Grafton City Zoning Code
CHAPTER 2
DEFINITIONS
9-2-1: CONSTRUCTION OF TERMS:
In construing the intended meaning of terminology used in this Code, the following rules shall be observed:
B. Words denoting the masculine gender shall be deemed to include the feminine and neuter genders.
C. Words used in the present tense shall include the future tense.
D. Words used in the singular number shall include the plural number, and the plural the singular.
E. The term "shall" is mandatory.
F. The term "may" is discretionary.
G. The term "this Municipality" shall mean the City of Grafton, Illinois.
H. The words "lots," "parcel," "tract," and "site" shall be synonymous.
I. The phrases "used for," "arranged for," "designed for," "intended for," "maintained for," and "occupied for" shall be synonymous.
J. All distances shall be measured to the nearest integral foot; six inches (6") or more shall be deemed one (1) foot.
K. References to sections shall be deemed to include all subsections within that section; but a reference to a particular subsection designates only that subsection.
L. A general term that follows or is followed by enumerations of specific terms shall not be limited to the enumerated class unless expressly limited.
(Ord. passed 8-3-2022)
9-2-2: SELECTED DEFINITIONS:
ABUTTING: As applied to lots, "abutting" means having a common lot line or district line, or so located in relation to each other that there would be a common lot line or district line but for the existence of a street, alley, or other public right of way.
ACCESS WAY: A curb cut, ramp, or other means for providing vehicular access to an off street parking or loading area from a street.
ACCESSORY USE: Any structure or use that is:
A. Subordinate in size or purpose to the principal use or structure which it serves;
B. Necessary or contributing to the comfort and convenience of the occupants of the principal use or structure served; and
C. Located on the same lot as the principal use or structure served.
ADJACENT: Lying near, in the vicinity of, next to, adjoining.
ADMINISTRATOR: The Building and Zoning Commissioner or other official appointed by the Mayor with the advice and consent of the Board of Aldermen to administer this Code, or his representative.
AGRICULTURE: Any one or any combination of the following: the growing of farm or truck garden crops, dairying, pasturage, horticulture, floriculture, or animal/poultry husbandry. The term "agriculture" encompasses the farmhouse, and accessory uses and structures customarily incidental to agricultural activities.
ALLEY: A public right of way which affords a secondary means of vehicular access to abutting premises that front on a nearby street.
APARTMENT: A dwelling unit situated in a multiple-family dwelling.
ATTACHED: As applied to buildings, "attached" means having a common wall and/or a common roof.
AUDITORIUM: A room, hall or building made a part of a church, theater, school, recreation building or other building assigned to the gathering of people as an audience, to hear lectures, plays and other presentations, as well as participate in dances, dinners, expositions, bingos, etc.
BASEMENT: A story having one-half or more of its height below average level of the adjoining ground.
BED AND BREAKFAST: A licensed establishment, located in a residence that provides over-night lodging with breakfast for compensation. The owner of the establishment must reside on the premises. An off-street parking space shall be required for each sleeping room and each establishment must meet all state and local codes.
BLOCK: An area of land entirely bounded by streets, highways, barriers, or ways (except pedestrian ways, or exterior boundaries of a subdivision unless exterior boundary is a street, highway, or way) or bounded by a combination of streets, public parks, railroad rights of way, waterways, or corporate boundary lines.
BUILDING: Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels, or property. When a structure is divided into separate parts by unpierced wall extending from the ground up, each part is deemed a separate building.
BUILDING, ENCLOSED: A building covered by a permanent roof and separated on all sides from adjacent open space or other buildings by fixed exterior walls or by common walls, with openings only for windows and doors.
BUILDING HEIGHT: The vertical distance measured from the average elevation of the proposed finish grade at the front wall of the building to the highest point of the roof.
BUILDING LINE: The line nearest the front of and across a lot, delineating the minimum open space required between the front of a structure and the street right of way line.
BUILDING, PRINCIPAL: A non accessory building in which the principal use of the premises is conducted.
