This chapter shall be known and may be cited as the Village of Mackinaw Zoning Code.

The zoning districts established, and the zoning regulations and standards adopted herein have been made for the purpose of:

1. Securing adequate light, pure air and safety from fire and other dangers;
2. Conserving the value of land, buildings, and structures throughout the village;
3. Lessening and avoiding congestion in the public streets;
4. Lessening and avoiding hazards to persons and damage to property resulting from the accumulation of runoff of storm or flood waters;
5. Promoting the public health, safety, comfort, morals, and general welfare;
6. Regulating and limiting the height and bulk of buildings and structures hereafter to be erected;
7. Establishing, regulating, and limiting the building or setback lines on or along any street, traffic way, drive, parkway or storm or flood water runoff channel or basin;
8. Regulating and limiting the intensity of the use of lot areas, and regulating and determining the area of open spaces within and surrounding buildings and structures;
9. Classifying, regulating, and restricting the location of trades and industries and the location of buildings, structures and land designed for specified industrial, commercial, residential, and other uses;
10. Dividing the entire village into districts of such number, shape, area, and such different classes according to the use of land, buildings and structures, intensity of the use of lot area, area of open spaces, and other classification as may be deemed best suited to carry out the purposes of this chapter;
11. Fixing regulations and standards to which buildings, structures or uses therein shall conform;
12. Prohibiting uses, buildings, or structures incompatible with the character of such districts; and
13. Preventing additions to and alteration or remodeling of existing building, structures or uses in such a way as to avoid the restrictions and limitation lawfully imposed under this chapter.

It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws, ordinances, or resolutions, except those specifically repealed by this chapter or amendments hereto, or with private restrictions placed upon property by covenant, deed, or other private agreement, or with restrictive covenants running with the land to which the village is a party. Where this chapter imposes a greater restriction upon land, buildings or structures than is imposed or required by such existing provisions of law, ordinance, resolution, contract or deed, the provisions of this chapter shall control.

The following rules shall apply in the construction and interpretation of this chapter:

1. The present tense includes the future tense.
2. The masculine gender includes the feminine and the neuter.
3. The singular number includes the plural, and vice versa.
4. The word "shall" is always mandatory; the word "may" is always permissive.
5. The word "person" includes a partnership, association, firm, trust, club, company, or corporation as well as the individual.
6. The word "used" or "occupied" as applied to any land, building, use, structure, or premise shall be construed to include the words "intended, arranged, or designed to be used, occupied or located."
7. The word "lot" shall include the words "plot" and "parcel."

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

ABANDONED SIGN. A sign which no longer directs attention to or advertises any person, business, lessor, owner, product, idea, place, activity, institution, or service which is conducted or available.

ACCESS. Egress or ingress.

ACCESSORY. As applied to a building, structure, or use, one which is on the same lot with, incidental and subordinate to the main or principal structure or use and which is used for purposes customarily incidental to the main or principal structure, or the main or principal use.

AGRICULTURE. The growing, harvesting and storing of crops, including legume, hay, grain, fruit and truck or vegetable crops, floriculture, horticulture, mushroom growing, nurseries, orchards, forestry and greenhouses; the keeping, raising and feeding of livestock or poultry, including dairying, poultry, swine, sheep, beef cattle, pony and horse production, fur farms and fish and wildlife farms; farm buildings used for growing, harvesting and preparing crop products for market, or for use on the farm; roadside stands, farm buildings for storing and protecting farm machinery and equipment from the elements, for housing livestock or poultry and for preparing livestock or poultry products for market; farm dwellings occupied by farm owners, operators, tenants or seasonal or year-round hired farm workers. It is intended by this definition to include all types of agricultural operations, but to exclude therefrom industrial operations such as a grain elevator, canning or slaughterhouse, wherein the agricultural products produced primarily by others are stored or processed.

ALLEY. A permanent service right-of-way which affords only a secondary means of access to property abutting such right-of-way and is not intended for general traffic circulation.

ALTER or ALTERATION. Any change in the bearing walls, columns, beams, girders or supporting members of a structure; any change or rearrangement in the floor area of a building, any enlargement of a structure whether by extending horizontally or by increasing in height, and/or any movement of a structure from one location or position to another.

