Leland City Zoning Code
CHAPTER 2
RULES AND DEFINITIONS
11-2-1: RULES OF WORD CONSTRUCTION:
In construing the intended meanings of terminology used in this title, 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; the term "may" is discretionary.
F. The term "the village" shall mean the village of Leland, Illinois.
G. The words "lot", "parcel", "tract", and "site" shall be synonymous. (See definition of Lot in section 11-2-2 of this chapter.)
H. The words "extend", "enlarge", and "expand" shall be synonymous. (See definition of Enlarge in section 11-2-2 of this chapter.)
I. The words "abutting", "adjacent", and "contiguous" shall be synonymous. (See definition of Abutting in section 11-2-2 of this chapter.)
J. All distances shall be measured to the nearest integral foot; six inches (6") or more shall be deemed one foot (1').
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. 92-09, 4-14-1992)
11-2-2: DEFINITIONS:
ABUTTING: Having a common lot line or district line.
ACCESS WAY: A curb cut, ramp, driveway or other means for providing vehicular access to an off street parking or loading area.
ACCESSORY USE: Any structure or use that is:
A. Subordinate in size or purpose to the principal structure or use which it serves;
B. Necessary or contributing to the comfort and convenience of the occupants of the principal structure or use served; and
C. Located on the same lot of record as the principal structure or use served.
ADMINISTRATOR: The official appointed by the mayor/president of the village with the advice and consent of council to administer this title, or his representative. (Synonymous with "zoning administrator".)
AGRICULTURE: See definition of Farm.
AISLE: A vehicular trafficway within an off street parking area used as a means of access/egress from parking spaces.
ALLEY: A public right of way which affords a secondary means of vehicular access to abutting premises that front on a nearby street.
ALTER: To change the size, shape, or use of a structure.
AMENDMENT: A change in the provisions of this title (including those portions incorporated by reference), properly affected in accordance with state law and the procedures set forth herein.
ANCHOR: Any approved device to which a mobile home is tied down to keep it firmly attached to the stand on which it is placed.
ASPHALTIC CONCRETE: A mixture of petroleum byproducts and gravel used for paving to form a smooth, permanent surface. "Asphaltic concrete" does not mean "oil and chip".
ATTACHED: As applied to buildings, means having a common wall and/or a common roof.
BASEMENT: A story having one-half (1/2) or more of its height below the average level of the adjoining ground.
BED AND BREAKFAST ESTABLISHMENT: A private, owner occupied residence providing temporary overnight accommodations and breakfast in a residential dwelling actually occupied by the owner as his/her full time residential dwelling and is not intended to allow for hotel, motel, boarding house, lodging room or food service establishments.
BLOCK: An area of land entirely bounded by streets, highways, barriers, or ways (except alleys, pedestrianways, or exterior boundaries of a subdivision unless the exterior boundary is a street, highway, or way), or bounded by a combination of streets, public parks, cemeteries, railroad rights of way, waterways, or corporate boundary lines.
BOARD OF APPEALS: The zoning board of appeals of the village.
BOARDING HOUSE: A residential building or portion thereof, other than a motel or hotel, containing lodging rooms for accommodation of three (3) to ten (10) persons who are not members of the keeper's family, and where lodging or meals or both are provided by prearrangement and for definite periods, but not on an overnight or per meal basis to the transient public.
BUFFER STRIP: An area of land, undeveloped except for landscaping, fences, etc., used to protect a use situated on one lot from the deleterious effects of the use on the adjacent lot.
BUILDING: Any covered structure permanently affixed to land and designed or used to shelter persons or personal property.
BUILDING HEIGHT: The vertical distance measured from the average grade at the front wall of a building to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs. Chimneys, towers, cooling towers, and similar projections (other than signs) shall not be included in calculating building height.
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.
BULK: Any one or any combination of the following structural or site design characteristics:
A. Size or height of structure.
B. Location of exterior walls at all levels in relation to lot lines, streets, or other structures.
C. Lot area.
D. Yards or setbacks.
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.
CLINIC: An establishment wherein licensed physicians or dentists practice medicine or dentistry, but where overnight lodging for sick or injured persons is not provided.
CLUB/LODGE: A nonprofit association of persons who are bona fide members organized for some purpose 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 are purchased or sold, whether to the consuming public (retail) or to other businesses (wholesale).
COMPREHENSIVE PLAN 1 : The plan or any portion thereof adopted by the village to guide and coordinate the physical and economic development of the community. The "comprehensive plan" includes, but is not limited to, plans and programs regarding the location, character, and extent of highways; bridges; public buildings; utilities; schools; residential, commercial or industrial land uses; parks; drainage facilities; etc.
CONDITIONAL 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. Conditional uses commonly must meet special standards not necessarily applicable to permitted uses in the district, and are allowed only by permit.
CONDITIONAL USE PERMIT: A permit issued in accordance with the provisions of this title to regulate development of a conditional use.
CONFORMING: In compliance with the applicable provisions of this title.
CONVENIENCE SHOP: Any small retail commercial or service establishment offering goods/services primarily to the residents of a particular multiple-family complex, mobile home park, or similar development.