BULK: Any one or any combination of the following:
A. Size or height of structure;
B. Location of exterior walls at all levels in relation to lot lines, streets, or other structures;
C. Floor/area ratio;
D. Yards or setbacks;
E. Lot coverage.
BUSINESS DISTRICT DEVELOPMENT TAX: A division of the Illinois Municipal Code that provides for a municipality to impose a tax within a designated "Business District". Such tax shall be used to implement the Business District Plan.
CAMPING TRAILER: A recreational vehicle (RV) or any mobile structure such as houseboats designed for temporary occupancy which must be licensed by the Department of Motor Vehicles or IDNR.
CAMPING TRAILER/RV PARK: A lot developed with facilities for accommodating temporarily occupied camping trailers.
CELL/COMMUNICATION TOWER: A structure designed to support antennas for communications and broadcasting.
CENTERLINE:
A. The centerline of any right of way having a uniform width;
B. The original centerline, where a right of way has been widened irregularly;
C. The new centerline, whenever a road has been relocated.
CERTIFICATE OF ZONING COMPLIANCE, FINAL: An occupancy permit issued by the Administrator indicating that a newly completed structure complies with all pertinent requirements of this Code and may, therefore, be occupied or used.
CERTIFICATE OF ZONING COMPLIANCE, INITIAL: A building permit issued by the Administrator indicating that proposed construction work is in conformity with the requirements of this Code and may, therefore, proceed.
CHURCH: A building designed or used for regularly scheduled worship services.
CLINIC: An establishment where licensed physician, dentist, veterinarian, or other health professional practice their professions.
CLUB/LODGE: A nonprofit association of persons who are bona fide members organized for some purpose(s) and paying regular dues and whose facilities are restricted to members and their guests; not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
COMMERCIAL USE/ESTABLISHMENT: Any use or establishment wherein goods or services are purchased or sold, whether to the consuming public (retail) or to other businesses (wholesale).
COMMUNITY RESIDENCE: A group home or specialized residential care home serving unrelated persons with handicaps which is licensed, certified or accredited by appropriate local, state or national bodies. Community residence does not include a residence which serves persons as an alternative to incarceration for a criminal offense, or persons whose primary reason for placement is substance or alcohol abuse or for treatment of communicable disease.
COMMUNITY RESIDENCE, LARGE: A community residence serving nine (9) or more persons.
COMMUNITY RESIDENCE, SMALL: A community residence serving eight (8) or fewer persons in a family like atmosphere.
CONVENIENCE SHOP: Any small retail commercial or service establishment offering goods/services.
DAY CARE CENTER: See "Nursery School."
DECK: An open porch which is generally open on the sides, is above ground level, and its intended use is for leisure enjoyment.
DETACHED: As applied to buildings, "detached" means surrounded by yards on the same lot as the principal building.
DEVELOP: To erect any structure or to install any improvements on a tract of land, or to undertake any activity (such as grading) in preparation therefore.
DISTRICT ZONING: A portion of the territory of this municipality wherein certain uniform requirements or various combinations thereof apply to structures, lots and uses under the terms of this Code.
DRIVE IN RESTAURANT OR REFRESHMENT STAND: An establishment principally used for the sale of fast order food for consumption off the premises or in parked cars on the premises. Fast order food means food that is:
A. Primarily intended for immediate consumption;
B. Available after a short waiting time; and
C. Packaged or presented in such a manner that it can be readily eaten outside the premises where it is sold.
DRIVEWAY: A minor way commonly providing vehicular access to a garage or parking area.
DWELLING: A building or portion thereof designed or used primarily as living quarters for one or more families, but not including hotels, motels, and other accommodations for the transient public. Modular dwellings on permanent foundations shall be treated in the same manner as conventionally constructed dwellings (see definition for modular and permanent foundation).
DWELLING, MULTIPLE FAMILY: A building or portion thereof containing two (2) or more dwelling units.
DWELLING, SINGLE FAMILY: A detached dwelling containing one dwelling unit and intended for the occupancy of one family. Does not include mobile homes.
DWELLING UNIT: One or more rooms designed or used as living quarters by one family. A "dwelling unit" always includes a bathroom and a kitchen.
EASEMENT: A right to use another person's real property for certain limited purposes.