ANIMAL HOSPITAL. An establishment for the treatment and/or boarding of small animals such as dogs, cats, rabbits, and birds by a veterinarian.

ANIMATED SIGN. A sign that incorporates or includes action.

AREA, BUILDING. The total area taken on a horizontal plane at the largest floor level of the main or principal building and all accessory buildings on the same lot exclusive of uncovered porches, terraces, steps or awnings, marquees and nonpermanent canopies and planters.

AREA, FLOOR, HABITABLE. The sum of the horizontal areas of all rooms in a building, exclusive of basement or cellar, used for habitation, such as living room, dining room, kitchen, bedroom, bathroom, or closet, but not including hallways, stairways, service rooms or utility rooms, nor unheated rooms such as enclosed porches, nor rooms without at least one window or skylight opening onto a yard or court, measured between the interior faces of walls.

AREA, LOT. The total area within the lot lines.

AREA, SIGN. The gross surface area within a single continuous perimeter composed of a single rectangle enclosing the extreme limits of characters, lettering, illustrations, ornamentations, or other figures, together with any material, or color forming an integral part of the display or to differentiate the sign from the background to which it is placed. Structural supports bearing no sign copy shall not be included in gross surface area; however, if any portion of the required structural supports become enhanced for decorative or architectural purposes, that portion will be included in the total gross surface area of the sign. For computing the area of any sign which consists of individual letters or separate graphic elements, the area shall be deemed to be the area of the smallest rectangular figure which can encompass all of the letters or elements.

ASYLUM. A building having facilities for inpatient nursing care, where physicians and other medical professionals diagnose and treat hum.an mental ailments.

AUTOMOBILE. A self-propelled, free-moving motor vehicle for the conveyance of persons on a street and having a seating capacity for not more than ten persons.

AWNING. A retractable or removable roof-like structure which, when opened or extended, projects from the wall of a building or structure and overhangs the public way or adjacent yard or court.

AWNING SIGN. A sign on or attached to a temporary retractable shelter that is supported entirely from the exterior wall of a building. This definition does not include any off-premises sign.

BACKGROUND AREA. The entire area of a sign on which copy could be placed, as opposed to the copy area, when referred to in connection with wall signs.

BANNER. A sign made of paper, plastic, or fabric of any kind which is intended to be hung either with or without a frame, with or without applied characters, letters, illustrations, or ornamentations, excluding national, state or government flags.

BASEMENT. A story having part but not more than one-half its height below grade.

BEACON. A stationary or revolving light (also known as "searchlight") which flashes or projects illumination, single color or multi-colored, in any manner which is intended to attract or divert attention. This term is not intended, however, to include any kind of lighting device which is required or necessary under the safety regulations described by the Federal Aviation Administration or similar agencies.

BERTH, LOADING. A stall of dimensions herein specified, adjacent to a loading dock for the maneuvering and parking of a vehicle for loading and unloading purposes.

BILLBOARD. Any structure or portion thereof upon which a sign or advertisement used as an outdoor display for the purpose of making anything known to the general public is affixed. The definition does not include any bulletin boards used to display official court, public notice, or church bulletins.

BLOCK. Property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or between the nearest intersecting or intercepting street and railroad right-of-way, waterway, unsubdivided area or other definite boundary.

BOARDING HOUSE. A dwelling containing at least three dwelling units or lodging units in whatever combination. Meals are provided within such boarding house to the residents of the lodging units.

BUFFER STRIP. An area, property, lot or tract of land or portion thereof, either vacant or landscaped with screen planting as herein specified, which shall serve as a separating space between dissimilar land uses or districts.

BUILDING. An enclosed structure having a room supported by columns, walls, arches, or other devices and used for the housing, shelter or enclosure of persons, animals, and chattels.

BUILDING, ATTACHED. A building having two walls in common with other buildings.

BUILDING, DETACHED. A building having no walls in common with other buildings.

BUILDING FACE OR WALL. The wall and window area of a building in one plane of elevation.

BUILDING FRONTAGE. The linear length of a building facing the right-of-way.

BUILDING FRONTAGE. The frontage of a lot on a public right-of-way or privately owned circulation road.

