to the portion of the structure or land so occupied or so used.

   (G)   Except for outlots authorized under Chapter 153, the city Subdivision Ordinance, to contain permanently protected green space area, no yard or other open space shall be considered as providing a yard or open space for a building or structure on any other lot.

(Ord. O-05-04, passed 4-11-05)

   This code is applicable to all territory located within the corporate limits of the city, and all properties within one and a half miles of the city limits (city's extraterritorial area) that are not subject to zoning regulations promulgated by Jo Daviess County.

(Ord. O-05-04, passed 4-11-05)

   (A)   This code, in part, carries forward by re-enactment some of the provisions of the regulations governing zoning and related matters, being previously known collectively as the "Galena Zoning Ordinance," Chapter 154 of the Code of Ordinances for the City of Galena, adopted prior to the effective date of this code. It is not the intention of this code to repeal, but rather to re-enact and continue in force such existing provisions so that all obligations and responsibilities that have accrued thereunder are preserved and may be enforced, unless explicitly surrendered by specific provisions of this code or altered by the official zoning map.

   (B)   All provisions of Chapter 154 which are not re-enacted herein are hereby repealed.

   (C)   The adoption of this code shall not adversely affect the city's right to prosecute any violation of the predecessor zoning ordinance provided the violation occurred while the ordinance was in effect.

(Ord. O-05-04, passed 4-11-05)

   All plans approved under previous zoning regulations shall be valid and may be used to obtain permits for a period of not more that one year after the effective date of this code, except where subject to the provisions of an executed development agreement. This code shall become effective upon passage and publication according to law, following the date of repeal and re-enactment of the official zoning map.

(Ord. O-05-04, passed 4-11-05)

   The purpose of §§ 154.012 through 154.015 is to define words, terms and phrases contained in this code which are essential to the understanding, administration and enforcement of this code, and which are not part of common English usage.

(Ord. O-05-04, passed 4-11-05)

   The interpretation of this code shall abide by the provisions and rules of this section, except where the context clearly requires otherwise, or where the result would clearly be inconsistent with the manifest intent of this code.

   (A)   Words used or defined in one tense or form shall include other tenses and derivative forms.

   (B)   Words in the singular number shall include the plural number, and words in the plural number shall include the single number.

   (C)   The masculine gender shall include the feminine, and vice versa. The words SHALL, MUST and WILL are mandatory.

   (D)   The words MAY, CAN and MIGHT are permissive.

   (E)   PERSON includes individuals, firms, corporations, partnerships, associations, trusts, and any other legal entity.

   (F)   CITY shall mean the City of Galena, Illinois.

   (G)   COUNTY shall mean the County of Jo Daviess, Illinois.

   (H)   STATE shall mean the State of Illinois.

   (I)   BOARD shall mean the City of Galena Zoning Board of Appeals.

   (J)    COUNCIL and CITY COUNCIL shall refer to the City of Galena City Council.

   (K)   If there is any ambiguity between the text of this code and any caption, illustration, or table, the text shall prevail.

(Ord. O-05-04, passed 4-11-05)

   The following abbreviations in this chapter are intended to have the following meanings:

 

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ABUTTING. Having a common border with.

   ACCESS. A means of vehicular or non-vehicular approach, entry to or exit from a property, street or highway.

   ACCESS, DIRECT. A means of vehicular or non-vehicular approach, entry to, or exit from a property with an immediate physical connection to a road or right-of-way abutting a property.

   ACCESS, SECONDARY. A means of vehicular or non-vehicular approach, entry to, or exit from a property from a source other than a public street or highway.

   ACCESSORY BUILDING or USE.

      (1)   Is subordinate to and serves a principal building or principal use.

      (2)   Is subordinate in area, extent or purpose to the principal building or principal use served.

      (3)   Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served.

      (4)   Is located on the same zoning lot as the principal building or principal use served. Exceptions shall be permitted only by special permit as a special use in accordance with the provisions of this chapter.

   ACCESSORY USE, BUSINESS OR COMMERCIAL. In business or commercial zoning districts, includes, but is not limited to storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless storage is excluded by the district regulations.

   ACCESSORY USE, RESIDENTIAL. In residential zoning districts includes, but is not limited to the following.

      (1)   A children's playhouse, garden house, swimming pool, and private greenhouse.

      (2)   A garage, shed, or building for domestic storage.

      (3)   Incinerators and air conditioning units incidental to residential use.

      (4)   Living quarters within a detached accessory building located on the same premises with the main building, for use by temporary guests of the occupants of the premises. Such quarters shall have no kitchen facilities nor be rented or otherwise used as a separate dwelling.

   ACCOMMODATIONS, VACATION RENTAL. Any building, or portion thereof, containing a single dwelling unit or multiple dwelling units which are available to the public for accommodating guests on a basis of less than 30 days for a charge, donation, or any other form of remuneration. Each dwelling unit constitutes a vacation rental unit. In residential districts, only one vacation rental unit may be owned; in commercial districts, multiple vacation rental units may be owned as defined by common ownership. In cases where a single guest room on a single family dwelling property is requested, it shall be considered an accessory residential land use. See § 154.406(D)(18) or § 154.406(H)(9).

   ACRE. Forty three thousand five hundred sixty square feet.

   ACTIVITY CENTER. An area which is typified by a concentration of nonresidential and/or multi-family development.

   ADDITION. Any walled or roofed expansion to the perimeter and/or height of a building in which the area is connected by a common load-bearing wall. Any walled and roofed area which is connected by a fire wall or is separated by independent perimeter load-bearing walls is new construction.

   ADEQUATE PUBLIC FACILITIES AND SERVICES. Transportation, water, sewer, stream water, parks and open space, electrical, gas and telecommunications infrastructure and police, fire, sanitation, recreation and library services available to serve proposed development at levels of service equivalent to those being provided to existing development.

   ADJACENT. Abutting, or being located directly across a right-of-way from a separate lot.

   ADULT-USE CANNABIS CRAFT GROWERS. 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 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.

   AIRBORNE HAZARDOUS MATTER STANDARD. See § 154.705.

   AIRPORT (LAND USE). See § 154.406(F).

   ALLEY. A narrow thoroughfare upon which abuts generally the rear of premises or upon which service entrances of buildings abut, and which is not generally used as a thoroughfare by both pedestrians and vehicles, or which is not used for general traffic circulation or which is not in excess of 30 feet in width at its intersection with a street.

   ANIMAL UNIT. A measure which represents a common denominator for the purpose of defining a husbandry or intensive agricultural land use. The animal unit measure relates to the carrying capacity of one acre of land and is related to the amount of feed various species consume, and the amount of waste they produce. The following table indicates the number of common farm species which comprise a single animal unit.

 

   APPEAL.  A means for obtaining review of a decision, determination, order, or failure to act pursuant to the terms of this code as expressly authorized by the provisions of § 154.926.

   ARTERIAL STREET. See STREET, ARTERIAL.

   AUTOMOBILE REPAIR, MAJOR. General repair, rebuilding of or reconditioning of engines of any type, motor vehicles, trucks, buses or trailers. Collision service, including body work, frame or fender straightening or repair, overall painting of motor vehicles, trucks, trailers,

   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-halfton capacity.

   AUTOMOBILE SERVICE STATION. Any building or premises used for the dispensing, sale, or offering for sale at retail to the public, automobile fuels stored only in underground tanks and located wholly within the lot lines; lubricating oil or grease for the operation of automobiles; and the sale and installation of tires, batteries, other minor accessories, and minor auto repair, but not including major auto repairs, automobile wrecking, automobile sales, or automobile laundries; provided, however, that the washing of individual automobiles where no chain conveyor is employed may be included. When the dispensing, sale, or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage. AUTOMOBILE SERVICE STATION shall not include the sale or storage of trucks or junkers as defined herein, except trucks used in the operation of the service station and shall not include a bulk plant.

   AVERAGE GROUND ELEVATION. The average level of the finished surface of the ground adjacent the exterior walls of a building or structure.

   AWNING. Any structure made of cloth, metal or other material attached to a building when the same is so erected as to permit its being raised or retracted to a position against the building when not in use.

   BALCONY. An outside deck located at least on the second floor or any higher floor of a building that is cantilevered or supported on piers.

   BASEMENT. A portion of a building located partly underground, but having one-half or less of its floor to ceiling height below the average grade of the adjoining ground.

   BED AND BREAKFAST ESTABLISHMENT. See GUEST ACCOMMODATIONS/BED AND BREAKFAST, § 154.406(d).

   BEDROOM. A room in a residence marketed, designed, or otherwise likely to function primarily for sleeping.

   BLOCK. That property on one side of a street between two adjacent streets which intersect the street in question.

   BOARD. The Zoning Board of Appeals.

   BOARDING HOUSE. A dwelling or part thereof, in which lodging is provided by the owner or operator to more than three boarders up to a maximum of eight boarders unrelated to the proprietor. A BOARDING HOUSE is a facility in which rental sleeping accommodations are provided and meals may also be supplied as part of the rent. This is a non-temporary, long-term occupancy of 30 days or more. Access to rooms is made through principal and secondary access points of the dwelling and connecting corridors and staircases. Supervision of a boarding house is maintained at all hours of the day and night from within the building. See § 154.406(A)(13).

   BUFFERYARD. Any permitted combination of distance, vegetation, fencing and berming which results in a reduction of visual and other interaction with an adjoining property. See § 154.605.

   BUILDING. A structure having a roof, supported by columns or walls, for the shelter, support, or enclosure of persons, animals, or chattels; and when separated by division walls from the ground up and without openings, each portion of such building shall be deemed as a separate building.

   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, DETACHED. A building surrounded by open space, the open space being on the same zoning lot as the building.

   BUILDING, PRINCIPAL. A building in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located.

   BUILDING COVERAGE. The percentage of a lot covered by principal and accessory buildings, including all structures with a roof.

   BUILDING ELEVATION. An architectural plan, drawn to a recognized scale, and showing the dimensions, materials, colors, and attachments on all exterior walls of a proposed building.

   BUILDING ENVELOPE. A component of a group development which conforms to the lot lines of developments which are not group developments in that required minimum setback distances are measured from the building envelope line.

   BUILDING FRONT. That exterior wall of a building which faces the front lot line of the lot.

   BUILDING LINE. A line on a lot, generally parallel to a lot line or road right-of-way line, located a sufficient distance therefrom to provide the minimum yards required by this code. The building line determines the area in which buildings are permitted subject to all applicable provisions of this code. This is also referred to as a SETBACK.

   BUILDING SEPARATION. The narrowest distance between two buildings. See MINIMUM BUILDING SEPARATION.

   BUILDING SIZE. The total gross floor area of a building. See MAXIMUM BUILDING SIZE.

   BULK. The term used to indicate the size and setbacks of buildings or structures and location of same with respect to one another and includes the following:

      (1)   Size and height of buildings;

      (2)   Location of exterior walls at all levels in relation to lot lines, streets, or to other buildings;

      (3)   Gross floor area of buildings in relation to lot area (floor area ratio);

      (4)   All open spaces allocated to buildings; and

      (5)   Amount of lot area per dwelling unit.

   BULK STORAGE.  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. See § 154.709.

   BUSINESS DISTRICT. See § 154.201.

   CAFETERIA, COMPANY (LAND USE). See § 154.406(K).

   CALIPER. A measurement of the size of a tree equal to the diameter of its trunk measurement 0.5 foot above natural grade. Used for trees in a nursery setting.

   CAMPGROUND (LAND USE). See § 154.406(C).

