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Herscher City Zoning Code

CHAPTER 2

RULES AND DEFINITIONS

10-2-1: GENERAL:

The rules and definitions contained in this Chapter shall be observed and applied in the interpretation of all other sections herein, except when the context clearly indicates otherwise.

10-2-2: RULES OF WORD CONSTRUCTION:

   A.   Words used in the present tense shall include the future; words used in the singular number shall include the plural number and the plural the singular.
   B.   The word "shall" is mandatory and not discretionary.
   C.   The word "may" is permissive.
   D.   The word "lot" shall include the words "plot", "parcel"; the word " building" includes all other structures or improvements of every kind, regardless of similarity to buildings, and the phrase "used for" shall include the phrases "arranged for", designed for", "intended for", “maintained for", and "occupied for".
   E.   The word "person" includes firm, association, organization, partnership, trust, company, or corporation as well as an individual.
   F.   The masculine gender includes feminine and neuter.

10-2-3: DEFINITIONS:

The following words and terms, when used in this Title, shall have the meanings set forth, except where otherwise specifically indicated. Words and terms not defined shall have the meaning indicated by the common dictionary definition.
ABUTTING:
To have a common property line or district line.
ACCESSORY BUILDING or USE:
An "accessory building or use" is one which:
a.   In the case of a building, is a detached structure; and
b.   Is subordinate to and serves a principal building or principal use; and
c.   Is subordinate in area, extent, or purpose to the principal building or principal use served; and
d.   Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served; and
e.   Is located on the same zoning lot as the principal building or potential use served with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served.
ADJACENT:
Lying near or in the immediate vicinity.
ADJOINING:
Touching or contiguous, as distinguished from lying near.
ADVERTISING DEVICE:
See Sign Advertising.
AGRICULTURE:
Land including necessary buildings and structures, for the raising of soil crops or the raising of domestic animals as the principal occupation of the residents or users thereof. It shall also include truck-farming, beekeeping, the raising of fruit and berries, and selling the products thereof, but shall not include mechanized industrial animal farms. The land area (farm) necessary to constitute an agricultural use is twenty (20) acres. Agriculture shall not include the commercial feeding of garbage to swine or other animals.
ALLEY:
A public or private way, at the rear or side of property, permanently reserved as a means of secondary vehicular access to abutting property. Frontage on said alley shall not be construed as satisfying the requirements of the Title related to frontage on a dedicated street.
ALTERATIONS:
Any change in size, shape, character, occupancy, or use of a building or structure.
ANIMAL HOSPITAL:
A structure or portion thereof designed or used for the care, observation, or treatment of domestic animates by a registered veterinarian.
ANTENNA STRUCTURE:
Mast, pole, tripod or tower utilized for the purposes of either transmission or reception purposes or both.
APARTMENT:
One or more rooms in an apartment building, or combination apartment and commercial building, arranged, intended or designed or occupied as a dwelling unit of a single-family, an individual, or a group of individuals.
APARTMENT BUILDING:
A multi-family dwelling originally constructed to accommodate three (3) or more apartments, designed with more than one dwelling unit connected to a common corridor or entranceway, in contrast to single- or two-family dwellings converted for multi-family use.
AUTOMOBILE LAUNDRY:
A building or portion thereof, containing facilities or washing more than two (2) automobiles, using production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices; or providing space, water and equipment for the hand washing of automobiles, whether by the customer or the operator.
AUTO REPAIR, MAJOR:
Complete repair, overhaul, and rebuilding of automobile motors and bodies, including overall painting.
AUTO REPAIR, MINOR:
Incidental repairs, replacement of parts, and motor service to automobiles, but excluding any operation specified under "Automobile Repair, Major."
AUTOMOBILE SALES:
The sale of new and used automobiles and other motor vehicles in operating condition; the storage of automobiles and other motor vehicles in operating condition and the repair and servicing of such vehicles, including body work, painting, motor rebuilding, where conducted within a completely enclosed building, but not including storage of trucks of more than five (5) tons in weight or buses.
AUTOMOBILE SERVICE STATION:
Any building or premises used for the dispensing, sale, or offering for sale at retail to the public, of automobile fuels stored only in underground tanks and located wholly within the lot lines; and the sale and installation of tires, batteries, other minor accessories, and minor auto repair, but not including a bulk plant, taking of major auto repairs, automobile wrecking, automobile sales, or automobile laundries where no chain conveyor is employed may be included.