BUILDING, MAIN OR PRINCIPAL. The building in which is conducted the main or principal use of the lot on which it is located.

BUILDING, SEMI-DETACHED. A building having one wall in common with another building.

BUILDING RESTRICTION LINE. A line usually parallel to the front, side or rear lot line set to as to provide the required yards for a building or structure.

CAMP. A tract of land, on which may be located buildings, structures or camping vehicles, which land, together with appurtenances thereon, is used for seasonal, recreational, or other similar purposes. A camping vehicle shall not be located in such camp for more than 30 consecutive days. A camp shall not be deemed to include a hospital, sanitarium, nursing or convalescent home, asylum, school, penal or correctional institution, nor a trailer camp.

CANOPY SIGN. Any canopy containing, embodying, or displaying any words, trademark, logo lighting or similar representation.

CARPORT. A roofed structure with less than four walls that is freestanding which is used or intended to be used as a shelter for a vehicle.

CELLAR. A story having less than one-half of its height above grade.

CHANGEABLE COPY. Letters, numerals, or other graphics which are not permanently affixed, to a structure and/ or set for permanent display and are intended to be alterable through manual or electronic means.

CLINIC. An establishment without facilities for inpatient nursing care, where one or more physicians and other medical professionals diagnose and treat human physical and/ or mental ailments.

COMMUNITY GARDEN ENERGY SYSTEM (CGES). A community solar-electric (photovoltaic) array, of no more than fifteen (15) acres in size, that provides retail electric power (or financial proxy for retail power) to multiple households or businesses residing in or located off-site from the location of the solar energy system.

COMPREHENSIVE PLAN. The complete plan or any of its parts for the development of the County as prepared by the Tri County Regional Planning Commission or other planning agency and adopted by the governing body as the official plan.

CONSTRUCTION. The excavation of earth to provide for a foundation, basement or cellar; and/or, the addition to or removal from a lot or tract of land of earth or water so as to prepare said lot or tract of land for the construction of a structure; and/or, the act of placing or affixing a component of a structure upon the ground or upon another such component and.1 or, the placing of construction materials in a permanent position and fastened in a permanent manner; and/or, the demolition, elimination and/or removal of an existing structure in connection with such construction.

COURT. An open space, other than a yard, on the same lot with a building which is bounded on two or more sides by, but is not enclosed by, the walls of such building.

COVERAGE. The percentage of the lot area covered by the building area.

CURB LEVEL. The average elevation of the established curb of a street taken along the area line between the points of intersection of the curb line and the lot lines. Where no curb has been established, the curb level shall be the average elevation of the land surface taken along the street right-of-way line between the points of intersection of the right-of-way line and the lot lines.

DISTRIBUTED GENERATION INSTALLER. A person who has completed all requirements to be certified by the State of Illinois and the Illinois Commerce Commission in order to install renewable energy appliances and equipment.

DISTRICT. A section of the village in which zoning regulations and standards are uniform.

DOCK LOADING. A platform-like structure adjacent to a loading berth from which goods are loaded on, and on which goods are unloaded from a vehicle parked in such loading berth.

DWELLING. A building designed for residential living purposes and containing one or more dwelling units and/ or lodging units.

DWELLING UNIT. One or more rooms constituting all or part of a dwelling which are used exclusively as living quarters for one family and not more than two roomers or boarders, and which contain a stove, sink and other kitchen facilities.

DWELLING, GROUP. A group of two or more single-family or multi-family dwellings, whether attached, semi-detached or detached, in whatever combination, occupying a lot or lots in one ownership.

DWELLING, MULTI-FAMILY. A dwelling containing three or more dwelling units.

DWELLING, SINGLE-FAMILY. A dwelling containing one dwelling unit.

DWELLING, TWO-FAMILY. A dwelling containing two dwelling units with one dwelling unit arranged on the story or stories above the other dwelling unit.

EGRESS. The way over which traffic moves to a street or alley from the property abutting such street or alley and the way over which traffic moves to a major street from a minor street or alley.

ESTABLISHMENT. A business, retail, office, or commercial use. When used in the singular, this term shall be construed to mean a single use, building, structure, or premise of one of the types here noted.