   CANDLEPOWER. The amount of light that will illuminate a surface one foot distant from a light source to an intensity of one foot-candle. Maximum (peak) candlepower is the largest amount of candlepower emitted by any lamp, light source, or luminary. See § 154.603.

   CANOPY. A structure other than an awning, made of cloth, metal or other material which may be freestanding or with frames attached to a building and carried by a frame supported by the ground or sidewalk.

   CANOPY TREE. See CLIMAX TREE.

   CARETAKER'S RESIDENCE (LAND USE). A dwelling unit which is used exclusively by either the owner, manager, or operator of a principal permitted use and which is located on the same parcel as the principal use. See § 154.406(N).

   CARPORT. A roofed structure providing space for the parking of motor vehicles and enclosed on not more than three sides.

   CELLAR. That portion of the building having more than one-half of the floor-to-ceiling height below the average grade of the adjoining ground.

   CERTIFICATE OF OCCUPANCY. See § 154.909.

   CLEAR CUTTING (LAND USE). See § 154.406(B).

   CLERESTORY WINDOW. A window in which the lowest glassed area is a minimum of seven feet above the level of the floor located directly under the window.

   CLIMAX TREE. A tree that would occupy the uppermost canopy of a forest in a natural ecological situation. These trees are often referred to as shade trees. Examples include hickory, oak, maple, etc. See Appendix B.

   COLLECTOR STREET. See STREET, COLLECTOR.

   COMBUSTIBLES STORAGE STANDARDS. See § 154.709.

   COMMERCIAL ANIMAL BOARDING (LAND USE). See § 154.406(D).

   COMMERCIAL INDOOR LODGING (LAND USE). See Accommodations, § 154.406(D).

   COMMERCIAL VEHICLE. Any motor vehicle used for business or institutional purposes or having painted thereon or affixed thereto a sign identifying a business or institution or a principal product or service of a business or institution. Agricultural equipment used as part of a permitted agricultural principal use shall not be considered as a commercial vehicle.

   COMMON OWNERSHIP. Defined as lands that both share a common boundary and are singly owned by one individual, jointly owned by a married couple including that individual, owned by a partnership or corporation in which that individual was a member, or any combination. Lands shall be considered to share a common boundary even if they are divided by a public road or navigable waterway, or if they connect at only one point.

   COMMUNICATION TOWER (LAND USE). See § 154.406(G).

   COMMUNITY CHARACTER. The impression which an area makes in regard to the type, intensity, density, quality, appearance, and age of development.

   COMPANY PROVIDED ON-SITE RECREATION (LAND USE). See § 154.406(K).

   COMPATIBLE/COMPATIBILITY. Harmony in the appearance of a majority of external design features, including form, colors, materials, textures, scale, size, height and landscaping in the same vicinity.

   COMPREHENSIVE PLAN. The Comprehensive Plan of the city currently in effect and as subsequently amended, including all text, tables, graphics and maps contained therein. The Comprehensive Plan is a policy guide, advising decisions regarding the physical development of the community. The Comprehensive Plan also encompasses the one and one-half mile extraterritorial jurisdiction of the city as authorized by ILCS Ch. 65, Act 5, § 11-12-5. The Comprehensive Plan is a guide and subject to change as warranted to address new situations.

   CONDOMINIUM. A building, or portion thereof, or group of buildings, in which units are owned individually and the structure and areas or facilities used in common are owned by all the individual owners on a proportional and undivided basis. Condominiums may be of a commercial or residential nature.

   CONSERVATION DISTRICTS. See § 154.201(A).

   CONSTRUCTION, START OF. The installation of foundation footings and/or materials for road construction.

   CONTRACTOR'S ON-SITE EQUIPMENT STORAGE (LAND USE). See § 154.406(O).

   CONTRACTOR'S PROJECT OFFICE (LAND USE). See § 154.406(O).

   CULTIVATION (LAND USE). See § 154.406(B).

   CURB LEVEL. The level of the established curb in front of the building measured at the center of such front. Where a building faces on more than one street, the CURB LEVEL shall be the average of the levels of the curbs at the center of the front of each street. Where no curb elevation has been established, the mean level of the land immediately adjacent to the building shall be considered the CURB LEVEL.

   DAY CARE (LAND USE). See INSTITUTIONAL, INDOOR – DAY CARE CENTER, § 154.406(C).

   DECIBEL. A unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure the intensity of sound are calibrated to decibels. See § 154.710.

   DECK. 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, limited to a maximum height of the adjacent first floor level in the dwelling. It is not allowed any higher level than above ground grade to avoid the deck floor from creating a defacto roofed porch underneath, but a deck can be located on the existing roof of dwellings and garages.

   DEDICATION. The transfer of property interest from private to public ownership for a public purpose. The transfer may be of fee simple interest or of a less than fee simple interest, including without limitation an easement.

   DENSITY. A term used to describe the number of dwelling units per acre.

   DEVELOPER. The legal or beneficial owner(s) of a lot or parcel of any land proposed for inclusion in a development, including an optionee or contract purchaser.

   DEVELOPMENT. The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any buildings; any use or change in use of any buildings or land; any extension of any use of land; or any clearing, grading, or other movement of land, for which permission may be required pursuant to this code.

   DEVELOPMENT OPTION(S). The type of residential or nonresidential development as categorized by the proportion of the site devoted to permanently protected green space.

   DEVELOPMENT PAD. The area of a lot where site disruption will occur, including building areas, paved areas, yards and other areas of non-native vegetation and areas devoted to septic systems.

   DISPOSAL LAND USE(S). See § 154.406(E).

   DRAINAGE. The removal of surface water or groundwater from land by drains, grading, or other means. DRAINAGE includes the control of runoff to minimize erosion and sedimentation during and after development and the means necessary for water supply preservation or prevention or alleviation of flooding.

   DRAINAGEWAY. Non-navigable, above ground watercourses, detention basins and/or their environs which are identified by the presence of one or more of the following:

      (1)   All areas within 75 feet of the ordinary high water mark of a "perennial stream" as shown on USGS 7.5 minute topographic maps for the city and its environs;

      (2)   All areas within 50 feet of the ordinary high water mark of an "intermittent stream" or "open channel drainageway" as shown on USGS 7.5 minute topographic maps for the city and its environs. See § 154.508.

   DRAINAGE STRUCTURE (LAND USE). See § 154.406(N).

   DRIPLINE. Outer perimeter edge of a tree canopy as transferred perpendicularly to ground level.

   DUPLEX (LAND USE). See § 154.406(A).

   DWELLING. A building or portion thereof, but not including a trailer, mobile home or temporary shelter of any kind, designed or used exclusively for a residential occupancy, including one-family dwelling units, two-family dwelling units, and multiple-family dwelling units, but not including guest accommodations which are of a commercial nature.

   DWELLING, ATTACHED. A dwelling joined to another dwelling at one or more sides by a shared wall or walls.

   DWELLING, CONVERTED. A building or portion thereof which has been altered from its original construction to provide dwelling units where none existed in the building before or wherein additional dwelling units were provided within an existing dwelling. Converted dwellings are not permitted by right and therefore are not to be considered as two-family or multi-family dwellings.

   DWELLING, DETACHED. A dwelling entirely surrounded by open space on the same lot.

   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.

   DWELLING UNIT SEPARATION. The narrowest distance between two dwelling units. See MINIMUM DWELLING UNIT SEPARATION.

   EASEMENT. Written authorization, recorded in the Register of Deeds' office, from a landowner authorizing another party to use any designated part of the land owner's property for a specified purpose.

   EFFICIENCY DWELLING UNIT. A dwelling unit consisting of one habitable room.

   ELECTROMAGNETIC RADIATION STANDARDS. See § 154.712.

   ENTERTAINMENT, ADULT. See § 154.406(D).

   ENTERTAINMENT, INDOOR. See § 154.406(D).

   ENTERTAINMENT, OUTDOOR. See § 154.406(D).

   ENVIRONMENTAL CONTROL FACILITY. Any facility, temporary or permanent, which is reasonably expected to abate, reduce, or aid in the prevention, measurement, control or monitoring of noise, air, or water pollutants; solid waste or thermal pollution; or radiation or other pollutants, including facilities installed principally to supplement or to replace existing property or equipment not meeting or allegedly not meeting acceptable pollution control standards or which are to be supplemented or replaced by other pollution control facilities.

   ENVIRONMENTAL CORRIDOR. A generally linear network of environmentally sensitive lands, typically (but not always) focused along waterways and drainageways and typically (but not always) including wetlands, floodplains, and /or steep slopes. ENVIRONMENTAL CORRIDORS have high environmental, ecological, passive recreational, stormwater management, groundwater protection and recharge, wildlife habitat, and scenic value; and severe limitations for building development.

   ENVIRONS (OF THE CITY OF GALENA). The area in which the city exercises extraterritorial powers.

   EROSION. The detachment and movement of soil or rock fragments by water, wind, ice, and/or gravity.

   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.

   ESTABLISHMENT, BUSINESS. A separate place of business having the following characteristics:

      (1)   The ownership and management of all operations conducted within such establishment are separate and distinct from the ownership and management of operations conducted within other establishments on the same or adjacent zoning lot.

      (2)   Direct public access to such BUSINESS ESTABLISHMENT is separate and distinct from direct access to any other BUSINESS ESTABLISHMENT.

   EXTERIOR COMMUNICATION DEVICES (LAND USE). See § 154.406(N).

   EXTERIOR LIGHT FIXTURE. An outdoor artificial illuminating device, either permanent or portable, used for illumination or advertisement of parking lots, architecture, signage, landscaping, entryways, or areas requiring security. See section § 154.603 for lighting standards.

   EXTRACTION USE (LAND USE). See § 154.406(G).

   EXTRATERRITORIAL AREA. The area outside of the city limits in which the city may exercise extraterritorial powers of planning, land division, and/or zoning review.

   FACADE. The front or main face of a building; the exterior wall of a building exposed to public view.

   FAMILY. An individual or two or more persons related by blood, marriage or adoption, or a group of not more than three individuals not related but living together and interacting as a single housekeeping unit within a dwelling unit.

   FAMILY DAY CARE HOME (LAND USE). See § 154.406(H).

   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 in length and three feet in height are not considered fences if they allow for 50% or more open visibility.

   FENCING STANDARDS. See § 154.605(H).

   FILLING (LAND USE). See § 154.406(N).

   FIRST HABITABLE FLOOR. The top surface above an unfinished basement, cellar, or crawl space that is intended for living quarters.

   FLAG. The flag of the United States, the State of Illinois, the City of Galena and foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction provided that such a flag shall not exceed 60 square feet in area. Any flag not included above shall be considered a sign and shall be subject to regulation as such.

   FLOODPLAIN. The land adjacent to a body of water which has been or may be hereafter covered by flood water including but not limited to the regulatory flood.

   FLOOR AREA (FOR DETERMINING FLOOR AREA RATIO). The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The FLOOR AREA of a building shall include basement floor area when more than one-half of the basement height is above the established curb level or above the finished lot grade level where no curb level has been established, elevator shafts and stairwells at each floor, floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof) penthouses, attic space having headroom of seven feet six inches or more, interior balconies and mezzanines, enclosed porches, and floor area devoted to accessory uses. However, any space devoted to off-street parking or loading shall not be included in FLOOR AREA. The FLOOR AREA of structures devoted to bulk storage of materials including, but not limited to, grain elevators and petroleum storage tanks shall be determined on the basis of height in feet; for example, ten feet in height shall equal one floor.

   FLOOR AREA (FOR DETERMINING OFF-STREET PARKING AND LOADING REQUIREMENTS).