AUTOMOBILE TRAILER:
Any vehicle, without motor power, used or so constructed as to permit it being used as a conveyance upon the public streets and highways and licensable as such, constructed in such a manner as will permit occupancy as a dwelling or sleeping place for one or more persons, including also a self-propelled vehicle having body designed as living quarters.
AWNING:
A roof-like cover, temporary in nature, which projects from the wall of a building for the purpose of shielding a doorway or window from the elements and, in some cases, over-hangs a public way.
BASEMENT:
That portion of a building having more than one-half (1/2) of its height below the average lot grade.
BILLBOARD:
See Sign, Advertising.
BOARDING HOUSE:
A building, other than a hotel, where meals for three (3) or more persons and not to exceed twelve (12) persons not a family are served for compensation to regular patrons by previous arrangement. If a number greater than twelve (12) are regularly served, the establishment shall be classified as a restaurant. Rest homes, nursing homes, homes for the aged, homes for children and penal institutions shall not be classified as "boarding homes."
BOUNDARY LINE:
A line on the Zoning District Map designating the edge of a use district. Such a boundary line may be a boundary line for two (2) use districts depending on the particular use districts located on each side of said line.
BOAT:
A small vessel propelled on water by oars, sails, or an engine.
BUILDING:
Permanently located, roofed, structure designed or intended for the enclosure, shelter or protection of persons, animals or moveable property of any kind and which is permanently affixed to the land.
BUILDING, ACCESSORY:
See Accessory Building or Use.
BUILDABLE AREA:
The space remaining on a zoning lot after the minimum yard requirements of the Title have been complied with.
BUILDING, DETACHED:
A building surrounded by an open space on the same lot.
BUILDING HEIGHT:
See Height of Building.
BUILDING LINE:
The line nearest the front of and across a zoning lot, establishing the minimum open space to be provided between the front line of a building or structure and the street right-of-way line.
BUILDING, NONCONFORMING:
See Nonconforming Building.
BUILDING, PRINCIPAL:
A nonaccessory building in which a principal use of the lot, on which it is located, is conducted.
BUILDING SETBACK LINE:
The line parallel to the street identifying the minimum distance between a street right-of-way or property line and the nearest building foundation of any structure on the lot.
BUILDING, UNIT GROUP:
One or more buildings located or grouped upon a lot and led under one ownership, such as a school, institution, church or temple, industrial plant, shopping center, townhomes, apartment buildings, and similar uses.
BULK:
The term to indicate the size and setbacks of buildings or structures and location of same with respect to one another and includes the following:
a.   Size and height of buildings.
b.   Location of exterior walls at all levels in relation to lot lines, streets, to other buildings.
c.   Gross floor area of buildings in relation to lot lines, streets, or to other buildings.
d.   All open spaces allocated to buildings.
e.   Amount of lot area per dwelling unit.
BULK PLANT:
A bulk storage plant shall mean any place where flammable liquids of ten thousand (10,000) gallons or more are received by tanker, pipe line, tank car or truck and are stored or blended in bulk for the purpose of distributing such liquids by tank trucks, pipe line, tank car or other container.
BUSINESS:
The word "business" or the word "commerce" when used in the Title means the engaging in the purchase, sale, barter, or exchange of goods, wares, or merchandise, or maintenance or operation of offices or recreational or amusement enterprises.
CAPACITY IN PERSONS:
The maximum number of persons that can avail themselves of the services (or goods) of an establishment, at any one time, with reasonable comfort and safety.
CARPORT:
An open sided, roofed automobile shelter, usually formed by extension of the roof from the side of a building.
CONTIGUOUS:
In contact, adjoining, or touching another object or item as distinguished from being adjacent.
CORNER LOT:
See Lot, Corner.
CERTIFY or CERTIFICATION:
The specific inspection or tests where required have been performed and that such tests or inspections verify compliance with the applicable requirements of this Title signed under oath and notarized.
COMPREHENSIVE PLAN:
Extensively developed and evolving plan or any elements thereof, indicating the proposed future development of the Village as prepared through the Planning Commission.
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 front of each street. Where no curb elevation has been established, the level of the centerline of the street shall be considered the "curb level".