EXOTIC ANIMAL. Any animal that is not indigenous to the state and is not otherwise specifically reference in § 90.13.

FAMILY.

1. An individual; or
2. Two or more persons related by blood, marriage, or adoption; or
3. Maximum of five persons not so related; together with his or their domestic servants and gratuitous guests maintaining common household in a dwelling unit or lodging unit.

FENCE. A man-made structure which is constructed for the purpose of or has the effect of enclosing or screening the area it is constructed upon.

FIRE WALL. A fire-resistance-rated wall having protected openings, which restricts the spread of fire and extends continuously from the foundation to or through the roof, with sufficient structural stability under fire conditions to allow collapse of construction on either side without the collapse of the wall. The FIRE WALL shall have a minimum of a one-hour fire rating.

FLASHING SIGN. Any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source. Automatic changing signs such as the public service time, temperature and date signs, or electronically controlled message centers shall be classified as "changeable copy signs" not "flashing signs".

FLOOR AREA RATIO. The ratio of the floor area of a building to its lot area for example, when a floor area ratio of four-tenths (0.4) is specified, the floor area of a building constructed on a lot of 10,000 square feet in area is limited to a maximum of 4,000 square feet. The number of stories being optional, the building area may be 4,000 square feet for one story, 2,000 square feet for each of two stories, and so forth. The purpose of this ratio is to control the bulk of buildings.

FUNCTIONAL DEFINITION. A description of a category of land, structure or uses, which outlines the general function of such uses as opposed to a detailed listing of such uses. For example, the functional definition of the agriculture district is "designed to accommodate agricultural uses of all types".

GRADE. The average of the elevations of the surface of the ground measured at all corners of a building.

GROUND MOUNT SOLAR ENERGY SYSTEM. A solar energy system that is directly installed renewable energy appliances and equipment.

HEIGHT.

1. As applied to a building: The vertical measurement from grade to a point midway between the highest and lowest points of the roof.
2. As applied to a story: The vertical measurement between the surface of any floor and the surface of the floor next above it, or if there is no floor above, then the vertical measurement between the surface of the floor and the ceiling next above it.
3. As applied to a structure:
   1. Attached structure. Where such structure is attached to another structure and is in direct contact with the surface of the ground, the vertical measurement from the average level of the surface of the ground immediately adjoining such structure to the uppermost portion of such structure shall be the height. Where such structure is attached to another structures and is not in direct contact with the surface of the ground, the vertical measurement from the lowest portion of such structure to the uppermost portion shall be this height.
   2. Detached structure. The vertical measurement from the average level of the ground immediately surrounding such structure to the uppermost portion of such structure.

HEIGHT, SIGN. The vertical distance measured from the upper surface of the nearest street curb or street level (other than an elevated roadway) to the highest point of the sign.

HOME OCCUPATION. A gainful occupation or profession conducted entirely within a dwelling or in a structure accessory thereto, or conducted in connection with a dwelling, and carried on by the residents therein, provided such occupation or profession is clearly incidental and secondary to the use of the dwelling for residential living purposes.

HOSPITAL. A building having facilities for inpatient nursing care, where physicians and other medical professionals diagnose and treat human physical ailments.

HOTEL. A building containing separate accommodations for use by primarily transient persons. A hotel may contain restaurants, barber shops and other accessory services for serving primarily its residents and only incidentally the public.

ILLUMINATED SIGN, EXTERNAL. Any sign externally illuminated by a source of light which is cast upon the surface or face of the sign to illuminate by reflection only.

INGRESS. The way over which traffic moves from a street or alley to the property abutting such street or alley and the way over which traffic moves from a major street to a minor street or alley.

IN-GROUND SWIMMING POOL. Any structure that contains water over 24 inches in depth and which is used or intended to be used for swimming or recreational bathing, any portion of which is permanently affixed to or incorporated into the ground, is buried, or is otherwise situated to be below the prevailing grade of the surrounding land in whole or in part.

JUNK YARD. A lot, land, building or structure, or part thereof used primarily for the collecting, storage and/or sale of wastepaper, rags, scrap metal or discarded material or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts therefrom.