CORRECTIVE ACTION ORDER: A legally binding order issued by the administrator in accordance with the procedures set forth herein to effect compliance with this title.
DAYCARE CENTER: See definition of Nursery School.
DETACHED: As applied to buildings, means surrounded by yards on the same lot as the 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 therefor.
DIMENSIONS: Refers to both lot depth and lot width.
DISTRICT, ZONING: A portion of the territory of the village wherein certain uniform requirements or various combinations thereof apply to structures, lots, and uses under the terms of this title.
DRIVE IN RESTAURANT: An establishment principally used for the sale of fast order food. "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.
DRIVE IN THEATER: A tract of land developed with facilities for projecting motion pictures on an outdoor screen for viewing from the patrons' automobiles parked on the premises.
DRIVEWAY: A minor way commonly providing vehicular access to a garage or off street 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, or other accommodations for the transient public.
DWELLING, MULTIPLE-FAMILY: A building or portion thereof containing three (3) or more dwelling units.
DWELLING, SINGLE-FAMILY: A detached dwelling containing one dwelling unit and intended for the occupancy of one family.
DWELLING, TWO-FAMILY: A dwelling containing two (2) dwelling units.
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.
ENCLOSED: As applied to a building, means 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.
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: To build, construct.
ESTABLISHMENTS: Either of the following:
A. An institutional, business, commercial, service or industrial activity that is the sole occupant of one or more buildings; or
B. An institutional, business, commercial, service 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: Actually constructed or in operation on the effective date of this title.
FAMILY: One person, or two (2) or more persons related by blood, marriage, or legal adoption, or not more than three (3) unrelated persons, maintaining a common household in a dwelling unit.
FARM: A tract of land used for the growing and storage of the usual agricultural products such as grain, vegetables, and fruit, as well as for the raising thereon of horses, cattle, sheep, swine and poultry. "Farm" includes the utilization of land for one or more of the above uses and includes dairy farms. The term also includes the necessary operations incident to treating or storing produce. Any tract on which the principal use is the raising of fur bearing animals, such as minks, rabbits, muskrats, etc., shall not be considered a "farm". The term encompasses the farm house and accessory uses and structures.
FLOOD ELEVATION, REGULATORY: The elevation of the most severe flood that, on the basis of corps of engineers' data, may be expected to occur once every one hundred (100) years.
FLOODPLAIN AREA: The area adjacent to a watercourse and its tributaries having an elevation equal to or lower than the regulatory flood elevation. Tracts of land less than ten (10) acres in area that, naturally or by landfill, have an elevation higher than the regulatory flood elevation shall be included in the floodplain area if they are surrounded by land in the floodplain area.
FLOOR AREA, GROSS: The sum of the gross horizontal area 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 basement floors; attic floor space; halls, closets, stairwells; space devoted to mechanical equipment; and enclosed porches.
FRONTAGE: The lineal extent of the front (street side) of a lot.
GREENHOUSE: See definition of Nursery.
HEREAFTER: Any time after the effective date of this title.
HOME OCCUPATION: Any aspect of a business, profession, or occupation conducted for gain or support within any dwelling or on any residential premises.
HOSPITAL: An institution devoted, on an around the clock basis, to the maintenance and operation of facilities for the diagnosis, treatment, or care of members of the general public suffering from disease, injury, or other abnormal physical conditions. The term "hospital" includes sanitariums but excludes institutions operating solely for the treatment of insane persons, drug addicts, and alcoholics, and convalescent/nursing homes.
INTENSIFY: To increase the level or degree of.
INTERSECTION: The point at which two (2) or more public rights of way (generally streets) meet.
JUNKYARD: A tract of land, including any accessory structures thereon, that is used for buying, selling, exchanging, storing, baling, packing, disassembling, or handling waste or scrap 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 junkyard. A "junkyard" 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.
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 intended as a unit for the purpose (whether immediate or future) of transfer of ownership or development. "Lot of record" is a lot whose location and dimensions are located on a plat of survey or other document recorded with the county recorder of deeds. A "lot" may or may not coincide with "lot of record".
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.
LOT SIZE REQUIREMENTS: Refers to the lot area, width, and depth requirements of the applicable district.
LOT, THROUGH: A lot having a pair of approximately parallel lot lines; such lot lines shall be deemed front lot lines.
LOT WIDTH: The mean horizontal width of a lot measured at right angles to the side lot lines.
MAINTENANCE: The routine upkeep of a structure, premises, or equipment, including the replacement or modification of structural components to the extent necessary to keep said structure in sound condition.
MATERIALLY: As applied to the impact of one thing on another, means significantly or substantially.
MOBILE HOME: A dwelling unit that has the following characteristics:
A. Designed for long term occupancy containing sleeping accommodations, flush toilet, tub or shower bath and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems.
B. A structure of vehicular, portable design, built on a chassis and designed to be moved from one site to another, and to be used with or without a permanent foundation.
C. Arrives at site where it is to be occupied as a dwelling unit complete with major appliances and ready for occupancy except for minor incidental unpacking and assembly operations, location of foundation supports, connection to utilities and the like.