DISTRICT:
A portion of the Village within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this Title.
DUPLEX RESIDENCE:
Two one-family dwellings separated only by a vertical party wall without openings. A duplex dwelling shall be considered as one building for the purposes of determining yard requirements.
DWELLING:
A building or portion thereof, but not including a house trailer, mobile or manufactured home, designed or used exclusively for residential occupancy, including one-family dwelling units, two-family dwelling units, and multi-family dwelling units, but not including hotels, boarding or lodging houses.
DWELLING, ATTACHED:
A residential building which is joined to another dwelling at one or more sides by a party wall or walls.
DWELLING, DETACHED:
A residential building which is entirely surrounded by open space on the same lot.
DWELLING, MULTI-FAMILY:
A residential building containing three (3) or more dwelling units.
DWELLING, SINGLE-FAMILY:
A residential building containing one (1) dwelling unit only.
DWELLING, TWO-FAMILY:
A residential building containing two (2) dwelling units only.
EASEMENT:
A grant by a property owner for the use of a strip or parcel of land by the general public, a corporation, or a certain person or persons for a specific purpose or purposes.
ESSENTIAL SERVICES:
Services provided by public and private utilities necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface, or overhead gas, electrical, steam, water, sanitary sewerage, storm water drainage, and communication systems and accessories thereto, such as poles, towers, weirs, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, hydrants, etc., but not including buildings that do not need to be in the immediate area of the uses they service.
FAMILY:
An individual, or two (2) or more persons related by blood, marriage, or adoption, or a group of individuals not related by blood, marriage, or adoption, living together as a single housekeeping unit in a dwelling unit.
FARM:
Land being used for agricultural purposes.
FARM HOMESTEAD:
The building located on a farm that is the residence of the farm owner or tenant operator.
FENCE:
Any construction of wood, metal, wire mesh, masonry, or other material erected for the purpose of assuring privacy, protection, or restraining animals.
FENCE, CLOSED:
A fence, including gates, which conceals from view from adjoining properties, streets, or alleys, activities conducted behind it.
FENCE, OPEN:
A fence, including gates, which has, for each one (1) foot wide segment extending over the entire length and height of the fence, sixty percent (60%) of the surface area in open spaces which afford a direct view through the fence.
FILL:
Any act by which earth, sand, gravel, rock, or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported, or moved by man to a new location and shall include the conditions resulting therefrom.
FLOOR AREA (for determining Floor Area Ratio, FAR):
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 (2) buildings. The " floor area of a building" shall include the basement floor area when more than one-half (1/2) of the basement height is above the established curb level, floor space for mechanical equipment, attic space having headroom of seven feet, ten inches (7' 10"), enclosed porches, and floor area devoted to accessory uses.
FLOOR AREA (for determining off-street parking and loading requirements):
The gross floor area taken from the outside walls of the building and any basement floor area devoted to retailing activities, and floor area devoted to the production or processing of goods or to business or professional offices.
FLOOR AREA RATIO:
The floor area ratio of the building or other structure on any lot is determined by dividing the floor area of such building or structure by the area of the lot on which the building or structure is located. When more than one building or structure is located on a lot, then the floor area ratio is determined by dividing the total floor area of all buildings or structures by the area of the lot, or, in the case of planned unit development, 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 a building or other structure (including both principal accessory buildings) in direct ratio to the gross area of the lot.
FRONTAGE:
All the property fronting on one side of a street between the two (2) 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 main building, designed, arranged, used, or intended to be used for the storage of passenger automobiles of the occupants of the premises.
GARAGE, PUBLIC:
A building other than a private garage, used for the care, incidental servicing, and sale of automobile supplies, or where motor vehicles are parked or stored for remuneration, hire, or sale within the structure, but not including trucks, tractors, truck trailers, and commercial vehicles exceeding one and one-half (1½) tons' capacity.
GROUP HOME:
A dwelling to provide a socially dependent family environment for developmentally or mentally disabled patients, as specified in the 1988 Fair Housing Act Amendment of the Civil Rights Act of 1968. For purposes of this Title, the definition shall not include "halfway houses", uses for the recovering chemically dependent, prison work release programs, or any use that does not house solely the developmentally disabled.