KENNEL, COMMERCIAL. A structure for sheltering or keeping dogs, bitches, and puppies which, either is registered or listed as a kennel by a commercial organization; keeps or boards animals not belonging to a family dwelling on the premises; or keeps more than three such animals that are more than six months old.

LEAN-TO. A structure with a single-pitch roof that is attached to the side of a building as a wing or extension. LEAN-TOs are strictly prohibited in the Village of Mackinaw.

LODGING HOUSE. A dwelling containing at least three dwelling units or lodging units in whatever combination. Meals are not provided within such lodging house to the residents of the lodging units.

LODGING UNIT. One or more rooms constituting all or part of a dwelling which are used exclusively as living quarters for one family and do not contain cooking facilities.

LOT. When used alone shall mean a zoning lot unless the context of this chapter clearly indicates otherwise.

LOT, CORNER. A lot located:

1. At the junction of and abutting two or more intersecting streets; or
2. At the junction of and abutting a street and the nearest shoreline or high-water line of a storm or floodwater runoff channel or basin; or
3. At the junction of and abutting two or more storm or floodwater runoff channels or basins; or
4. At the abutting point of abrupt change of a single street where the interior angle is less than 135 degrees, and the radius of the street is less than 100 feet.

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

LOT LINES. The lines bounding a lot.

MARQUEE. A nonretractable roof-like structure of a permanent nature which projects from the wall of a structure and overhangs the public way or adjacent yard or court.

MOBILE HOME. A vehicle or semi-portable structure having a permanently attached chassis to permit it being used as a conveyance upon a street or highway and designed to permit the occupancy thereof as a dwelling place for one or more persons and which has a toilet and bath or shower facilities, whether or not it is placed on a permanent foundation with its hitch and rolling equipment removed, and whether or not any structure has been attached to it as an addition.

MOBILE HOME PARK. An area of land on which two or more occupied mobile homes are harbored, either free of charge or for revenue, together with any building structure or enclosure used as part of the equipment of such park and the owner/operator at all times maintains a current and valid mobile home park license issued by the State Department of Public Health.

MODULAR HOME. A structure, transportable in one or more sections which in traveling mode is 8 body feet or more in width or 40 body feet or more in length, and when erected on site, is 1,000 or more square feet and which is designed to be used as a dwelling with a permanent foundation when connected with the required utilities, and includes plumbing, heating, and electrical systems contained therein. A modular home is a structure that is permanently placed on a permanent foundation extending below the frost line. A modular home is a structure that has a state seal on the electrical panel box indicating that it has been approved by the State Department of Public Health.

MONUMENT SIGN. Any sign supported by structures or supports that is placed on, or anchored in, the ground, and are independent from any building or other structure.

MOTEL. A building or a group of buildings whether detached, semi-detached, or attached, containing accommodations for primarily transient automobile travelers. The term includes such buildings designated as tourist courts, tourist cabins, motor lodges and other similar terms.

MOTOR BUS. A self-propelled free-moving motor vehicle for the conveyance of persons on a street and having a seating capacity for 11 or more persons.

MOTOR TRUCK, HEAVY. A self-propelled free-moving motor vehicle for the conveyance of goods on a street and having a load capacity of one and one-half tons or more.

MOTOR TRUCK, LIGHT. A self-propelled free-moving motor vehicle for the conveyance of goods on a street and having a load capacity of less than one and one-half tons.

MOTOR VEHICLE. A self-propelled free-moving vehicle for the conveyance of goods or persons on a street.

NONCONFORMING LOT, STRUCTURE OR USE. A lot, sign, structure or use which does not conform to the regulations and standards of the district in which it is located.

NONCONFORMING PREMISES. A nonconforming lot with a nonconforming structure located on it.

NURSING OR CONVALESCENT HOME. A building containing sleeping rooms where persons are housed or lodged and are furnished with meals and nursing care for hire.

OFF PREMISES SIGN. Any sign that advertises activities, goods, products, services, or facilities that are not sold or offered up the premises where the sign is located (e.g., billboard).

ON PREMISES SIGN. Any sign related to a business or profession conducted, or a commodity or service sold, or offered upon the premises where such sign is located.

OPEN SPACE. The unoccupied space open to the sky on the same lot with a structure.