      (1)   When prescribed as the basis of measurement for off-street parking spaces and loading berths for any use shall mean the sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to such use, including accessory storage areas located within selling or working space such as counters, racks, or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.

      (2)   However, FLOOR AREA for the purpose of measurement for off-street parking spaces shall not include: floor area devoted primarily to storage purposes (except as otherwise noted herein); floor area devoted to off-street parking or loading facilities, including aisles, ramps, and maneuvering space; or basement floor areas other than area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.

   FLOOR AREA RATIO (F.A.R). The floor area of the building or buildings on that zoning lot divided by the area of such zoning lot, or planned developments, by the net site area. The FLOOR AREA RATIO requirements (as set forth under each zoning district) shall determine the maximum floor area allowable for the building or buildings (total floor area of both principal and accessory buildings) in direct ratio to the gross area of the zoning lot.

   FOOT-CANDLE. A unit of measure for luminance. A unit on a surface that is everywhere one foot from a uniform point source of light of one candle and equal to one lumen per square foot. See § 154.603.

   FREIGHT TERMINAL (LAND USE). See § 154.406(F).

   FRONTAGE. All the property fronting on one side of a street between the two nearest intersecting streets, measured along the line of the street, or if dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.

   GARAGE (PRIVATE). A detached accessory building or portion of the principal building, including a carport, which is used primarily for storing of passenger vehicles, trailers or one truck of a rated capacity not in excess of 8,000 pounds.

   GENERAL FLOOR PLANS. A graphic representation of the anticipated utilization of the floor area within a building or structure but not necessarily as detailed as construction plans.

   GENERAL TEMPORARY OUTDOOR SALES (LAND USE). See § 154.406(O).

   GLARE. The brightness of a light source which causes eye discomfort to a healthy observer such as the Zoning Administrator.

   GLARE STANDARDS. See § 154.707.

   GRADE, STREET.

      (1)   For buildings having walls adjoining one street only, the elevation of the street at the midpoint of the wall adjoining the street.

      (2)   For buildings having walls adjoining more than one street, the average of the elevation of the street at the midpoints of the walls adjoining the streets.

      (3)   For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.

      (4)   Any wall approximately parallel to and not more than 20 feet from a street line is to be considered as adjoining the street for the purpose of this definition. Where no street is near or established, the grade shall be determined by the City Engineer.

   GREEN SPACE RATIO (GSR). The percentage of the gross site area which is preserved as permanently protected green space. GREEN SPACE RATIO is calculated by dividing the area of permanently protected green space by the gross site area.

   GROSS DENSITY. The result of dividing the number of dwelling units located on a site by the gross site area. See MAXIMUM GROSS DENSITY.

   GROSS FLOOR AREA. The total floor area on all levels of a building.

   GROSS LAND AREA. The total land area located within a single lot or development, including land within all easements; parks, rights-of-way, and other lands to be dedicated to the public; and environmentally constrained land such as floodplains and wetlands.

   GROSS SITE AREA (GSA). The total area of a site available for inclusion in calculations of the maximum permitted density or intensity of development.

   GROUND FLOOR AREA. The floor area of the first habitable floor.

   GROUP DAY CARE CENTER (LAND USE). See § 154.406(C).

   GROUP DEVELOPMENT. See § 154.407.

   GROUP/INSTITUTIONAL RESIDENTIAL (LAND USE). See § 154.406(A).

   GUEST. A person renting a rooming unit on a daily or weekly basis for overnight accommodation on a transient basis.

   GUEST ACCOMMODATION/BED AND BREAKFAST. An owner-occupied dwelling providing a minimum of two rooms but no more than five rooms for overnight accommodations to the public and, if so desired, breakfasts may be served to the guest thereof. Rental is on a transient basis and for a charge, meaning any form of remuneration such as cash, goods, services, barter, donations, forgiveness of indebtedness, or other like payment. For purposes of this section, GUEST ROOM shall mean a sleeping room intended to serve not more than two guests per night. Bed and breakfasts are permitted only in residential districts and only by Special Use Permit. See § 154.406 (D)(7).

   GUEST ACCOMMODATION/SMALL INN. A building, or portion thereof functioning to provide six to eight guest rooms for up to a maximum of 16 guests. Access to rooms is made through principal and secondary access points of the building and connecting corridors and staircases. Supervision of a small inn is maintained at all hours of the day and night from within the building or on-premise and meals may or may not be served. Small inns are permitted only in commercial districts and only by Special Use Permit. See § 154.406(D)(8).

   GUEST HOUSE/BED AND BREAKFAST. An owner-occupied dwelling providing a room or rooms for overnight accommodations to the public and, if so desired, breakfasts may be served to the guest thereof. Rental is on a transient basis and for a charge, meaning any form of remuneration such as cash, goods, services, barter, donations, forgiveness of indebtedness, or other like payment. In agricultural districts, a guest house/bed and breakfast may incorporate the use of accessory buildings detached from the main house providing such are suitable for human habitation. For purposes of this section, GUEST ROOM shall mean a sleeping room intended to serve not more than two guests per night. See § 154.406(D).

   GUEST LODGE. A building, or portion thereof functioning to provide up to eight guest rooms for up to a maximum of 16 guests. Access to rooms is made through principal and secondary access points of the building and connecting corridors and staircases. Supervision of a lodging house is maintained at all hours of the day and night from within the building and meals are not served. See Public Accommodations, Lodging House, § 154.406(D).

   GUEST ROOM. Any sleeping room designed or used for accommodating guests.

   HABITABLE BUILDINGS. Any building or portion thereof used for human habitation.

   HABITABLE ROOM. Any room in a dwelling unit or a guest accommodation suitable for sleeping, sitting, lounging, cooking, or dining; such is not a bathroom, closet, pantry, hallway, cellar, storage space, or garage.

   HAZARDOUS MATERIAL STANDARDS. See § 154.713.

   HAZARDOUS SUBSTANCES. 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 substances based upon corrosivity, reactivity, and toxicity. HAZARDOUS SUBSTANCES include, but are not limited to, inorganic mineral acids or 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.

   HEAT STANDARDS. See § 154.707.

   HEIGHT OF BUILDING. The vertical distance measured from the street grade or equivalent established grade to the highest point of the front facade or uppermost habitable room, whichever is greater.

   HELIPORT (LAND USE). See § 154.406(F).

   HISTORIC DISTRICT. That portion of the city located within “The Original City” as recorded in the courthouse of Jo Daviess County on March 28, 1938 and all subdivisions added to the city prior to December 31, 1859. The same boundary is recognized by both local ordinance and the National Register of Historic Places and represents an area predominantly characterized by nineteenth century architecture.

   HISTORIC DISTRICT DESIGN GUIDELINES. Architectural guidelines as presented in "Architectural Styles and Design Elements of the Main Street Buildings of Galena, Illinois, 1830-1890" by Tracie N. and Thomas A. Campbell and any other design guidelines that may be adopted by the city in the administration of the Historic District.

   HOLDING ZONE. A zoning district designed to limit development potential until adequate public services and infrastructure are provided.

   HOME OCCUPATION (LAND USE). See § 154.406(D).

   HOTEL. See Accommodations, Hotel/Motel, § 154.406(D)

   HOUSEHOLDER. The occupant of a dwelling unit who is either the owner or lessee thereof.

   HUSBANDRY (LAND USE). See § 154.406(B)

   IMPERVIOUS SURFACE. Areas designed and installed to prohibit infiltration of stormwater. Homes, buildings, and other structures, as well as concrete, brick, asphalt, gravel and similar paved surfaces are considered impervious. Areas with landscaped pavers that are 90% impervious which are intended for vehicular traffic are considered to be impervious.

   IN-VEHICLE SALES (LAND USE). See § 154.406(D).

   IN-VEHICLE SERVICE (LAND USE). See § 154.406(D).

   INDOOR COMMERCIAL ENTERTAINMENT (LAND USE). See § 154.406(D).

   INDOOR INSTITUTIONAL (LAND USE). See § 154.406(C).

   INDOOR SALES (LAND USE). See § 154.406(D).

   INDOOR SALES INCIDENT TO LIGHT INDUSTRIAL USE (LAND USE). See § 154.406(M).

   INDOOR STORAGE (LAND USE). See § 154.406(E).

   INDOOR WHOLESALING (LAND USE). See § 154.406(E).

   INDUSTRIAL DISTRICTS. See § 154.201.

   INFILL DEVELOPMENT. Development located in areas which are largely developed already.

   INSTITUTIONAL, INDOOR - DAY CARE CENTER (LAND USE). See § 154.406(C).

   INSTITUTIONAL, INDOOR - GENERAL (LAND USE). See § 154.406(C).

   INSTITUTIONAL, INDOOR - INTENSIVE (LAND USE). See § 154.406(C).

   INSTITUTIONAL, OUTDOOR (LAND USE). See § 154.406(C).

   INSTITUTIONAL RESIDENTIAL (LAND USE). See § 154.406(C).

   INSTITUTIONAL RESIDENTIAL DEVELOPMENT (LAND USE). See § 154.406(A).

   INTENSITY. A term used to describe the amount of gross floor area or landscaped area, on a lot or site, compared to the gross area of the lot or site.

   INTENSIVE AGRICULTURAL (LAND USE). See § 154.406(B).

   INTERPRETATION. See § 154.905 for application procedures.

   JUNKYARD (LAND USE). See § 154.406(E).

   LAND USE. The type of development and/or activity occurring on a piece of property.

   LANDSCAPE PLAN. A overhead plan for a land or building development proposal, drawn to scale, that shows existing and proposed landscape plantings with relation to other features shown on a site plan for a lot proposed for development.

   LANDSCAPED AREA. The area of a site which is planted and continually maintained in vegetation, including grasses, flowers, herbs, garden plants, native or introduced groundcovers, shrubs, bushes, and trees. LANDSCAPED AREA includes the area located within planted and continually maintained landscaped planters.

   LAWN CARE (LAND USE). See § 154.406(N).

   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 chapter. For the purposes of this chapter, 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.

   LIGHT INDUSTRIAL (LAND USE). See § 154.406(G).

   LIGHT INDUSTRIAL INCIDENTAL TO INDOOR SALE (LAND USE). See § 154.406(M).

   LIGHTING STANDARDS. See § 154.603.

   LIMITED ACCESS HIGHWAY. A traffic-way, including expressways and toll roads for through traffic, in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such traffic-way.

   LOADING STANDARDS. See § 154.602.

   LOCAL COLLECTOR STREET. See STREET, COLLECTOR.

   LOCAL RESIDENTIAL STREET. See STREET, LOCAL RESIDENTIAL.

   LOCAL STREET. See STREET, LOCAL.

   LODGE or FRATERNAL ORDER. A hall or meeting place of a local branch or the members composing such a branch of a fraternal order, or society, such as the Masons, Knights of Columbus, Moose, American Legion and other similar organizations. It may be permissible to serve food and meals on such premises providing adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests may be allowed provided it is secondary and incidental to the promotion of some other common objective by the organization, and further provided that such sale of alcoholic beverages is in compliance with the applicable federal, state, county and city laws.

   LOT. A parcel of land that meets the following and may or may not coincide with a LOT OF RECORD:

      (1)   Is undivided by any street or private road;

      (2)   Is occupied by, or designated to be developed for, one building or principal use; and

      (3)   Contains the accessory buildings or uses customarily incidental to such building, use, or development, including such open spaces and yards as designed and arranged or required by this code for such building, use, or development.