MOBILE HOME PARK: Any parcel of land consisting of three (3) or more acres upon which two (2) or more mobile homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodation. A "mobile home space" means the area within a mobile home park designed for the accommodation of one mobile home. Mobile home sites approved as conditional uses for agricultural-labor housing are not considered mobile home parks.
MODULAR HOME: A dwelling unit not completely factory built or assembled, that when assembled takes on all the indication of a residential home in that it has siding, shingled roof and is completely attached to a solid permanent foundation and not on jacks or wheels. In addition, a "modular home" is defined as a home that is constructed and placed on the owner's land with the intent that the structure could not or would not be relocated.
NONCONFORMING: As applied to a lot, structure, or use, means: a) lawfully existing on the effective date of this title; but b) not in compliance with the applicable provisions hereof.
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 preelementary 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.
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.
PARKING AREA/LOT, OFF STREET: Land that is improved in accordance with this title and used primarily for the storage of passenger motor vehicles, free of charge or for compensation. An "off street parking area", depending on the circumstances of its use, may be either a principal use or an accessory use.
PARKING SPACE, OFF STREET: 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.
PERMITTED USE: Any use which is or may be lawfully established in a particular district, provided it conforms with all the requirements applicable to said district.
PERSON: Any individual, firm, association, organization, or corporate body.
PLOT: A parcel of land consisting of one or more lots or portions thereof which is described by reference to a recorded plat or by metes and bounds.
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.
PROPERTY LINE: See definition of Lot Line.
RECONSTRUCT: As applied to nonconforming structures, means to rebuild after partial or total destruction.
RECREATIONAL CAMP: A facility with permanent housing facilities (i.e., cabins) or with pads and/or electric and water hookups for recreational vehicles or tents.
RECREATIONAL VEHICLE: A vehicular type portable structure, without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodations for recreational, camping and travel use and including, but not limited to, travel trailers, truck campers, camping trailers and self-propelled motor homes; and the term shall also include motorcycles, snowmobiles, utility trailers, and all-terrain vehicles.
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.
RESTRICTIVE: Tending to keep within prescribed limits.
RETAIL: Refers to the sale of goods or 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 village or to another unit of government for streets and alleys.
ROOMING HOUSE: See definition of Boarding House.
SANITARIUM: See definition of Hospital.
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. At a "sanitary landfill", the refuse is periodically covered with topsoil.
SCREENING: Trees, shrubs, walls, solid fences, etc., used as a means of visual and noise control.
SERVICE STATION: A building and premises or portion thereof designed and used for the retail sale of gasoline or other automotive fuel, oil, and automotive parts, supplies, and accessories. A "service station" may include facilities for washing vehicles and for making minor automotive repairs.
SERVICE USE/ESTABLISHMENT: Any use or establishment wherein services are provided for remuneration either to individuals or to other firms.
SETBACK: The minimum horizontal distance between a street line and: a) the nearest wall of a building or side of a structure facing such street line; or b) the edge of the area of operation of a principal use involving no building or structure.
SETBACK LINE: See definition of Building Line.
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.
STOP ORDER: A type of corrective action order used by the administrator to halt work in progress that is in violation of this title.
STREET: A public or private way for motor vehicle travel. The term "street" includes a highway, thoroughfare, parkway, throughway, road, pike, avenue, boulevard, lane, place, drive, court and similar designations, but excludes an alley or a way for pedestrian use only.
STREET, PRIVATE: Any street providing access to abutting property that is not maintained by and dedicated to the village or other public entity.
STRINGENT: Binding, exacting.
STRUCTURE: Anything constructed or erected on the ground, or attached to something having a 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 title and valid for not more than one year, which allows the occupation of a temporary structure or the operation of a temporary enterprise.
TOPOGRAPHY: The relief features or surface configuration of an area.
TRAVEL TRAILER: See definition of Recreational Vehicle.
TRAVEL TRAILER PARK: See definition of Recreational Camp.
USE: The purpose or activity for which land or a structure thereon is designed, arranged, intended, occupied, or maintained.
USE VARIANCE: A type of amendment (not variance) that allows a use in a district where said use would not be allowed under existing provisions of this title.
UTILITY SUBSTATION: A secondary utility facility such as an electrical substation, gas regulator station, telephone exchange facility, sewage treatment plant, etc.
VARIANCE: A relaxation of the strict application of the lot size, setbacks, or other bulk requirements applicable to a particular lot or structure.
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 title and that is located on the same lot as the principal building.
YARD, FRONT: A yard which is bounded by the side lot lines, front lot lines, and the building line.
YARD LINE: A line in a lot that is parallel to the lot line along which the yard in question extends and which is not nearer to such lot line at any point than the required depth or width of said yard.
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.
ZONING MAP: The map(s) and any amendments thereto designating zoning districts, and incorporated into this title by reference. (Ord. 92-09, 4-14-1992; amd. Ord. 95-2; Ord. 15-99, 12-7-1999; Ord. 9-2002, 6-4-2002; 2003 Code)