OWNER, OWNERSHIP. An individual, firm, association, syndicate, partnership, corporation, company, organization, trust, or any other legal entity having a proprietary interest in a use, structure, premise, lot, or tract of land.

PARKING LOT. A lot, court, yard, or portion thereof used for the parking of vehicles.

PARKING SPACE. A space accessory to a use or structure for the parking of one vehicle, the size of which shall be determined as herein specified. A parking space may be located within a building or structure or in the open.

PERFORMANCE STANDARDS. Criteria established to control the use of land, structures, and premises by the amount of noise, odor, smoke; toxic or noxious matter, radioactive fire, and explosive hazards; and the glare of heat or light generated by or inherent to the use of land, structures, and premises.

PERSONAL SOLAR ENERGY SYSTEM (PSES). Any device or combination of devices or elements which rely upon direct sunlight as an energy source including but not limited to any substance or device which collects sunlight for generating electricity for use on-site. However, the energy output may be delivered to a power grid to offset the cost of energy on-site.

PERSONAL SOLAR WATER SYSTEM. Solar water systems may be allowed as roof or wall mounts as long as they are not on the side of the structure facing the street. If it is a room mount, it cannot project above the ridge height or be visible from the street facing side.

PLANNING COMMISSION. The Planning Commission of the village, or if there is none, they shall mean the Tri-County Regional Planning Commission of Peoria, Tazewell, and Woodford County.

PLANNED DEVELOPMENT. A tract of land which is developed as a unit under single ownership or control which includes two or more main or principal structures and is identified to its main or principal use by its functional definition prefix, as dwelling group.

PLAT. A map plan or layout showing the subdivision of land and indicating the location and boundaries of individual lots.

POLITICAL SIGN. A sign or poster announcing a candidacy for public political office or a public issue.

PORTABLE SIGN. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to:

1. Signs designed to be transported by means of wheels;
2. Signs converted to "A" or "T" frames;
3. Menu and sandwich board signs;
4. Balloons or inflatable figures used as signs;
5. Umbrellas used for advertising; and
6. Signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations.

PROJECTION SIGN. Any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.

PROPERTY. The general term denoting, either singularly or in combination, an area, lot, parcel, tract, plot, unit, or otherwise designated portion of land.

RIGHT-OF-WAY. Will include any street, alley, other land, or waterway, dedicated or commonly used for utility purposes, including utility easements in which the Village has the right and authority to authorize, regulate or permit the location of facilities or structures other than those of the Village.

RINGELMANN CHART. A chart which is described in the U.S. Bureau of Mines Information Circular 6888, and on which are illustrated graduated shades of grey for use in grading the density of smoke or particulate matter.

RINGELMANN NUMBER. A particular designation of an area on the Ringelmann Chart that coincides most nearly with the visual density of smoke or particulate matter being observed.

SANITARIUM. A private hospital or asylum.

SANITARY LANDFILL. A method of disposing of garbage, trash, refuse or any combustible material of an organic nature by the spreading and daily covering of such materials with earth to a depth of not less than two feet on the top surface and one foot on the sides of the bank.

SANITARY SEWER. A constructed conduit for the collection and carrying of liquid and solid sewage wastes, other than storm waters, to a sewage treatment plant or disposal facility.

SCHOOL. A building or group of buildings, and all allocated structures, facilities, and grounds in and on which instruction is given.

SCREEN PLANTING. A vegetative material of sufficient height and density to filter adequately from view in adjoining district, structures and uses on the premises upon which the screen planting is located.

SETBACK LINE. The building restriction line nearest the front of and across a lot establishing the minimum distance to be provided between the line of a structure located on said lot and the nearest street right-of-way line or center line or the nearest shoreline or high-water line of a storm or floodwater runoff channel or basin.

SIDEWALK. That paved portion of the right-of-way designed and intended for the movement of and use of pedestrian traffic.

SIGN. Any structure or device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge or insignia of any government or governmental agency, of any civic, charitable, religious, patriotic, fraternal, or similar organization or any sign indicating address. Each display surface of a sign shall be considered a sign.

SIGN SETBACK. The minimum horizontal distance between the street right of way line and any portion of the sign, including its supporting framework or bracing.