   LOT, CORNER. A lot located at the intersection of two streets or a lot bounded on two sides by a curbing street and any two chords of which form an angle of 120º or less measured on the lot side.

   LOT, DOUBLE FRONTAGE. A lot having frontage on two non-intersecting streets as distinguished from a corner lot.

   LOT, INTERIOR. A lot other than a corner or reverse corner lot.

   LOT, REVERSE CORNER. A corner lot where the lot width exceeds the lot depth.

   LOT, THROUGH. A lot which abuts two parallel public streets or abuts two public streets which do not intersect at the boundaries of the lot. The yard that abuts a public street and is considered its principal frontage shall be the front yard. The yard that abuts a public street and is not considered its principal frontage shall be the rear yard with the exception that a front yard(s) has been established along the same public street block and on the same side of the street and has been enforced as a front yard(s). If a front yard(s) has been established along the same public street block and on the same side of the street and has been enforced as a front yard(s), then the yard that abuts a public street and not considered its principal frontage shall also be a front yard.

   LOT AREA. The area contained within the property boundaries of a lot of record.

   LOT COVERAGE. The area of a zoning lot occupied by the principal building or buildings and accessory buildings.

   LOT DEPTH. The mean horizontal distance between the front and rear lot lines.

   LOT FRONTAGE. Lot width measured at the street lot line. When a lot has more than one street lot line, lot width shall be measured, and the minimum lot width required by this code shall be provided, at each such line.

   LOT LINE. The property line (including the vertical plane established by the line and the ground) bounding a lot except that where any portion of a lot extends into the public right-of-way or a proposed public right-of-way, the line of such public right-of-way shall be the lot line for applying this code.

   LOT LINE, FRONT. A lot line that abuts a public or private street right-of-way. In the case of a lot that has two of more street frontages, the lot line along the street from which the house is addressed shall be the front lot line.

   LOT LINE, INTERIOR. A side lot line common with another lot.

   LOT LINE, REAR. In the case of rectangular or most trapezoidal shaped lots, that lot line which is parallel to and most distant from the front lot line of the lot. In the case of an irregular, triangular, or gore-shaped lot, a line 20 feet in length, entirely within the lot, parallel to and at the maximum possible distance from the front line shall be considered to be the rear lot line. In the case of lots that have frontage on more than one road or street, the rear lot line shall be selected by the property owner.

   LOT LINE, SIDE. Any boundary of a lot, which is not a front lot line, a street side lot line, or a rear lot line.

   LOT OF RECORD. A platted lot or lot described in a boundary survey or in a metes and bounds description which has been approved by the City or by Jo Daviess County and has been recorded in the office of the Recorder of Deeds.

   LOT WIDTH. The maximum horizontal distance between the side lot lines of a lot measured at the building line. See MINIMUM LOT WIDTH.

   MAINTENANCE GUARANTEE. A guarantee of facilities or work to either ensure the correction of any failures of any improvements required pursuant to this code or to maintain same.

   MANUFACTURED HOME. See § 154.406(A).

   MANUFACTURED HOME PARK; MOBILE HOME PARK. See § 154.406(A).

   MAXIMUM ACCESSORY BUILDING COVERAGE. The largest permitted area of all accessory buildings on a lot.

   MAXIMUM BUILDING COVERAGE. The largest permitted ground floor area of all buildings on a lot.

   MAXIMUM BUILDING SIZE (MBS). The largest permitted total gross floor area a building may contain. See BUILDING SIZE.

   MAXIMUM FLOOR AREA RATIO (FAR). The largest amount of floor area permitted on a lot. See FLOOR AREA RATIO.

   MAXIMUM GROSS DENSITY (MGD). The maximum number of dwelling units permitted per acre of gross site area. See GROSS DENSITY.

   MAXIMUM HEIGHT. The maximum height of the highest portion of any structure. See HEIGHT OF BUILDING.

   MINI-WAREHOUSE. See § 154.406(E).

   MINIMUM AREA PER UNIT. The minimum amount of lot area required for each dwelling unit located on that lot.

   MINIMUM BUILDING SEPARATION. The narrowest permitted building separation.

   MINIMUM DWELLING UNIT SEPARATION. The narrowest permitted dwelling unit separation.

   MINIMUM FLOOR ELEVATION. The lowest elevation permissible for the construction, erection, or other placement of any floor, including a basement floor.

   MINIMUM LANDSCAPE SURFACE RATIO (LSR).  The lowest permitted landscape surface ratio. See LANDSCAPE SURFACE RATIO.

   MINIMUM LOT AREA (MLA). The minimum size lot permitted within the specified zoning district and development option.

   MINIMUM LOT WIDTH. The smallest permissible lot width for the applicable dwelling unit type or nonresidential development option.

   MINIMUM SITE AREA (MSA). The minimum gross site area in which the specified development option may occur. See GROSS SITE AREA (GSA).

   MINIMUM STREET FRONTAGE. The narrowest distance permitted along the street abutting the front yard of the lot.

   MINIMUM YARD SETBACK. The narrowest distance permitted from a street, side, or rear property line to a structure.

   MOBILE HOME (LAND USE). See § 154.406(A).

   MOBILE HOME. A single-family living unit designed for transportation after fabrication on streets and highways on its own wheels and arriving at the site where it is to be occupied as a living unit complete and ready for occupancy, except for main and incidental unpacking and assembly operations; located on jacks or permanent foundation, connected to utilities and erected in accordance with prevailing city codes and ordinances but which the structure is not approved under the adopted building codes of the city.

   MOBILE HOME PARK RESIDENTIAL DEVELOPMENT. See §§ 154.401 through 154.407.

   MOBILE HOME RESIDENTIAL DEVELOPMENT. See §§ 154.401 through 154.407.

   MOTOR COURT. See COMMERCIAL INDOOR LODGING.

   MOTOR VEHICLE. Any passenger vehicle, truck, tractor, tractor-trailer, truck-trailer, trailer, or semi-trailer propelled or drawn by mechanical power.

   MULTIPLE-FAMILY DWELLING. See § 154.406(A).

   MULTIPLEX. See § 154.406(A).

   NATURAL RESOURCE REPORT. Natural resource inventory as required by Section 22.02a of the Illinois Soil and Water Conservation Districts Act. This inventory and recommendation is required of the local Soil and Water Conservation District for use by the Zoning Board of Appeals in evaluating zoning applications for amendments or special uses.

   NAVIGABLE WATER. All natural inland lakes and all rivers, streams, ponds, sloughs, flowages, and other waters within the territorial limits of this state. For the purposes of this code, rivers and streams will be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps until such time that the State of Illinois has made a determination that the waterway is not, in fact, navigable.

   NEIGHBORHOOD DEVELOPMENT PLAN. A plan prepared by a city, developer, or property owner for the future development of a part of the community, and including the proposed land use pattern, zoning, street alignments, lot patterns, locations of utilities and public buildings, parks, open spaces, environmental corridors, trails, and a development phasing timetable.

   NOISE STANDARDS. See § 154.710.

   NONCONFORMING BUILDING or STRUCTURE. Any building, or other structure, which lawfully existed under ordinances or regulations preceding this code, but which would not conform to this code if the building or structure were to be erected under the provisions of this code.

   NONCONFORMING LOT. A lot of record in existence prior to the date of adoption of this code that does not conform with one or more of the minimum lot dimensions specified in this code. See § 154.105.

   NONCONFORMING SITE. A lawful development approved under ordinances or regulations preceding the effective date of this code, but which would not conform to this code if the development were to be created under the current provisions of this code. See § 154.107.

   NONCONFORMING USE. An active and actual use of land, buildings or structures which was lawfully existing prior to this code, which has continued as the same use to the present, and which does not comply with all the applicable regulations of this code. See § 154.106.

   NOXIOUS MATERIALS STANDARDS. See § 154.713.

   NOXIOUS MATTER OR MATERIALS. Material capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects to the physical or economic well-being of individuals.

   OCTAVE BAND. A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.

   OCTAVE BAND FILTER. An electrical frequency analyzer defined according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals.

   ODOR STANDARDS. See § 154.711.

   OFF-SITE PARKING LOT (LAND USE). See § 154.406(F).

   OFFICE (LAND USE). See § 154.406(D).

   OFFICIAL ZONING MAP. The map adopted and designated by the city as being the OFFICIAL ZONING MAP. See § 154.102.

   ON-SITE. Located on the lot in question, except in the context of on-site detention, when the term means within the boundaries of the development site as a whole.

   ON-SITE AGRICULTURAL RETAIL (LAND USE). See § 154.406(B).

   ON-SITE PARKING LOT (LAND USE). See § 154.406(N).

   ON-SITE REAL ESTATE SALES OFFICE (LAND USE). See § 154.406(O).

   ONE-FAMILY DETACHED DWELLING.  See § 154.406(A).

   OPEN SALES LOT. An unenclosed portion of a lot or lot of record where goods are displayed for sale, rent or trade.

   OPEN SPACE. Any undeveloped or underdeveloped greenspace which serves a beneficial purpose by remaining in this state, whether it be for recreation, erosion control or aesthetics.

   OTHER PERMANENTLY PROTECTED GREEN SPACE. Permanently protected green space areas not constrained by one of the protected natural resources (wetlands, floodplains, steep slopes, lakeshores, drainageways, and woodlands). Examples include: portions of private lots, outlots, or parcels commonly held by a property owners' association which are deed restricted from site disruption. See §§ 154.501 through 154.510.

   OUTDOOR ASSEMBLY (LAND USE). See § 154.406(O).

   OUTDOOR COMMERCIAL ENTERTAINMENT (LAND USE). See § 154.406(K).

   OUTDOOR DISPLAY (LAND USE). See § 154.406(K).

   OUTDOOR DISPLAY INCIDENTAL TO INDOOR SALES (LAND USE). See § 154.406(K).

   OUTDOOR INSTITUTIONAL (LAND USE). See § 154.406(C).

   OUTDOOR MAINTENANCE SERVICE (LAND USE). See § 154.406(D).

   OUTDOOR SALES OF FARM PRODUCTS (LAND USE). See § 154.406(O).

   OUTDOOR STORAGE (LAND USE). See § 154.406(E).

   OUTDOOR WHOLESALING (LAND USE). See § 154.406(E).

   OVERLAY ZONING DISTRICT. A zoning district which imposes uniform restrictions on all properties within its area which are in addition to the restrictions specific to the standard zoning districts.

   OWNER. The person, persons, or entity having the right of legal title to a lot or parcel of land.

   PAD, DEVELOPMENT. See DEVELOPMENT PAD.

   PARCEL. The area within the boundary lines of a lot.

   PARKING AREA POD. An area of parking spaces within a parking lot substantially separated from other areas of the parking lot by landscaped islands or medians.

   PARKING LOT DESIGN STANDARDS. See § 154.601.

   PARKING REQUIREMENTS. See § 154.601.

   PARKING SPACE DESIGN STANDARDS. See § 154.601.

   PARKING STANDARDS. See § 154.601.

   PARTICULATE MATTER. Material, other than water, which is suspended in or discharged into the atmosphere in a finely divided form as a liquid or solid.

   PARTICULATE MATTER STANDARDS. See § 154.704.

   PASSIVE OUTDOOR PUBLIC RECREATIONAL (LAND USE). See § 154.406(C).

   PEDESTRIAN WAY, PUBLIC. Any walk, path, stairway, plaza, court, mall or other way open to the public and used exclusively or primarily by pedestrians.

   PERFORMANCE GUARANTEE. A financial guarantee to ensure that all improvements, facilities, or work required by this code will be completed in compliance with the code, regulations and the approved plans and specifications of a development.

