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Gilman City Zoning Code

CHAPTER 18

08 - DEFINITIONS AND INTERPRETATION OF TERMS

18.08.010 - Construction.

A.

Words used in the present tense shall include the future, and words used in the singular number shall include the plural number and the plural the singular, where the context requires.

B.

"Shall" is mandatory and not discriminatory.

C.

"May" is permissive.

D.

"Building" shall include "structure."

E.

"Lot" shall include the words "piece," "parcel" and "tract"; and the phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for" and "occupied for."

(Ord. 483 § 1.7, 1970).

18.08.020 - Interpretation.

When the meaning of the words and terms used in this title are not clean or subject to doubt, the definitions of such words shall be taken from the following, in order of preference:

A.

Definitions made a part of this title;

B.

Federal Housing Administration's "Definitions";

C.

Webster's International Dictionary, unabridged; and

D.

Illinois Department of Public Health.

(Ord. 483 § 1.8, 1970).

18.08.030 - Accessory building.

"Accessory building" means subordinate building or portion of the main building, the use of which is incidental to that of the main dwelling or to the main use of the premises. An accessory use is one which is incidental to the main use of the premises.

(Ord. 483 § 1.91, 1970).

18.08.035 - Adult-use cannabis.

"Adult-use cannabis business establishment" means an adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.

"Adult-use cannabis craft grower" means a facility operated by an organization or business that is licensed by the state department of agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

"Adult-use cannabis cultivation center" means a facility operated by an organization or business that is licensed by the state department of agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

"Adult-use cannabis dispensing organization" means a facility operated by an organization or business that is licensed by the state department of financial and professional regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

"Adult-use cannabis infuser organization or infuser" means a facility operated by an organization or business that is licensed by the state department of agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

"Adult-use cannabis processing organization or processor" means a facility operated by an organization or business that is licensed by the state department of agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

"Adult-use cannabis transporting organization or transporter" means an organization or business that is licensed by the state department of agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

(Ord. No. 19-20-10, § 2, 12-9-2019)

18.08.040 - Alley.

"Alley" means a public or private thoroughfare which affords only a secondary means of access to the abutting property.

(Ord. 483 § 1.92, 1970).

18.08.050 - Altering.

"Altering" means the structural change of any existing structure or changes of height, width or depth.

(Ord. 483 § 1.93, 1970).

18.08.060 - Apartment.

"Apartment" means a room on suite of rooms which is arranged, designed, used or intended for use as a housekeeping unit. Complete bath and kitchen accommodations must always be included for each apartment.

(Ord. 483 § 1.94, 1970).

18.08.070 - Automobile wrecking yard.

"Automobile wrecking yard" means any place where two or more motor vehicles, not in running condition, or parts thereof, are stored in the open and are not being restored to operation; or any land, building or structure used for wrecking or restoring of such motor vehicle or farm machinery, or parts thereof, stored in the open and not being restored to operating condition; and including the commercial sa1vaging of any other goods, articles or merchandise.

(Ord. 483 § 1.95, 1970).

18.08.080 - Basement.

"Basement" means a story having part but more than one-half its height above grade. A basement shall be counted as a story for the purposes of this title.

(Ord. 483 § 1.96, 1970).

18.08.090 - Boardinghouse.

"Boardinghouse" means a building other than a hotel or restaurant where meals are proivided for compensation for three or more persons but not more than twelve, who are not members of the keeper's family.

(Ord. 483 § 1.97, 1970).

18.08.100 - Building.

"Building" means any structure with substantial walls and roof securely affixed to the land, designed or intended for the support, enclosure, shelter, or protection of persons, animals, chattel or property.

(Ord. 483 § 1.98, 1970).

18.08.110 - Building, nonconforming.

"Nonconforming building" means any building which does not conform to the regulations of this title prescribing the minimum area ratio, required yards, coverage, height and setbacks, minimum required spacing between buildings on a single lot, and minimum required usable space for the district in which such building is located.

(Ord. 483 § 1.99, 1970).