GROUP HOME, LARGE:
A group home of nine (9) to fifteen (15) residents including live-in staff.
GROUP HOME, SMALL:
A group home of eight (8) or fewer residents including live-in staff.
HEIGHT OF BUILDING:
The vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest elevation of the roof in the case of a slant or flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of a gable, hip or gambrel roof; provided that where buildings are set back from the street lines, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.
HOME OCCUPATION:
An occupation or profession practiced by a member of the family residing on the premises in connection with which there is no indication from the exterior, other than one unaniminated, nonilluminated sign of not more than one square foot in size, that the building is being utilized in part for any purpose other than that of a dwelling. Any commodity intended for sale or use elsewhere shall be stored on the premises in a completely enclosed structure. No more than one person is employed other than members of the family residing on the premises; and no mechanical or electrical equipment is used which creates noise, odor, vibration, or other activity in such a manner as to create a public nuisance or hazard at the property lines. A professional person may use his residence for consultation, emergency treatment, or performance of individual religious rites. Home occupations, further, shall not utilize more than twenty-five percent (25%) of the total floor area of any one story of the principal building.
INDUSTRIAL ANIMAL FARM:
A mechanized farm operation, confined to a limited amount of space, to raise animals or poultry under controlled conditions of food, water, and exercise.
JUNK YARD:
Any parcel of land where waste, scrap metal, paper, rags, or similar materials are brought, sold, exchanged, stored, baled, packed, disassembled, or handled, including auto and building wrecking yards, but excluding similar uses taking place entirely within a completely enclosed building.
KENNEL, COMMERCIAL:
Any premises or portion thereof on which more than a combined total of four (4) dogs, cats or other domestic animals or pets over six (6) months of age are kept for the purpose of sale; or where any number of animals are cared for in return for remuneration.
LOT:
A legally divided area or portion of land five (5) acres or less in size under single ownership or control that is intended to be occupied by one use, group of uses, one main building, or structure. Within all districts, all lots shall be lots of record when less than five (5) acres in size as required by and in conformance with the Village Subdivision Regulations and the State Plat Act.
LOT AREA:
The area of a horizontal plane bounded by the front, side, and rear lot line.
LOT, CORNER:
A lot located at the intersection of two (2) streets or a lot bounded on two (2) sides by a curving street and any two (2) cords of which form an angle of one hundred twenty (120) degrees or less measured on the lot side.
LOT COVERAGE:
That percentage of a lot which, when viewed directly from above, would be covered by a structure or structures, or any part thereof, excluding projecting of roof areas.
LOT DEPTH:
The distance between the midpoints of the front line and the midpoint of the rear lot lines measured within the lot boundaries.
LOT LINE, FRONT:
The front property line of a zoning lot, abutting or within a street. On a comer lot, either lot line along either street may be considered to be a front lot line.
LOT, DOUBLE FRONTAGE:
A lot other than a comer lot having frontage on two (2) or more streets. An alley shall not be considered a street.
LOT LINE, INTERIOR:
A lot line common with another lot.
LOT LINE:
The property boundary line of a lot.
LOT LINE, REAR:
The boundary of a lot which is most distant from, and is most nearly parallel to, the front lot line or front lot lines.
LOT OF RECORD:
A lot which is a part of a subdivision, the plat of which has been legally recorded, or land which has a parcel index number within the Village at the time this Title is adopted.
LOT, REVERSED CORNER:
A comer lot at right angles or approximately right angles to the general pattern of the area, the street side lot line of which is substantially a continuation of the front lot line to the rear. The rear of the corner lot is adjacent to the side of another lot, whether across an alley or not.
LOT LINE, SIDE:
Lot lines other than front or rear lot lines.
LOT WIDTH:
The horizontal distance between side lot lines, or between the side lot line and the lot line adjoining a street of a comer lot, measured along the required minimum building setback line created by the front yard requirement of the district in which the lot is located.
LOT, ZONING:
A parcel of land, composed of one or more recorded lots or a parcel of land described by metes and bounds that is of sufficient size to meet the minimum requirements of the Title concerning use, coverage, width, area, yards, or other requirements of this Title and having frontage on an improved public street, and which is designated by its owner or developer as a tract of land to be used, developed, or built upon as a unit, under single ownership and control. A "zoning lot" may or may not coincide with the definition of a "lot of record".