   PERFORMANCE STANDARD. Criterion established to control and limit the impacts generated by, or inherent in, uses of land or buildings. See §§ 154.701 through 154.713.

   PERIPHERAL SETBACK. The distance between a structure and the boundary of a development.

   PERMANENTLY PROTECTED GREEN SPACE. An area in which site disruption and/or development is strictly limited. See §§ 154.601 through 154.605.

   PERMITTED BY RIGHT, USE. See § 154.402.

   PERSON. An individual, group of individuals, corporation, association, partnership, joint venture or other entity, and includes any trustee, estate, receiver, assignee or personal representative.

   PERSONAL SERVICE(S) (LAND USE). See § 154.406(D).

   PERSONAL STORAGE FACILITY (LAND USE). See § 154.406(E).

   PIERS AND WHARFS. See § 154.406.

   PLANNED UNIT DEVELOPMENT. See § 154.301.

   POD. See PARKING AREA POD.

   PORCH. A roofed structure (either enclosed, or unenclosed) attached to one or two 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.

   PREMISES. Within the boundaries of all property lines of a lot or within the confines of an establishment.

   PRINCIPAL BUILDING. See BUILDING, PRINCIPAL.

   PRINCIPAL USE. Any and all of the primary uses of a property treated as a use permitted by right or as a conditional use (rather than as an accessory use or a temporary use) per §§ 154.401 through 154.407.

   PRIVATE RESIDENTIAL KENNEL (LAND USE). See § 154.406(H).

   PRIVATE RESIDENTIAL RECREATIONAL FACILITY (LAND USE). See § 154.406(H).

   PRIVATE RESIDENTIAL STABLE (LAND USE). See § 154.406(H).

   PROFESSIONAL SERVICE(S) (LAND USE). See § 154.406(D).

   PROPORTION. Balanced relationship of parts of a building, sign, landscape or structure to each other and to the architectural concept as a whole.

   PROTECTED NATURAL RESOURCES. Resources such as wetlands, drainageways, woodlands, steep slopes, and shorelands which are protected by the provisions of this code. See §§ 154.601 through 154.605.

   PUBLIC IMPROVEMENT. Any improvement, facility, or service, together with customary improvements and appurtenances thereto, necessary to provide for public needs such as: streets, roads, alleys or pedestrian walks or paths, bicycle paths, storm sewers, flood control improvements, water supply and distribution facilities, sanitary sewage disposal and treatment, public utility and energy services.

   PUBLIC SERVICES AND UTILITIES (LAND USE). See § 154.406(C).

   PUBLIC SEWER. Includes the City of Galena sewer system and other forms of sewer systems approved by the State of Illinois and maintained by an agency authorized to operate such systems.

   PUBLIC UTILITY. Any person, firm or corporation duly authorized to furnish under public regulation to the public electricity, gas, steam, telephone, telegraph, transportation, water or sewerage systems.

   PUBLIC WAY. Any sidewalk, street, alley, highway, or other public thoroughfare.

   RECORDED LOT. See LOT OF RECORD.

   RECREATION, OUTDOOR - ACTIVE, PUBLIC (LAND USE). See § 154.406(C).

   RECREATION, OUTDOOR - PASSIVE PUBLIC (LAND USE). See § 154.406(C).

   RECREATION, OUTDOOR - PRIVATE CAMPGROUNDS/CAMPING RESORT (LAND USE).  See § 154.406(C).

   RECREATIONAL VEHICLE. A general term for a vehicular unit bearing current license and/or registration, which includes but is not limited to the following specific vehicle types:

      (1)   BOAT TRAILER. A vehicle structure without its own motive power designed to transport a boat for recreation and vacation use to be licensed and registered for highway use.

      (2)   CAMPER TRAILER. A folding or collapsing 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.

      (3)   HORSE TRAILER. A vehicle structure without its own motive power designed primarily for the transportation of horses and which, in combination with the towing vehicle, to be licensed and registered for highway use.

      (4)   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.

      (5)   RECREATIONAL BOAT. A vessel, whether impelled by wind, oars or mechanical devices, which is designed primarily for recreation or vacation use. A recreation vessel when mounted upon a boat trailer shall be considered one unit.

      (7)   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 to be licensed for highway use.

      (8)   UTILITY TRAILER. A vehicle structure without its own motive power designed primarily for the transportation of all manner of motor vehicles, goods or materials and licensed and registered for highway use.

   RELOCATABLE BUILDING (LAND USE). See § 154.406(O).

   REQUIRED RESOURCE PROTECTION AREA (RPA). The area of a site which may not be disturbed by development activity and which must also be reserved as permanently protected green space. See §§ 154.601 through 154.605.

   RESIDENTIAL COLLECTOR STREET. A collector street serving primarily residential land uses which primarily serves to connect local residential streets to collector or arterial streets.

   RESIDENTIAL LAND USE(S). See § 154.406(A).

   RESIDENTIAL SOLID WASTE. Waste that normally originates in a residential environment.

   RESIDENTIALLY ZONED. A property located in a residential district per §§ 154.201 through 154.209.

   RESTRICTIVE, MORE (LESS). A regulation imposed by this code is more (less) restrictive than another if it prohibits or limits development to a greater (lesser) extent or by means of more (less) detailed specifications.

   RIGHT-OF-WAY. A strip of land dedicated to the city or other unit of government for streets, alleys, and other public improvements.

   RINGELMANN CHART. The Ringelmann chart is one which is described in the United States Bureau of Mines Information Circular 6888, and on which are illustrated graduated shades of grey for use in estimating the light-obscuring capacity of smoke (smoke density).

   RINGELMANN NUMBER. The number appearing on the Ringelmann chart ascribed by the observer to the density of the smoke emission. Where the density or light obstructing capacity of the smoke as observed falls between two consecutive Ringelmann numbers, the lower Ringelmann number shall be considered the density of the smoke observed.

   SALVAGE YARD (LAND USE). See § 154.406(E).

   SCALE (OF DEVELOPMENT). A term used to describe the gross floor area, height, or volume of a single structure or group of structures.

   SCHOOL. A public or private institution which offers instructions in any of the branches of learning and study comparable to that taught in the public schools under the Illinois School Code, including pre- kindergarten, elementary school, and junior and senior high schools, but excluding trade, business, or commercial schools, colleges or universities.

   SEDIMENTATION. The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity, or other natural means as a result of erosion.

   SELECTIVE CUTTING (LAND USE). See § 154.406(B).

   SETBACK. The shortest distance between a building's or structure's exterior and the nearest point on the referenced lot line. See MINIMUM SETBACK.

   SEWAGE WASTE STANDARDS. See § 154.708.

   SHIELDED LIGHT FIXTURE. An outdoor lighting fixture which through design is shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected at least 15º below a horizontal plane running through the lowest point on the fixture where light is emitted. Except for ground and sign mounted light fixtures, that horizontal plane shall be parallel to the surface of the ground. See § 154.603 for Exterior Lighting Standards.

   SHORELAND. Those lands lying within the following distances from the ordinary high water mark of navigable waters: 1,000 feet from a lake, pond, or flowage; and 300 feet from a river or stream; or to a landward side of the floodplain, whichever distance is greater. SHORELANDS shall not include those lands adjacent to farm drainage ditches where:

      (1)   Such lands are not adjacent to a navigable stream or river;

      (2)   Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching or had no previous stream history; and

      (3)   Such lands are maintained in non-structural agricultural use. See § 154.509.

   SHRUB. A low-lying deciduous or evergreen plant. See Appendix B.

   SIGN. Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. For the purposes of this code, any electronic display device, such as a television, monitor, digital frame or similar device, regardless of content, when located between zero feet and ten feet behind the window of a building, and when oriented so as to be viewed from the street or sidewalk, shall be considered a sign. An electronic display device as described above that is not orientated so as to be viewed from the street or is located beyond ten feet behind the window of a building shall not be considered a sign.

   SIGN, AWNING. Any structure made of cloth, metal or other material attached to a building when the same is so erected as to permit its being raised or retracted to a position against the building when not in use.

   SIGN, BACK-LIT. A sign with opaque, painted, raised letters lit by an electric lamp or lamps from behind the sign to create a silhouette effect.

   SIGN, EXTERNALLY ILLUMINATED.   A sign illuminated by a source of light which is cast upon the surface or face of the sign to illuminate by reflection of that light.

   SIGN, FLASHING. (This term commonly includes those signs known as animated signs.) A sign in which the illumination intermittently flashes off and on in whole or in part.

   SIGN, FREESTANDING. (This term includes those signs commonly known as ground-mounted signs and pole signs.) A sign completely or principally self-supported by posts or other support independent of any building or other structure and anchored in or upon the ground.

   SIGN, HISTORICAL. Any sign that is historic in nature or historically established for use in relationship to a structure that is exactly or reasonably preserved or restored to the condition of its original historic period.

   SIGN, INCIDENTAL. A sign, generally informational, that has a purpose secondary to the use of the lot of record on which it is located, such as "no parking," "entrance", "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position off of the lot of record on which the sign is located shall be considered incidental.

   SIGN, IDENTIFICATION. A sign that has only the name and address of the occupant.

   SIGN, INSTITUTIONAL. A sign which identifies a public or private organizational, educational or public health or safety institution.

   SIGN, INTERNALLY ILLUMINATED. A sign with painted, flush or raised letters lit by an electric lamp or lamps within the sign cabinet; or a transparent sign lit from within by electricity or other illuminant.

   SIGN, MARQUEE. Any hood of permanent construction projecting from the wall of a building but not supported by the ground or sidewalk serving the purpose of providing shelter and protection from the weather.

   SIGN, MONUMENT. A ground mounted sign, completely or principally self supported by a monument base that is wide, low to the ground and incorporates architectural detailing/merit to the overall use of building materials on the site.

   SIGN, MOVING. Any sign which rotates or moves or gives the visual impression of rotation or movement.

   SIGN, NEON. A sign made of glass tubing, which is electrified to cause fluorescent agents to glow in various colors. Neon signs shall not be considered as internally illuminated signs.

   SIGN, OFF-PREMISES. A sign which directs attention to a use, business, commodity, service or activity not conducted, sold or offered upon the premises where the sign is located.

   SIGN, PERMANENT. A sign or sign structure which is directly affixed to the ground surface or any part of a building or structure.

   SIGN, PORTABLE. (This term also includes those signs commonly known as sandwich signs.) Any sign that is not permanently affixed to a building, structure or the ground; a sign designed to be moved from place to place. These signs primarily include, but are not limited to, signs attached to wood or metal frames designed to be self-supporting and movable; paper, cardboard or canvas signs wrapped around supporting poles.

   SIGN, PROJECTING. (This term also includes those signs commonly known as overhanging signs.) A sign supported by a building or other structure which projects over any street, sidewalk, alley or public way or public easement, structure or supporting wall.

   SIGN, PUBLIC. Any informational sign which is owned or maintained by a local, regional, state or federal government.

   SIGN, REAL ESTATE. A sign erected for purposes of advertising a parcel or building to be available for sale, rental or lease.

   SIGN, ROOF. A sign erected, constructed, or maintained in whole or in part upon or over the roof of a building or structure.

    SIGN, TEMPORARY. Any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames.

   SIGN, TIME AND TEMPERATURE. A sign whereon the time and/or temperature is indicated by intermittent lighting and limited to the numerals indicating the time and/or temperature.

   SIGN, VEHICLE. Any advertising or business sign attached to a motor vehicle which is parked and placed in position for the purpose of displaying the same to the public.