18.08.120 - Bulk petroleum storage.

"Bulk petroleum storage" means a place where crude petroleum, gasoline, naphtha, benzine, kerosene, diesel fuel or other flammable liquids which have a flashpoint at or below two hundred degrees Fahrenheit are stored above ground, underground or in mobile tank cars or trucks.

(Ord. 483 § 1.100, 1970).

18.08.130 - Cellar.

"Cellar" means a story having more than one-ha1f of its height below grade. A cellar shall not be counted as a story for the purpose of height measurement.

(Ord. 483 § 1.101, 1970).

18.08.140 - Depth.

"Depth" means the extreme measurement of the structure from the front to the back.

(Ord. 483 § 1.102, 1970).

18.08.150 - Dwelling.

"Dwelling" means a building, structure or portion thereof designed or used exclusively for residential occupancy, including one-family dwelling units, but excluding hotels, boardinghouses, or lodginghouses.

(Ord. 483 § 1.103, 1970).

18.08.160 - Dwelling, one-family.

"One-family dwelling" means a building structure designed exclusively for use and occupancy by one family, and entirely separated from any other dwelling by space.

(Ord. 483 § 1.104, 1970).

18.08.170 - Dwelling, two-family.

"Two-family dwelling" means a building or structure designed or altered to provide dwelling units for occupancy by two families.

(Ord. 483 § 1.105, 1970).

18.08.180 - Dwelling, multiple-family.

"Multiple-family dwelling" means a building or structure or portion thereof, designed or altered for occupancy by three or more families living independently of each other.

(Ord. 483 § 1.106, 1970).

18.08.190 - Family.

"Family" means a group of one or more persons occupying a premise and living as a single unit, whether or not related to each other by birth, adoption or marriage, but no unrelated group shall consist of more than five persons as distinguished from a group occupying a boardinghouse or hotel as defined in this chapter.

(Ord. 483 § 1.107, 1970).

18.08.200 - Farm.

"Farm" means a plot of land consisting of five acres or more outside the corporate limits, designed for or in fact used for the raising of livestock, poultry or crops.

(Ord. 483 § 1.108, 1970).

18.08.210 - Guest house.

"Guest house" means living quarters within a detached accessory building located on the same premises with the principal building, used 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 unit.

(Ord. 483 § 1.109, 1970).

18.08.220 - Height.

"Height" means the vertical measurements of the structure from ground level or basement floor level, if present, to the highest point of the structure.

(Ord. 483 § 1.110, 1970).

18.08.230 - Home occupation.

"Home occupation" means a gainful occupation or profession carried on by an occupant of a dwelling unit as a use which is clearly incidental to the use of the dwelling unit for residential purposes. The home occupation shall be carried on wholly within the principal building or within an accessory building thereto, only by members of the family occupying the premises, and one person outside the family. There shall be no sign other than a nameplate not more than one square foot in area, or no display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling. There shall be no exterior indication of the home occupation or variation from the residential character of the principal building, and no odor, noise, vibrance, smoke, dust, heat or glare shall be produced. The parking of vehicles shall not cause congestion. The seating of more than four people at one time shall not be permitted in any area of the dwelling or accessory building where a home occupation is being pursued.

(Ord. 483 § 1.111, 1970).

18.08.240 - Junkyard.

"Junkyard" means the use of more than two hundred square feet of any lot where waste, scrap metal, paper bags, lumber or similar materials are bought, sold, exchanged, stored, packed, disassembled or handled, including auto and building materials and wrecking yards, but excluding similar uses taking place entirely within a completely enclosed building.

(Ord. 483 § 1.112, 1970).

18.08.250 - Kennel, commercial.

"Commercial kennel" means any lot or premises or portion thereof on which more than four dogs, cats and other household domestic animals, over four months of age are kept for sale or confined.

(Ord. 483 § 1.113, 1970).

18.08.260 - Lot, corner.

"Corner lot" means a lot abutting upon two or more streets at their intersection.

(Ord. 483 § 1.114, 1970).