MANUFACTURED HOUSING:
A building assembly or system of building sub- assemblies, designed for habitation as a dwelling for one or more persons, including the necessary electrical, plumbing, heating, ventilating, and other service systems, which is of closed or open construction and which is made or assembled by a manufacturer, on or off the building site, with a permanent foundation.
MARQUEE or CANOPY:
A roof like structure of a permanent nature which projects from the wall of a building and, in some cases, overhangs the public way.
MOBILE HOME:
A movable or portable unit, which is eight (8) body feet or more in width and is thirty two (32) feet or more in length, and constructed to be towed on its own chassis (comprised of frame and wheels) from the place of construction to the location or subsequent locations, subject to the provisions of Chapter 15 of the Illinois Vehicle Code, and designed to be used without a permanent foundation and connected to utilities for year round occupancy with or without a permanent foundation. The term shall include: (1) units containing parts that may be folded, collapsed, or telescoped when being towed and that may be expanded to provide additional cubic capacity; and (2) units composed of two (2) or more separately towable components designed to be joined into one integral unit capable of being separated again into the components for repeated towing.
The term shall include units designed to be used for residential, commercial, educational, or industrial purposes, excluding, however, recreational vehicles.
MOBILE HOME PARK:
A parcel or tract of land developed with facilities for locating three (3) or more "mobile homes", provided each mobile home contains a kitchen, flush toilet, shower or bath and that such mobile home park shall be for use only by nontransient dwellers remaining continuously for more than one year, whether or not a charge is made. It shall not include a sales lot in which motor vehicles or unoccupied trailers are parked for the purpose of inspection or sale.
MOTOR HOME, MINI MOTOR HOME, VAN CAMPER:
A self-contained motor vehicle, not used commercially, designed, or permanently converted to provide living quarters for recreational, camping or travel use, with direct walkthrough access to the living quarters from the driver's seat.
MOTOR VEHICLE:
Any passenger vehicle, truck, tractor, tractor-trailer, trailer, or semi-trailer propelled or drawn by mechanical power.
NONCONFORMING STRUCTURE:
A structure which does not comply in some respect with the lot size requirements or bulk regulations applicable to new structures in the zoning district in which it is located.
NONCONFORMING USE:
An existing use of a structure or land which does not comply in some respect with the use regulations applicable to new uses in the zoning district in which it is located.
NURSERY, CHILD CARE:
An establishment for the part-time care of five (5) or more children of pre-elementary school age in addition to the members of the family residing therein.
NURSING HOME:
An institution for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for surgical care or institutions for the care and treatment of mental illness, alcoholism, or narcotics addiction.
ODOR THRESHOLD:
The lowest concentration of odorous matter in air that will produce an olfactory response in a human being.
OPEN SALES LOT:
Land used or occupied for the purpose of buying or selling merchandise stored or displayed out-of-doors prior to sale. (Such materials include, but are not limited to, passenger cars, trucks, motor scooters, motorcycles, boats, agricultural equipment, and monuments.)
OWNER:
Any individual, firm, or corporation having a possessory interest entitled to exclusive possession in land, buildings, or possessions.
PARCEL:
All contiguous land in one ownership.
PARKING LOT:
Public or private land intended for the use as a facility for parking motor vehicles. Parking may be with or without fee.
PARKING SPACE, AUTOMOBILE:
Space within a public or private parking area of not less than one hundred eighty (180) square feet, nine feet by twenty feet (9' X 20'), exclusive of access drives, for the storage of one passenger automobile or commercial vehicle under one and one-half (1½) tons' capacity.
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.
PARTY WALL:
A solid common wall which extends from its footing below grade to the underside of floor/roof and divides the buildings.
PERMANENT OPEN SPACE:
A compact and contiguous land area that is designed for educational, religious, recreational, or institutional purposes, or such land which is recommended for such designation by the Village at or before the time of approval of a subdivision or planned development.
PERMITTEE:
Any person to whom a permit is issued.
PERSON:
Any person, firm, or corporation, public or private, the State of Illinois and its agencies or political subdivisions, and the United States of America, its agencies and instrumentalities, and any agent servant officer, employee of any of the foregoing.
PORCH:
A roofed-over structure projecting out from the wall or walls of a main structure and commonly open to the weather in part.