   SIGN, WALL. A sign mounted, attached to, or painted on the exterior wall of a building or structure in a plane parallel to that of the supporting wall.

   SIGN, WINDOW. A sign visible from the exterior of a building or structure which is painted on a window; depicted upon a card, paper or other material; or placed on, taped on, or hung immediately behind the window, or displayed from a window for the specific purpose of attracting attention of the passerby to a sale or to promotional items or other products or services.

   SILVICULTURE, CLEAR CUTTING (LAND USE). See § 154.406(B).

   SILVICULTURE, SELECTIVE CUTTING (LAND USE). See § 154.406(B).

   SINGLE-FAMILY DETACHED DWELLING UNIT (LAND USE). See § 154.406(A).

   SITE AREA. See GROSS SITE AREA.

   SITE PLAN. See § 154.914 for applicable procedures.

   SKYLIGHT. A window or other paned area located on the ceiling or roof of a structure.

   SMOKE. Any visible discharge into the air caused by the release of particulate matter.

   SMOKE EMISSIONS STANDARDS. See § 154.703.

   SMOKE UNIT. The number obtained when the smoke density in Ringelmann number is multiplied by the time of emission in minutes. For the purpose of this calculation, a Ringelmann density reading shall be made at least once a minute during the period of observation; each reading is then multiplied by the time in minutes during which it was observed. The various products are then added together to give the total number of smoke units observed during the entire observation period.

   SOLID FENCE. Any fence which cannot be seen through. Such fences include basketweave fences, stockade fences, plank fences, and similar fences.

   SOUND LEVEL. An operation or use is the intensity of sound, measured in decibels, produced by such operation or use.

   SOUND LEVEL METER. An instrument standardized by the American Standards Association for measurement of intensity of sound.

   SPECIAL USE. A land use which requires a special use permit in order to develop. See § 154.924 for applicable procedures.

   STABLE, PRIVATE (LAND USE). See § 154.406(H).

   STANDARD PAVEMENT WIDTH. Required pavement width per the Chapter 153, Subdivision Regulations, in residential subdivisions on a street that allows parking or as otherwise determined by the City Engineer.

   STANDARD ZONING DISTRICTS. Zoning districts which primarily regulate the use of land and intensity or density of such use. See § 154.201.

   START OF CONSTRUCTION. The date of issue of the building permit for any development, including new construction and substantial improvement, provided that the actual start of the construction or improvement was within 180 days of permit issuance. The actual start of construction is the placement of slab or footings, piles, columns, or actual placement of a manufactured home.

   STEEP SLOPE. Steep slopes are areas which contain a gradient of 20% or greater as shown on USGS 7.5 minute topographic maps for the city and its environs. See § 154.506.

   STORAGE LAND USE(S). See § 154.406(E).

   STORY. The portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is not a floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof.

   STORY, HALF. The portion of a building under a gable, hip, or mansard roof, the wall plates of which, on at least two opposite exterior walls, are not more than four and one-half feet above the finished floor of such story. In the case of one-family dwellings and multiple-family dwellings less than three stories in height, a half-story in a sloping roof shall not be counted as a story for the purpose of this chapter. In the case of multiple-family dwellings three or more stories in height, a half-story shall be counted as a story.

   STREET. A public or private way for motor vehicular travel. 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.

   STREET, ARTERIAL. A thoroughfare for the rapid movement of traffic with a minimum right-of-way of 60 feet and speed limits commonly between 35 and 55 miles per hour.

   STREET, COLLECTOR. A thoroughfare for the movement of traffic from arterials to residential streets or other low-volume areas with a minimum right-of-way of 50 feet and speed limits between 25 to 45 miles per hour.

   STREET, LOCAL. A residential or other low-volume street used primarily for access to abutting property with a minimum right-of-way of 50 feet and speed limits of 30 miles per hour or less.

   STREET, LOCAL RESIDENTIAL. A local street serving primarily to collect traffic originating directly from residential driveways and private residential courts and streets.

   STREET, PLATTED. A public easement or property dedicated or intended as a street which has not been improved or opened to vehicular traffic.

   STREET, RESIDENTIAL COLLECTOR. A collector street serving primarily residential land uses which primarily serves to connect local residential streets to collector or arterial streets.

   STREET LINE. See LOT LINE, FRONT.

   STRIP DEVELOPMENT. A pattern of land uses typified by nonresidential and/or multi-family development located along one or both sides of a street which is generally only one lot deep and which is characterized by many curb cuts, low green space ratios, low landscape surface ratios, high floor area ratios, and/or low quantities of landscaping.

   STRUCTURAL ALTERATIONS. Any change in the supporting members of a building such as bearing walls or partitions, columns, beams, or girders excepting such alterations as may be required for the safety of the building.

   STRUCTURE.

      (1)   Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including but without limiting the generality of the foregoing, to advertising signs, billboards, backstops for tennis courts and pergolas.

      (2)   Structure also includes a walled and roofed building including a gas or liquid storage tank that is principally above ground, as well as a mobile home and prefabricated building.

   SWALE. A linear depression in land running downhill or having a marked change in contour direction in which sheet runoff would collect and form a temporary watercourse.

   TEMPORARY GUESTS. Anyone occupying premises for a period not to exceed 30 days.

   TEMPORARY USE. A land use present on a property for a limited and specified period of time. See § 154.406(O).

   TERRACE/PATIO. A level plane or platform which, for the purpose of this chapter, is located adjacent to one or more faces of the principal structure and which is constructed not more than four feet in height above the average level of the adjoining ground.

   THREE COMPONENT MEASURING SYSTEM. Instrumentation which can measure earthborne vibrations in three directions; that is, vibration occurring in a horizontal as well as a vertical plane. See § 154.706.

   TOWNHOUSE (LAND USE). See § 154.406(A).

   TRANSPORTATION LAND USE(S). See § 154.406(F).

   TWIN HOUSE (LAND USE). See § 154.406(A).

   TWO-FLAT HOUSE (LAND USE). See § 154.406(A).

   UNDUE HARDSHIP. The circumstance where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of the ordinance.

   USE. The purpose or activity for which land or any building thereon is designed, arranged, or intended, or for which it is occupied or maintained.

   USE, ACCESSORY. See ACCESSORY USE.

   USE, SPECIAL. See SPECIAL USE.

   USE, PRINCIPAL. See PRINCIPAL USE.

   VARIANCE.  Permission to depart from the literal requirements of this code. See § 154.925.

   VEHICLE REPAIR AND MAINTENANCE. See § 154.406(D).

   VIBRATION. The periodic displacement, measured in inches, of earth.

   VIBRATION STANDARDS. See § 154.706.

   WASTE DISPOSAL FACILITY (LAND USE). See § 154.406(E).

   WETLAND, ISOLATED. See § 154.510.

   WOODLAND, MATURE. See § 154.507.

   WOODLAND, YOUNG. See § 154.507

   WORKING DAYS. Monday, Tuesday, Wednesday, Thursday or Friday; excluding holidays granted by the city to its department heads.

   YARD. A required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest ground level to the sky, except as expressly permitted in this code. A yard shall extend along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located.

   YARD, FRONT. A yard extending along the full width of the front lot line extending from the abutting front street right-of-way line to a depth required in the yard regulations for the district in which such lot is located.

   YARD, REAR. A yard extending along the full width of the rear lot line extending toward the front lot line for a depth as specified in the yard regulations for the district in which such lot is located.

   YARD, REQUIRED. The open space area between a lot line and the buildable area in which no structure shall be located except as may otherwise be provided by this code.

   YARD, SIDE. A yard extending along the side lot line between the front and rear yards having a width as specified in the yard regulations for the district in which such lot is located.

   YARD, SUM SIDE. The combined width of two opposite side yards having a width as specified in the yard regulations for the district in which such lot is located.

   YARDS, ALL. The front, rear and side yards on a lot.

   ZONING ADMINISTRATOR. The person authorized and charged by the city with the administration and enforcement of this code. See § 154.903.

   ZONING DISTRICT(S). See §§ 154.201 through 154.209.

   ZONING MAP. See OFFICIAL ZONING MAP. See § 154.102.

(Ord. O-05-04, passed 4-11-05; Am. Ord. O-06-32, passed 10-23-06; Am. Ord. O-09-10, passed 4-13-09; Am. Ord. O-10-19, passed 5-24-10; Am. Ord. O-14-01, passed 1-13-14; Am. Ord. O-13-19, passed 11-25-13; Am. Ord. O-14-05, passed 3-24-14; Am. Ord. O-16-19, passed 11-14-16; Am. Ord. O.19.15, passed 10-16-19; Am. Ord. O.20.05, passed 2-24-20; Am. Ord. O.22.10, passed 5-9-22; Am. Ord. O.25.01, passed 2-24-25)

   (A)   Notice of violations. The Zoning Administrator shall give written notification of any violation of this chapter to the owner or lessor of or the trustee or other legally responsible party for such property stating in such notification that he has inspected the property and has found it in violation of this chapter. He shall state in the notification in clear, precise terms a description or explanation of the violation. The property owner, trustee, lessor, or legally responsible party shall have 30 days in which to correct such violation or to give satisfactory evidence that they have taken steps that will lead to correcting such violation within a stated period of time, which time must be agreeable to the Zoning Administrator as being fair and reasonable.

   (B)   Time limitation for correction. The owner, trustee, lessor or other legally responsible party shall be deemed to be in violation of this chapter if after 30 days of the Notice of Violation, the violation has not been corrected or is not in the process of being corrected within a reasonable length of time or the time in which the correction will be made has not been approved by the Zoning Administrator.

   (C)   Penalty. A violation of any of the provisions of this chapter shall be considered a misdemeanor and punishable in accordance with this code of ordinances. Each day that a violation is permitted to exist shall constitute a separate offense.

   (D)   Commencement of work without complying with procedures. In the event any work is started prior to following the proper procedures as provided by this chapter, a stop work order shall be issued by the Zoning Administrator or the Mayor. An immediate fine of $250 will be imposed for failure to comply with the stop work order. After the stop work order is issued, and before work may be continued, the violator will be given three working days to commence the procedure to obtain the proper permits and in all ways come into compliance with this chapter. If the violator does not commence the procedure to obtain the proper permits within the three working day period, a fine of $25 per day will be imposed until such procedure is commenced.

(Ord. O-05-04, passed 4-11-05)

   The area located within the jurisdiction of this code is hereby divided into zoning districts of such number and community character as are necessary to achieve compatibility of land uses within each district, to implement the officially adopted city Comprehensive Plan, and to achieve the other purposes of this Code.

(Ord. O-05-04, passed 4-11-05)

   Standard zoning districts established by this code are shown on the official zoning map of the city, which together with all explanatory materials thereon, is hereby made part of this code.

(Ord. O-05-04, passed 4-11-05)

   The following rules shall be used to determine the precise location of any zoning district boundary shown on the official zoning map of the city:

   (A)   Zoning district boundaries shown as following or approximately following the limits of any city, township or county boundary shall be construed as following such limits.

   (B)   Zoning district boundaries shown as following or approximately following streets or railroad lines shall be construed as following the centerline of such streets or railroad lines.

   (C)   Zoning district boundary lines shown as following or approximately following platted lot lines or other property lines as shown on the Jo Daviess County Supervisor's Assessment Maps ("tax maps") shall be construed as following such lines.

   (D)   Zoning district boundaries shown as following or approximately following the centerlines of streams, rivers, or other continuously flowing watercourses shall be construed as following the channel centerlines of such watercourses, and, in the event of a natural change in the location of such streams, rivers, or other watercourses, the zoning district boundary shall be construed as moving with the channel centerline.