18.08.270 - Lot, depth.

"Lot depth" means the mean horizontal distance between the front and rear lot lines.

(Ord. 483 § 1.115, 1970).

18.08.280 - Lot, frontage.

The front of a lot shall be the boundary of a lot along a street for a corner lot; the owner may select either street as the front lot line.

(Ord. 483 § 1.116, 1970).

18.08.290 - Mobile home park.

"Mobile home park" means a tract of land of more than one acre, containing five or more trailer lots, each of minimum square footage of two thousand one hundred and minimum frontage of thirty feet in and upon which mobile homes, including trailers, house trailers, house cars and camp cars, used and occupied exclusively as and for residential purposes are situated.

(Ord. 483 § 1,117, 1970).

18.08.300 - Nursing or rest home.

"Nursing or rest home" means a private home for the care of children or the aged or infirm, or a place of rest for those suffering from bodily disorders, but not including facilities for the treatment of sickness or injuries or for surgical care.

(Ord. 483 § 1.118, 1970).

18.08.310 - Nonconforming structure.

"Nonconforming structure" means a building or structure or portion thereof lawfully existing at the time of passage of the ordinance codified in this Title, which was designed, erected, or structurally altered for a use that does not conform to the use regulations of the district in which it is located.

(Ord. 483 § 1.119, 1970).

18.08.320 - Nonconforming use.

"Nonconforming use" means any building or land lawfully occupied by a use at the time of passage of the ordinance codified in this title, or any amendment thereto, which does not conform after the passage of the ordinance codified in this title or any amendment thereto with the use regulations of the district in which it is situated.

(Ord. 483 § 1.120, 1970).

18.08.330 - Remodeling.

"Remodeling" means the normal upkeep of a structure which does not add or subtract from the height, width or depth of the structure or alter the basic structure. Remodeling shall include all normal upkeep and such things as painting, roofing, siding, paneling, awnings and downspouts.

(Ord. 483 § 1.121, 1970).

18.08.340 - Sign.

"Sign" means a name, identification, description, display or illustration which is affixed to, painted or represented directly or indirectly upon a building, structure or piece of land which directs attention to an object, product, place activity, person, institution, organization or business.

(Ord. 483 § 1.122, 1970).

18.08.350 - Street.

"Street" means all property dedicated or intended for public or private street, highway, freeway or roadway purposes or subject to easement thereof.

(Ord. 483 § 1.123, 1970).

18.08.360 - Structure.

"Structure" means anything constructed or erected which requires location on the ground or is attached to something having location on the ground, excluding fences and utility structures on streets and alleys.

(Ord. 483 § 1.124, 1970).

18.08.370 - Trailer house or mobile home.

"Trailer house or mobile home" means any structure used for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, jacks, horses or skirting or which is, or has at any time been, or reasonably may be equipped with wheels or other devices for transporting the structure from place to place whether by motive power or other means, or which was transported or is capable of being transported to the site on wheels or any other moveable device. The term "trailer" includes "camp car," "house car" or "mobile home." In addition, the term "mobile home" means "manufactured home" as the term is defined in 24 CFR, § 3280.2, which currently reads as follows:

"Manufactured home" means a structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. Calculations used to determine the number of square feet in a structure will be based on the structure's exterior dimensions measured at the largest horizontal projections when erected on site. These dimensions will include all expandable rooms, cabinets, and other projections containing interior space, but do not include bay windows. This term includes all structures which meet the above requirements except the size requirements and with respect to which the manufacturer voluntarily files a certification pursuant to 24 CFR § 3282.13 and complies with the standards set forth in CFR Part 3280.

(Ord. 99-00-8, 1999: Ord. 483 § 1.125, 1970).

18.08.380 - Width.

"Width" means the extreme horizontal measurement of the structure from side to side.

(Ord. 483 § 1.126, 1970).

18.08.390 - Zoning map.

"Zoning map" means the map or maps incorporated into this title as a part thereof, designating by drawing the zoning districts.

(Ord. 483 § 1.127, 1970).