PRINCIPAL STRUCTURE:
A structure in which a principal use of the lot on which the structure is located is conducted.
PRINCIPAL USE:
The main use of land or structures as distinguished from a subordinate or accessory use.
PUBLIC OPEN SPACE:
A publicly-owned area including, but not limited to, the following: parks, playgrounds, forest preserves, waterways, parkways, and streets.
PUBLIC UTILITY:
Any person, firm, or corporation duly authorized to furnish, under regulation, to the public, cable television, electricity, gas, steam, telephone, telegraph, transportation, water, or sewerage systems.
PUBLIC WAY:
Any sidewalk, street, alley, highway, or other public thoroughfare.
RECREATIONAL VEHICLE:
Recreational vehicle" or "RV" means a vehicular-type unit primarily designed as temporary living quarters for recreational, camping, travel or seasonal use that either has its own motive power or is mounted on, or towed by, another vehicle. The basic types of RV entities are: camping trailer, fifth wheel trailer, motor home, park trailer, travel trailer, truck camper, and tiny house trailer which are individually defined as follows:
1. “Camping trailer" is a vehicular portable unit mounted on wheels and constructed with collapsible partial side walls that fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping or travel use.
2. “Fifth wheel trailer" is a vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational, camping or travel use, of such size or weight as not to require special highway movement permit(s), of gross trailer area not to exceed four hundred (400) square feet (37.2m2) in the set-up mode, designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle's rear axle.
3. “Motor home" is a vehicular unit designed to provide temporary living quarters for recreational, camping or travel use, built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van that is an integral part of the completed vehicle.
4. “Park trailer" is a recreational vehicle that meets the following criteria:
a. Built on a single chassis mounted on wheels;
b. Having a gross trailer area not exceeding four hundred (400) square feet in the set-up mode;
c. Certified by the manufacturer as complying with Recreational Vehicle Industry Association, ANSI (American National Standards Institute) A119.5 standards.
5. “Travel trailer" is a vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational, camping or travel use, of such size or weight as not to require special highway movement permits when towed by a motorized vehicle, and of gross trailer area less than three hundred twenty (320) square feet (29.7m2).
6. “Truck camper" is a portable unit constructed to provide temporary living quarters for recreational, travel or camping use, consisting of a roof, floor and sides, designed to be loaded onto and unloaded from the bed of a pickup truck.
7. “Tiny house trailer" is a portable housing unit built on or permanently attached to a single chassis mounted on wheels or on a trailer and constructed to provide temporary living quarters for recreational, travel or seasonal use, consisting of a roof, floor and sides.
REMODELING:
Any change in a structure, including a structural alteration (other than incidental repairs and normal maintenance) which may prolong its useful life, or the useful life of its supporting members such as bearing walls or partitions, columns, beams, girders or foundations; or the construction of any addition to, or enlargement of, a structure; or the removal of a structure.
RESTAURANT:
A business where the dispensing of edible food-stuffs and/or beverages on the premises is the principal business operation, including a cafeteria, coffee shop, lunchroom, and dining room.
RETAIL SALES:
The sale of goods, merchandise and commodities for use or consumption.
RIGHT OF WAY, RAILROAD:
A strip of land with tracks and auxiliary facilities.
ROADSIDE STAND:
A structure for the display and sale of agricultural products grown on the premises or in the area.
SCHOOL:
A public or private institution which offers instruction in any of the branches of learning and study comparable to that taught in the public schools under the Illinois school laws, including pre-kindergarten, elementary school, and junior and senior high schools, but excluding trade, business, or commercial schools.
SHOPPING CENTER:
A group of commercial establishments located under one roof, not having interior access to each individual establishment.
SIGN:
Any writing (including letters, words, or numerals), pictorial representation (including devices, symbols, or trademarks), flag, banner, streamer, pennant, string of lights, or display calculated to attract the attention of the public, or any other figure of similar character which:
a. Is a structure or any part thereof, or a portable display, or is attached to, painted on or in any other manner represented on a building or other structure or on the ground.
b. Is used to announce, direct attention to or advertise.
SIGN, ADVERTISING (BILLBOARD):
A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where such sign is located or to which it is affixed.
SIGN, FLASHING:
Any illuminated sign on which the artificial light is not maintained stationary and/or constant in intensity and color at all times when such sign is in use. For the purpose of the Title, any revolving, illuminated sign shall be considered a "flashing sign."