ENLARGE: To increase the size (floor area, height, etc.) of an existing principal structure or accessory use, or to devote more land to an existing use.
ERECT: Build, construct.
ESTABLISHMENT: Either of the following:
A. An institutional, business, commercial, or industrial activity that is the sole occupant of one or more buildings; or
B. An institutional, business, commercial, or industrial activity that occupies a portion of a building such that:
1. The activity is a logical and separate entity from the other activities within the building and not a department of the whole; and
2. The activity has either a separate entrance from the exterior of the building, or a separate entrance from a common and clearly defined entryway that has direct access to the exterior of the building.
EXISTING: Existing, constructed or in operation, on the effective date of this Code.
EXTEND: To increase the amount of floor area or land area devoted to an existing use.
FAMILY: One (1) person, or two (2) or more persons related by blood, marriage or legal adoption; or up to four (4) unrelated persons maintaining a common household in a dwelling unit.
FILLING STATION: A building and premises or portion thereof designed and primarily used for the retail sale of gasoline or other automotive fuel, oil, and automotive parts, supplies, and accessories. A filling station may include facilities for the sale of convenience foods/drinks and supplies as well as facilities for washing vehicles and for making minor automotive repairs.
FLOOD PLAIN CODE: Chapter 8-14 of the City Code of Grafton, Illinois, as may be amended or replaced.
FLOOR AREA, GROSS: As used in determining floor/area ratios and parking requirements, the sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the exterior walls or from the center of the common walls of attached buildings. Gross floor area includes all of the following: basement floors; attic floor space; halls, closets, stairwells; space devoted to mechanical equipment; enclosed porches.
FREIGHT TERMINAL: A building to which freight is brought by truck, air or railroad freight cars for later distribution.
FRONTAGE: The lineal extent of the front (street side) of a lot.
GARAGE: A structure designed and primarily used for the storage of motor vehicles, whether free of charge or for compensation.
GOVERNMENT: The act or process of administering public policy in a political unit; a political jurisdiction, the office or function thereof.
HISTORIC BUSINESS DISTRICT: An area designated by the City of Grafton for the purpose of encouraging preservation, restoration, rehabilitation and rebuilding properties within the district.
HOME OCCUPATION: Any business, profession, or occupation conducted for gain or support entirely within a dwelling or on residential premises in conformity with the provisions of this Code. (See section 9-4 5
.)
HOTEL/MOTEL: A building providing overnight accommodations to the general public for compensation and which may include ancillary services such as a restaurant, meeting rooms, entertainment, personal services and recreational facilities.
IMMOBILIZE: As applied to a mobile home, "immobilize" means to remove the wheels, tongue and hitch and place the mobile home on a permanent foundation.
INTERSECTION: The point at which two or more public rights of way (generally streets) meet.
JUNK YARD: An open area of land and any accessory structures thereon that are used for buying, selling, exchanging, storing, baling, packing, disassembling, or handling waste or scrap materials. Such scrap materials include vehicles, machinery, and equipment not in operable condition or parts thereof, and metals, glass, paper, plastics, rags, and rubber tires. A lot on which three (3) or more inoperable vehicles are stored shall be deemed a junk yard. A "junk yard" includes an automobile wrecking yard.
KENNEL: Any structure or premises or portion thereof on which more than three (3) dogs, cats, or other household domestic animals, over four (4) months of age, are kept or on which more than two (2) such animals are maintained, boarded, bred, or cared for in return for remuneration or are kept for the purpose of sale.
LOADING SPACE: An off street space used for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
LOT: A tract of land used or developed as a unit, under single ownership or under single control. A "lot" may or may not coincide with a "lot of record."
LOT, THROUGH: A lot having a pair of approximately parallel lot lines that abut two (2) approximately parallel streets. Both such lot lines shall be deemed front lot lines.
LOT AREA: The area of a horizontal plane bounded by the front, side, and rear lines of a lot.
LOT, CORNER: A lot having at least two (2) adjacent sides that abut for their full length upon streets. Both such side lines shall be deemed front lot lines.
LOT COVERAGE: The portion of a lot that is occupied by buildings or structures, including accessory buildings or structures.