   (E)   Zoning district boundaries shown as following or approximately following ridgelines or watershed boundaries shall be construed as following such lines.

   (F)   Zoning district boundaries shown as separated from any of the features listed in divisions (A) through (E) above shall be construed to be at such distances there from as are shown on the official zoning map. Where any uncertainty exists as to the exact location of a zoning district boundary line as shown on the official zoning map, the location of the line shall be determined by the Zoning Administrator.

(Ord. O-05-04, passed 4-11-05)

   Submerged land heretofore reclaimed, or which may be reclaimed hereafter, and which is not shown on the official zoning map, shall be classified as the zoning district of the land immediately adjacent thereto. Land heretofore annexed or which may be annexed to the city hereafter, and which is not shown on the official zoning map, shall be classified as LA, Limited Agriculture District. Whenever any street, alley, or other public way within the city limits shall be officially vacated, such street, alley or other public way or portion thereof shall automatically be classified in the same zoning district as the property to which it attaches.

(Ord. O-05-04, passed 4-11-05; Am. Ord. O-10-16, passed 6-14-10)

   If two or more lots or combinations of lots and portions of lots with continuous frontage under common ownership were of record at the time of passage of this code, and if all of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this code, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this code, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this code, except in the following situations:

   (A)   One vacant, nonconforming lot of record, adjacent to and held in common ownership with a lot occupied by a permitted use, may be used for a permitted use, not withstanding limitations imposed by other provisions of this code, provided that the vacant lot is not more than 10% smaller in area or width than the average lot size of all developed lots within the block in which it is located. This provision is intended to apply to single nonconforming lots located on both sides of a developed lot (a maximum of three contiguous lots).

   (B)   Two vacant lots under the same ownership with continuous frontage which were of record at the time of passage of this code, and which, individually, do not meet the requirements established for lot width and area, may be used individually provided each lot is not less than 90% of the average width and area of the lots within the block.

   (C)   Any single lot or parcel of land that does not adjoin another lot held in common ownership, which was of record at the time of adoption of this code, that does not meet the requirements for minimum lot width and area may be utilized for a permitted use. With the approval of the Zoning Administrator, one or more of the bulk standards of the district may be reduced by an amount proportional to the lot's failure to comply with the minimum width or area requirements; provided however, that no bulk standard shall be reduced by more than 25%.

(Ord. O-05-04, passed 4-11-05)

   (A)   Definition. A NONCONFORMING USE is an active and actual use of land or structures, or both, legally established prior to the effective date of this code or subsequent applicable amendment thereto that has continued the same use to the present and that would not be permitted under the current terms of this code.

   (B)   Continuation. A lawful use made nonconforming by the adoption of this code of ordinances of the city may continue only for so long as such use continues unabated subject to the requirements of this section. This section shall not prohibit normal maintenance or minor repair of any nonconforming use.

   (C)   Non-residential uses. Nonconforming non-residential uses shall be regulated in accordance with the following:

      (1)   Maintenance. The normal maintenance of a structure or land containing or related to a nonconforming use is permitted, including necessary repairs and incidental alterations which do not exacerbate the adverse impacts of the nonconforming use in relation to the purpose of this code. In no instance shall said repairs exceed over the life of the structure, 50% of the present assessed market value of said structure or property prior to said repairs.

      (2)   Expansion. In all Nonresidential/ Resource Districts, expansion of up to 20% of the total existing floor area or 20% of any outdoor operations/storage area may be permitted with an approved site plan review in any continuous five-year period, provided all other provisions of this code are met. Expansion of a non-residential use in a Residential District shall be limited to no more than 10% and only with the approval of a special use permit.

      (3)   Change of use. Any nonconforming use may be changed to another nonconforming use upon. the approval of the Zoning Administrator, provided that:

         (a)   The proposed use is equally or more appropriate and less intensive than the existing use, but may not thereafter be returned to the previous nonconforming use or changed to any more intensive use;

         (b)   The change will not increase congestion in the streets;

         (c)   The change will not endanger the health, safety, morals, or general welfare of the district in which it is located;

         (d)   The amount of land devoted to the nonconforming use shall not be increased;

         (e)   The Zoning Administrator may require whatever conditions and safeguards deemed necessary in granting the change.

         (f)   Any part of a building, structure or land occupied by a nonconforming use which is changed to or replaced by a use conforming to the provisions of this code shall not thereafter be used or occupied by a nonconforming use.

      (4)   Abandonment. A nonconforming use that has been discontinued for a continuous period of 12 months, for whatever reason, shall be considered to be abandoned and shall not be re-established. Any further use on the property shall be in conformance with all applicable provisions of this code. Evidence of intent to abandon the nonconforming use is not required.

      (5)   Destruction. A nonconforming use damaged to less than 50% of its fair market value, based on the valuation of the township assessor or a market appraisal performed by a certified appraiser, may be restored provided that: all portions of the structure being restored are not and were not on or over a property line; all construction is in compliance with current construction codes, such as the Fire and Building Codes; a building permit is obtained within six months from the date of the damage; and the certificate of occupancy (or other final inspection) is issued within one year of the issuance of the building permit. If damage exceeds 50% or more of the fair market value, restoration or improvement shall not be permitted unless the restoration results in a use conforming to all applicable provisions of this code.

   (D)   Residential uses. Nonconforming residential uses shall be regulated in accordance with the following provisions. As used in this paragraph, nonconforming residential uses are those uses which are nonconforming due to the number of dwelling units they contain or their location in a zoning district that does not permit residential uses.

      (1)   Maintenance. The normal maintenance of a structure or land containing or related to a nonconforming use is permitted, including necessary repairs and incidental alterations which do not exacerbate the adverse impacts of the nonconforming use in relation to the purpose of this code.

      (2)   Expansion. In all zoning districts, nonconforming single-family homes may expand by the greater of either 20% of the existing gross floor area or 20% of the value of the existing structure, based on the valuation of the township assessor or a market appraisal performed by a certified appraiser, in any continuous five-year period provided that: an addition of up to 150 square feet shall be permitted regardless of existing size or value of the structure; no additional dwelling units are created; and all other provisions of this code are met. Expansion of residential structures other than single family homes shall be strictly limited to common areas only and limited to 300 square feet in any continuous five-year period.

      (3)   Abandonment. A nonconforming residential use, other than a single-family home, that has not been occupied for a continuous period of 12 months, for whatever reason, shall be considered to be abandoned and shall not be reoccupied. Any further use on the property shall be in conformance with all applicable provisions of this code. Evidence of intent to abandon the nonconforming use is not required.

         (a)   A nonconforming single-family home that has not been occupied for a continuous period 12 months or longer shall not be considered to be abandoned and may be reoccupied at any time provided the structure has not been changed, legally or illegally, to a non-residential use or multiple-unit residential use.

         (b)   Removal of a nonconforming mobile home or manufactured home not in a mobile home park from its foundation or pad for a continuous period of 12 months shall constitute abandonment of the use and placement of a new unit must comply with the provisions of this code. Evidence of intent to abandon the nonconforming mobile home or manufactured home use is not required.

         (c)   Failure to correct code violations that have been adjudicated and so ordered in the manner and time frame so ordered shall constitute intent to abandon a nonconforming residential use.

      (4)   Destruction. Nonconforming residential uses that are damaged may be rebuilt in accordance with the following:

         (a)   A structure damaged to less than 50% of its fair market value, based on the valuation of the township assessor or a market appraisal performed by a certified appraiser, may be restored provided that: all portions of the structure being restored are not and were not on or over a property line; the number of dwelling units does not increase; all construction is in compliance with current construction codes, such as the Fire and Building Codes; a building permit is obtained within six months from the date of the damage; and the certificate of occupancy (or other final inspection) is issued within one year of the issuance of the building permit.

         (b)   A structure damaged to 50% or greater of its fair market value, based on the valuation of the township assessor or a market appraisal performed by a certified appraiser, may be rebuilt to its existing number of units provided that: the units were legally created at the time they were built; all portions of the structure being restored are not and were not on or over a property line; the number of dwelling units does not increase; the structure and property are in compliance with all other regulations of this code, other than the number of units; all construction is in compliance with current construction codes, such as the Fire and Building Codes; a building permit is obtained within six months from the date of the damage; and the certificate of occupancy (or other final inspection) is issued within one year of the issuance of the building permit.

      (5)   Density acceptance. Owners who are unable to prove to the satisfaction of the Zoning Administrator that the density (number of units) on their property was legally established may appeal to the Zoning Board of Appeals to be granted rebuilding rights under this section. In deciding such appeals, the Zoning Board of Appeals shall hold a public hearing and consider the following: any and all documentation available regarding the development history of the property, both permitted and unpermitted; the number, type and disposition of code violations and criminal infractions on the property; the length of time the current owner has had the property and whether the density or violations preceded that ownership; the degree of nonconformity of density; the number and extent of any site nonconformities; and the potential impact granting indefinite rebuilding rights would have on surrounding properties and the neighborhood in general. Notice of the hearing shall be provided in the same manner as required for a variance before the Zoning Board of Appeals.

      (6)   Rebuilding. All structures damaged to 50% or greater of their fair market value that are reconstructed, shall comply with all provisions of this code, other than density, including, but not limited to: setbacks, building height, parking, landscaping and open space. Although the property shall retain the right to re-establish the same number of dwelling units, changes may be required to the size and type of units and the configuration of the structure(s) in order to meet other code requirements. If the property does not conform to all requirements of this code, other than density, approval of a special use permit shall be required in order to vary from the requirements. In addition to complying with the special use permit criteria, the applicant shall demonstrate that the proposed redevelopment of the property complies with the code requirements to the maximum extent practical given that it is the intent of this code that the property is permitted to retain its density and remain viable.

(Ord. O-05-04, passed 4-11-05)

   (A)   Definition. NONCONFORMING SITES AND STRUCTURES are those that do not meet one or more of the bulk standards applicable to the site or structure, or one or more of the site improvement and performance standards contained in §§ 154.601 through 154.605 and 154.701 through 154.713.

   (B)   Continuation. A lawfully created structure or parcel of land existing as of the effective date of this code that is nonconforming due solely to failure to meet the bulk standards of the zoning district or the site improvement and performance standards of §§ 154.601 through 154.605 and 154.701 through 154.713 may be used for any purposes permitted in the zoning district so long as the use is in conformance with the provisions of this section.

   (C)   Maintenance and restoration. In any continuous 12-month period, interior and exterior remodeling of a nonconforming structure that requires a building permit shall require correction of existing on-site improvements that do not conform to the requirements of §§ 154.601 through 154.605 and 154.701 through 154.713, in accordance with this section. The cost of the remodeling shall be as shown on the approved building permit application and the current fair market value of the existing structure shall be based on a market appraisal performed by a certified appraiser or as determined by the township assessor.

      (1)   Remodeling projects that cost 25% or less of the current fair market value of the structure shall not require any correction of existing conditions that fail to meet the requirements of §§ 154.601 through 154.605 and 154.701 through 154.713, other than as may be required by Fire and Building Codes.

      (2)   Remodeling projects that cost more than 25%, but less than 75% of the current fair market value of the structure shall require a corresponding percentage increase in compliance with the requirements of §§ 154.601 through 154.605 and 154.701 through 154.713, until the site achieves 100% compliance.

(For example, if a site has only 2,000 sq. ft. of the 3,000 sq. ft. of required landscape area and the cost of the remodeling is 30% of the value of the building, then 30% of the required landscape area shall be added, or 900 sq. ft.)