SIGN, GROSS SURFACE AREA OF:
The entire area within a single continuous perimeter enclosing the extreme limits of a sign and in no case passing through or between any adjacent elements of the same. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign with two (2) visible surfaces, the gross surface area shall be the sum of all sides of the sign.
SIGN, GROUND:
A sign which is supported by one or more uprights or braces in or upon the ground.
SIGN IDENTIFICATION:
A sign indicating the name and address of a building, or the name of an occupant thereof, and the practice of a permitted occupation therein.
SIGN LOCATION:
The sign location is determined by measuring from the furthermost projecting point of the sign to the front lot line.
SIGN, PROJECTING:
A sign which is suspended from or affixed to any building wall or other structure and extends beyond the building wall or parts thereof or structure more than eighteen inches (18").
SIGN, ROOF:
A sign erected, constructed, and maintained above the roof of any building.
SIGN, TEMPORARY MOBILE:
An advertising device of a nonpermanent type, used principally for commercial purposes.
SIGN, WALL:
A sign affixed, painted, posted, or placed on a building or structure.
SMOKE:
Small gas-borne particles other than water that form a visible plume in the air.
SPECIAL USE:
A specific use of land or buildings, or both, described and permitted herein, subject to special provisions and which, because of its unique characteristics, cannot be properly classified as a permitted use.
STABLE, PRIVATE:
A structure which is located on a lot on which a dwelling is located, and which is designed, arranged, used, or intended to be used for housing horses for the private use of occupants of the dwelling, but in no event for hire.
STABLE, PUBLIC:
A building where horses are kept for remuneration, hire, or sale.
STORAGE, OUTDOOR:
The outdoor accumulation of vehicles, equipment, or products or materials for permanent or temporary holding.
STORY:
That portion of a building included between the surface of any floor and the surface of the floor next above it or if there be no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding fourteen (14) feet in height shall be considered as an additional story for each fourteen (14) feet or fraction thereof.
STREET FRONTAGE:
All of the property fronting on one side of a street between two (2) intersecting streets, or in the cases of a dead-end street, all of the property along one side of a street between an intersecting street and the end of such dead-end streets.
STRUCTURE:
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. With reference to the foregoing, a structure shall include buildings, fences, walls and signs.
SWIMMING POOL:
Any structure, basin, chamber or tank containing an artificial body of water for swimming and wading, which uses or needs external buttresses or which is dug into the ground and having a depth of two (2) feet or more at any point.
SWIMMING POOL, PRIVATE:
Any swimming pool, located on private residential property, the use of which is intended for the owner and guests.
TRAILER:
A vehicle without motor power used or adaptable for living, sleeping, business, or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses, or skirting, and has been recently or may be equipped with wheels or other devices for transporting the structure from place to place. A permanent foundation shall not change its character unless the entire structure is erected in accordance with the Village Building Code.
TRAILER, TRANSPORT:
A vehicle standing on wheels or on rigid supports which is used for transporting boats, cargo, or property.
USE:
The purposes for which land or a building thereon is designed, arranged, or intended, or for which it is occupied, maintained, let, or leased.
USE, PERMITTED:
A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and performance standards (if any) of such districts.
USE, PRINCIPAL:
The main use of land or buildings as distinguished from a subordinate or accessory use. A "principal use" may be either a "permitted use" or a "special use."
WHOLESALE SALES:
Sale to retailers for resale and not for direct consumption.
YARD:
Open space on a lot which is unoccupied and unobstructed from its lowest level to the sky, except for the permitted obstructions listed in this Title.
YARD, FRONT:
A space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at the closest point to the front lot line. On a corner lot, each yard that abuts a street right-of-way shall be considered a front yard.
YARD, REAR:
A space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line.
YARD, SIDE:
A space extending from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular from the side lot line to the closest point of the principal building.
YARD, TRANSITIONAL:
The required front, side, or rear yard, between a business or manufacturing district and a residential district.
ZONING MAP:
The map or maps incorporated into this Title as a part hereof, designating zoning districts.
ZONING OFFICIAL:
The individual appointed by the President, by and with the consent of the Village Board, to administer and enforce the Zoning Ordinance of the Village.