LOT DEPTH: The average horizontal distance between the front lot line and the rear lot line of a lot.
LOT LINE, FRONT: The lot boundary abutting the street.
LOT LINE, REAR: An interior lot line which is most distant from and most nearly parallel to the front lot line. The rear lot on corner lots shall be defined as the line most distant and most nearly parallel to either of the front lot lines as defined elsewhere in these definitions.
LOT LINE, SIDE: Any boundary of a lot which is not a front lot line or a rear lot line.
LOT OF RECORD: An area of land designated as a lot on a plat of subdivision recorded or registered with the Recorder of Deeds of Jersey County, Illinois, in accordance with State law.
LOT SIZE REQUIREMENT: Refers to the lot area, width, and depth requirements of the applicable district.
LOT SIZE/BULK VARIANCE: A relaxation of the strict application of the lot size and/or bulk requirements applicable to a particular lot or structure. A lot size/bulk variance goes with the property.
LOT WIDTH: The mean horizontal distance between the side lot lines of a lot measured at right angles to the depth; or the same distance measured at a point midway between the front lot line and the rear lot line; or at the rear line of the required front yard (building lines), especially on irregularly shaped lots.
MAINTENANCE: The routine upkeep of a structure, premises, or equipment, including the replacement or modification of structural components to the extent necessary to keep a structure in sound condition.
MINI WAREHOUSE: A building, or part of one, for the storage of goods, merchandise, etc. for rent to individuals or businesses for a monthly fee.
MOBILE/MANUFACTURED HOME: A factory assembled structure designed for permanent habitation with a chassis constructed to permit its transport. Mobile/manufactured homes must have a HUD Certification label attached to their structure. Mobile/manufactured homes located outside of mobile home parks must be placed on permanent foundations and will be taxed as real property.
MODULARS: A factory constructed structure designed for permanent habitation which is substantially assembled on site utilizing pre- manufactured components. These structures must be built upon a permanent foundation and must meet or exceed the building codes of the City of Grafton.
MOTEL: See "Hotel".
NONCONFORMING: As applied to a lot, structure, or use, "nonconforming" means: (1) lawfully existing on the effective date of this Code, but (2) not in compliance with the applicable provisions thereof.
NUISANCE: Any thing, condition, or conduct that endangers health, or unreasonably offends the senses, or obstructs the free use and comfortable enjoyment of property, or essentially interferes with the comfortable enjoyment of life.
NURSERY: A tract of land on which trees, shrubs, and other plants are raised for transplanting and sale, and including any structure in which said activities are conducted.
NURSERY SCHOOL: An establishment for the part time care and/or instruction (at any time of day) of four (4) or more unrelated children of predominantly pre elementary school age.
NURSING HOME: A building used as a medical care facility for persons who need long term nursing care and medical service, but do not require intensive hospital care.
OFF STREET PARKING AREA: Land that is improved and used primarily for the storage of passenger motor vehicles, free of charge or for compensation. An "off street parking area," depending on the circumstances of its use, may either be a principal use or an accessory use.
OFF STREET PARKING SPACE: An area at least twenty feet (20') long and ten feet (10') wide within an off street parking area or garage, used for the storage of one passenger motor vehicle.
OFFICE: Any building, or portion thereof, in which the business (usually clerical and administrative affairs) of a commercial/service enterprise or professional person is transacted.
OVERNIGHT STAYS/GUEST HOUSES: A licensed facility that provides overnight lodging without any food service for compensation. One off-street parking space must be provided for each lodging room. In residential areas, the facility may not change the residential exterior façade or have any exterior signage.
PATIO: An at grade paved area without any walls usually adjacent to a building, and which is intended to be used as an outdoor lounging, dining, or entertaining area.
PERMANENT FOUNDATION: A permanent support for buildings that are constructed of conventional foundation materials such as concrete or cement blocks. The foundation footing shall extend below the frost line. The foundation must extend the entire perimeter of the structure, for single family and mobile homes.
PERMITTED USES: Any use which is or may be lawfully established in a particular district(s), provided it conforms with all the requirements applicable to said district(s).
PERSON: Any individual, firm, association, organization, or corporate body.