      (3)   Remodeling projects that cost 75% or greater of the current fair market value of the structure shall require 100% compliance with the requirements of §§ 154.601 through 154.605 and 154.701 through 154.713.

      (4)   Remodeling projects of any size shall not require changes in the number of parking spaces, except as provided in § 154.601.

      (5)   Properties that are physically constrained from complying with these provisions shall comply to the maximum extent practicable as determined by the Zoning Administrator.

      (D)   Expansion. In any continuous five-year period, additions to structures on nonconforming sites shall require correction of existing on-site improvements that do not conform to the requirements of §§ 154.601 through 154.605 and 154.701 through 154.713.

      (1)   Expansions that would result in less than a 35% increase of the total gross square footage of the existing structure(s) shall require a corresponding percentage increase in compliance with the requirements of §§ 154.601 through 154.605 and 154.701 through 154.713 until the site achieves 100% compliance. The same requirements also shall apply to the addition of new or increased areas for outdoor operations/storage. (For example, if the addition is 20% of the size of the existing building and the site contains only 50% of the required landscaping, 20% of the required landscaping for the entire site must be provided thereby bringing the site to 70% of the total required.)

      (2)   Complete replacement of existing structures or expansions that result in a 35% or greater increase of the total gross square footage of the existing structure(s) require the entire property to meet all of the requirements of §§ 154.601 through 154.605 and 154.701 through 154.713. The same requirements also shall apply to the addition of new or increased areas for outdoor operations/storage.

      (3)   Expansions that necessitate an increase in the number of parking spaces shall be required to provide 100% of the required parking spaces for the use in accordance with §§ 154.601 through 154.605 and 154.701 through 154.713. The additional parking area shall comply with all associated landscaping and drainage requirements of this code.

      (4)   Structures with wall lines that fail to meet the setbacks established in this code may be expanded horizontally or vertically at the existing setback dimension provided that the setback dimension is 75% or greater of the required setback and all other applicable bulk standards are met.

   (E)   Change of use. Changes of use that necessitate an increase in the number of parking spaces shall be required to provide additional parking spaces, as per § 154.601, where space on the lot is available.

   (F)   Destruction. A nonconforming structure which is damaged to 50% or less of its fair market value, based on a valuation of the township assessor or a market appraisal performed by a certified appraiser, may be restored within the existing footprint provided that: all portions of the structure being restored are not and were not on or over a property line; all construction is in compliance with current construction codes, such as the Fire and Building Codes; a building permit is obtained within six months from the date of the damage; and the certificate of occupancy (or other final inspection) is issued within one year of the issuance of the building permit. If damage exceeds 50%, restoration or improvement shall not be permitted unless the restoration results in a structure and site conforming to all applicable requirements of this code.

(Ord. O-05-04, passed 4-11-05)

   The Zoning Board of Appeals may permit one extension of up to 12 additional months to the time periods for abandonment, obtaining a building permit, and/or completing construction provided the applicant can demonstrate circumstances out of his control have prevented a good faith attempt to re-establish or rebuild the nonconforming use and/or structure. Such circumstances may include the health of the applicant, court proceedings, failure to reach an insurance settlement, acts of God, or similar hardships.

(Ord. O-05-04, passed 4-11-05)

   The Zoning Board of Appeals may vary the provisions of this section. Application and processing shall be in accordance with the provisions of § 154.925.

(Ord. O-05-04, passed 4-11-05)

   The nonconforming regulations of this subchapter apply only to legally established, nonconforming lots, uses, sites or structures, and evidence of the legal status of a nonconforming lot, use, site or structure shall be supplied by the owner of the property upon request of the Zoning Administrator. Owners who fail to present sufficient evidence that the lot, use, site, or structure was legally established under a previous code may be denied the rights and privileges granted by this subchapter and may be subjected to enforcement proceedings by the city in order to obtain full compliance with this code.

(Ord. O-05-04, passed 4-11-05)

   For the purpose of this code, all areas within the jurisdiction of this code are hereby divided into standard zoning districts, as shown in Table 154.201.1. The categories are listed in increasing order of intensity. Likewise, the districts within the categories are also listed in increasing order of intensity.

   (A)   Conservation Districts.

      (1)   Limited Agricultural (LA) District. This district is intended to permit development of a highly rural community character. The land use standards for this district permit extremely low density single-family residential development at a density of one dwelling unit for every 35 gross acres, as well as a limited variety of agricultural and agricultural support land uses. Density and intensity standards for this district are designed to ensure that development which requires even a minimum of urban services does not occur until such services are available. As such, the Limited Agricultural (LA) District shall either serve as a designation which preserves and protects agricultural activities indefinitely, or as a "holding zone" which provides for an interim land use (agriculture) that will easily permit further development (with rezoning to another district) at the appropriate time.

      (2)   Floodway District. Refer to Chapter 155, Floodplain Management Standards.

      (3)   Flood Fringe Overlay District. Refer to § 155.004 regarding regulating development in floodplain areas.

   (B)   Residential Districts.

      (1)   Countryside Residential (CSR) District. This district is intended to permit development which has a countryside community character. Unlike the case for the Limited Agricultural (LA) District, the land use standards for this district permit primarily single-family detached residential development and a variety of related institutional land uses, and are not oriented to a wide range of agricultural activities. Density and intensity standards for this district are designed with the assumption that urban services (particularly sewer and water) will not be made available and that such facilities will be provided on-site. The Countryside Residential (CSR) District shall serve as a designation which preserves and protects the countryside community character of its area while serving as a transition between highly rural agricultural areas and more developed urban areas. A variety of residential development options are available in this district, with a maximum gross density (MGD) of one dwelling unit for every five gross acres for conventional development or one dwelling unit for every two and one-half gross acres for cluster development. This district is generally mapped in areas of low agricultural production/potential but where the extension of urban services would be difficult and not cost-effective.

      (2)   Low Density Residential (LDR) District. This district is intended to permit development which primarily has a detached, single-family community character. Density and intensity standards for this district are designed to ensure that the Low Density Residential (LDR) District shall serve as a designation which preserves and protects the residential community character of its area. Residential development with a maximum gross density (MGD) of seven dwelling units per gross acre is available within this district.

      (3)   Medium Density Residential (MDR) District. This district is intended to permit development which has a medium density community character. The land use standards for this district permit single-family detached homes, twin-houses and duplexes by right and related institutional land uses. Density and intensity standards for this district are designed to ensure that the Medium Density Residential (MDR) District shall serve as a designation which preserves and protects the community character of its area. A variety of residential development options are available in this district, with a maximum gross density (MGD) of nine and one-half dwelling units per gross acre.

      (4)   High Density Residential (HDR) District. This district is intended to permit development which has a high density community character. The land use standards for this district permit single-family detached homes, twin houses, duplexes, two flats, townhouses, multiplexes, and apartments permitted by right and related institutional land uses. Density and intensity standards for this district are designed to ensure that the High Density Residential (HDR) District shall serve as a designation which preserves and protects the community character of its area. A variety of residential development options are available in this district, with a maximum gross density (MGD) of 16 dwelling units per gross acre.

   (C)   Nonresidential Districts.

      (1)   Neighborhood Office (NO) District. This district is intended to permit high quality office, institutional, and residential land uses at an intensity compatible with the older portions of the city predominately developed with large homes which are desirable to maintain, where traffic volumes and adjacent land uses dictate the transition of these areas to certain nonresidential uses. The desired neighborhood character of the development is attained through landscape surface area ratio (LSR) requirements, and by restricting the maximum building size (MBS).

      (2)   Planned Office (PO) District. This district is intended to permit high quality office and institutional land uses at an intensity compatible with the overall community character of the city. Significant areas of landscaping are required in this district to ensure that this effect is achieved. In order to ensure a minimum of disruption to adjacent residential development, no development within this district shall take direct access to a local residential street or a residential collector street.

      (3)   Neighborhood Commercial (NC) District. This district is intended to permit small-scale commercial development which is compatible with the desired overall neighborhood community character of the area in general, and with adjacent residential development in particular. The desired neighborhood community character of the development is attained through landscape surface area ratio (LSR) requirements, and by restricting the maximum building size (MBS). Significant areas of landscaping are required in this district to ensure that this effect is achieved.

      (4)   Planned Commercial (PC) District. This district is intended to permit large- and small-scale commercial development which is compatible with an overall high quality community character, particularly along the Highway 20 corridor. Accordingly, the district standards are crafted to work in conjunction with the requirements of the Highway 20 Corridor Overlay District, § 154.303. A wide range of office, retail, and service land uses are permitted within this district, but with extremely limited outdoor activities and operations. In order to ensure a minimum of disruption to adjacent residential development, no development within this district shall take direct access to a local residential street or a residential collector street.

      (5)   General Commercial (GC) District. This district is intended to permit both large- and small-scale commercial development at intensities which provide significant incentives for infill and new development. To accomplish this effect, the minimum required landscaped surface area ratio (LSR) is lower than that required in the Planned Commercial District. A wide range of office, retail, and entertainment land uses are permitted within this district, including those with outdoor activities. In order to ensure a minimum of disruption to adjacent residential development, no development within this district shall take direct access to a local residential street or a residential collector street.

      (6)   Downtown Commercial (DC) District. This district is intended to permit both large- and small-scale downtown commercial development at an intensity which provides significant incentives for infill development, redevelopment, and the continued economic viability of existing development. Accordingly, the district standards are crafted to work in conjunction with the requirements of the Historic District set forth in Chapter 151. A wide range of office, retail, and lodging land uses are permitted within this district. Consistent with existing development patterns, no requirements for on-site landscaping or parking are required in this district for permitted uses. This district is strictly limited to the central city.

      (7)   Planned Industrial (PI) District. This district is intended to permit both large- and small-scale industrial, research and development, and office at an intensity which is consistent with the overall desired character of the community. Beyond a relatively high minimum landscape area ratio (LSR), the primary distinguishing feature of this district is that it is geared to indoor activities which are not typically associated with high levels of noise, soot, odors and other potential nuisances for adjoining properties. In order to ensure a minimum of disruption to adjacent residential development, no development within this district shall take direct access to a local residential street or a residential collector street.

      (8)   Light Industrial (LI) District. This district is intended to permit both large- and small-scale industrial and office development at an intensity which is consistent with existing transition and urban intensity development. The primary distinguishing feature of this district is that it is geared to indoor industrial activities which are not typically associated with high levels of noise, soot, odors and other potential nuisances for adjoining properties. To ensure a minimum of disruption to adjacent residential development, no development within this district shall take direct access to a local residential street or a residential collector street.

      (9)   Heavy Industrial (HI) District. This district is intended to permit both large- and small-scale industrial and office development at an intensity which provides ample incentive for infill and new development. This district is designed to permit a very wide variety of industrial uses which may occur both indoors and outdoors, including certain land uses which are permitted in no other zoning district because of their potential to create nuisances for adjoining properties. In order to ensure a minimum of disruption to adjacent residential development, no development within this district shall take direct access to a local residential street or a residential collector street.

(Ord. O-05-04, passed 4-11-05; Am. Ord. O-06-32, passed 10-23-06)

   Table 154.202.1 provides the bulk standards for principal and major accessory structures for all residential uses within the standard zoning districts in which they are permitted.

 

   Table 154.203.1 provides the minor accessory structures and obstructions permitted within the required setbacks for residential land uses.

 

 

   Table 154.204.1 provides the bulk standards for principal and major accessory structures for all nonresidential land uses within all of the standard zoning districts in which they are permitted.

 

   Table 154.205.1 provides the minor accessory structures and obstructions permitted within the required setbacks for nonresidential uses.