PLAN: The geographical and topographical maps, engineering and architectural drawings and specifications, and other information indicating the location and nature of a development.
PORCH: A structure attached to a building to shelter an entrance or to serve as a semi enclosed space, usually covered with a roof, generally open sided, and usually large enough to allow seating devices.
PREMISES: A lot and all the structures and uses thereon.
PRINCIPAL BUILDING/STRUCTURE/USE: The main structure erected on or the main use occupying a lot, as distinguished from an accessory (subordinate) structure or use.
PRIVATE STREET: Any street providing access to abutting property that is not maintained by and dedicated to a unit of government.
RECONSTRUCT: As applied to nonconforming structures, "reconstruct" means to rebuild after partial destruction.
RECREATION VEHICLE (RV) PARK: See "Camping Trailer/RV Park".
REFUSE: Garbage (food wastes) and trash, but not sewage or industrial wastes.
RELOCATE: To move to another portion of a lot or to a different lot.
REPAIR: To restore to sound condition, but not to reconstruct.
RETAIL: Refers to the sale of goods and services directly to the consumer rather than to another business.
RIGHT OF WAY, PUBLIC: A strip of land which the owner/subdivider has dedicated to the City or to another unit of government for streets and alleys.
SANITARY LANDFILL: A tract of open land used for the permanent disposal of refuse in accordance with the requirements of the Illinois Environmental Protection Agency.
SATELLITE DISH: Any parabolic/dish type apparatus, external to or attached to the exterior of a building or structure, capable of receiving, for the benefit of the principal use, television or radio signals. Satellite dishes are considered an accessory use.
SETBACK: The required distance between the property line and the building line.
SKIRTING: The cover affixed to the bottom of the exterior walls of a mobile home to conceal the underside thereof.
SPECIAL USE: A use that has unusual operational, physical, or other characteristics which distinguish it from the permitted uses of a district, but which can be made compatible with the intended overall development within a district. Special uses commonly must meet special standards not necessarily applicable to permitted uses in the district, and are allowed only by permit. A special use permit may not be transferable.
STABLE: A structure, situated on the same lot as a dwelling, and designed or used for housing horses for the private use of occupants of the dwelling, but not for hire.
STREET: A public or private way for motor vehicle travel. The term "street" includes a highway, thoroughfare, parkway, through way, road, pike, avenue, boulevard, lane, place, drive, court, and similar designations, but excludes an alley or a way for pedestrian use only.
STREET LINE: The street right of way line abutting a lot line.
STRUCTURE: Anything constructed or erected on the ground, or attached to something having fixed location on the ground. All buildings are structures, but not all structures are buildings.
STRUCTURE, TEMPORARY: Any structure that is not attached to a permanent foundation.
TEMPORARY USE PERMIT: A permit issued in accordance with the provisions of this Code and valid for not more than one (1) year, which allows the erection/occupation of a temporary structure or the operation of a temporary enterprise.
TOPOGRAPHY: The relief features or surface configuration of an area.
TRAILER: See "Camping Trailer".
USE: The purpose or activity for which land or a structure thereon is designed, arranged, intended, occupied, or maintained.
UTILITY SUBSTATION: A utility facility such as an electrical substation, gas regulator station, telephone exchange facility, sewage treatment plant, or water distribution facility.
VARIANCE: See "Lot Size/Bulk Variance".
WHOLESALE: Refers to the sale of goods or services by one business to another business.
YARD: Open space that is unobstructed except as specifically permitted in this Code and that is located on the same lot as the principal building.
YARD, FRONT: A yard which is bounded by the front lot line and the building line.
YARD, REAR: A yard which is bounded by side lot lines, rear lot lines, and the rear yard line.
YARD, SIDE: A yard which is bounded by the rear yard line, front yard line, side yard line, and side lot line.
YARD LINE: A line in a lot that is parallel to the lot line along which the applicable yard extends and which is not nearer to such lot line at any point than the required depth or width of said yard.
ZONING MAP: The map(s) and any amendments thereto designating zoning districts. The zoning map is incorporated into this Code.
(Ord. passed 8-3-2022)