SMOKE UNIT. The emission of smoke of a density of Ringelmann Number 1 for a period of one minute. For example, smoke emitted for five minutes at a density of Ringelmann Number 3 would constitute 15 smoke units.

SOLAR ENERGY. Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.

SOLAR ENERGY SYSTEM (SES). The components and subsystems required to convert solar energy into electric or thermal energy suitable for use. The area of the system includes all the land inside the perimeter of the system, which extends to any fencing.

SOLAR FARM ENERGY SYSTEM (SFES). A commercial facility that converts sunlight to electricity, whether by photovoltaics, concentrating solar thermal devices, or various experimental technologies for on-site or off-site use with the primary purpose of selling wholesale or retail generated electricity in excess of one (1) acre.

SOLAR PANEL. A device for the direct conversion of solar energy into electricity or heat.

SPECIAL CONDITION. A condition for the establishment of a special use.

SPECIAL USE. A use permitted in a district pursuant to, and in compliance with, procedures specified herein.

STORAGE SHED. A portable accessory structure with no foundation placed on soil or a concrete pad matching the existing grade of the property. A storage shed shall not exceed 12 feet by 16 feet. The side walls of the storage shed shall not exceed eight feet in height.

STORY. That portion of a building included between the surface of the floor next above it, or if there be no floor above, then the space between any floor and the ceiling next above it.

STREET. A thoroughfare within the right-of-way which affords the principal means of access to abutting property. A street may be designated as an avenue, a boulevard, drive, highway, lane, parkway, place, road, thoroughfare or by other appropriate name. Streets are identified as follows:

1. HIGHWAY. A street of regional or intercommunity importance for the swift movement of heavy traffic and identified as a highway on the zoning map.
2. MAJOR STREET. A street which facilitates the movement of traffic from minor streets to the highways and designated as a major street on the zoning map as a highway or major street.
3. MINOR STREET. Any other street, either publicly dedicated or private, not designated on the zoning map as a highway or major street.

STRUCTURE. Anything constructed, erected, or portable, the use of which requires a location on a parcel of land. This includes a fixed or movable building which can be used either temporarily or permanently. STRUCTURE shall include, but not be limited to, buildings, retaining walls, swimming pools, fences, billboards, carports, and signs.

STRUCTURE, ATTACHED. A structure connected to another structure.

STRUCTURE, DETACHED. A structure not connected to another structure.

STRUCTURE, MAIN OR PRINCIPAL. The structure in or on which is conducted the main or principal use of the lot on which it is located.

STRUCTURE MOUNT SOLAR ENERGY SYSTEM. A solar energy system in which solar panels are mounted on a structure.

SUBDIVISION. Any division, development or resubdivision of any part, lot, area, or tract of land by the owner or agent, either by lots or by metes and bounds, into lots two or more in number, for the purpose, whether immediate or future, of conveyance, transfer, improvement, or sale, with the appurtenant streets, alleys, and easements, dedicated or intended to be dedicated to public use or for the use of the purchasers or owners within the tract subdivided. The division of land for agricultural purposes not involving any new street, alley, or other means of access, shall not be deemed a subdivision for the purpose of the regulations and standards of this chapter.

SWIMMING POOL. A prefabricated in-ground or above ground swimming pool that is fully manufactured in a facility for the sole purpose of being used as a swimming pool.

TEMPORARY SIGN. A sign advertising an issue, a garage or yard sale or other one-time occurrence. It also includes signs of cloth or other combustible material (usually attached to the outside of a building on a wall or storefront) for a period of not more than 30 days. This definition does not include any off-premises signs.

THEATER, OUTDOOR DRIVE-IN. An open lot or part thereof with its appurtenant facilities devoted primarily to the showing of moving pictures or theatrical productions on a commercial basis to patrons seated in automobiles or on outdoor seats.

TOURIST HOME. A dwelling containing the dwelling unit of the owner or operator and containing separate accommodations primarily for transient automobile travelers.

TRAILER COACH. Any portable or mobile vehicle or mobile home used for residential living purposes by a family. For the purpose of this chapter such vehicle shall be classified as a trailer coach whether or not its wheels, rollers, skids, or other roller equipment have been removed, or whether or not any addition thereto has been built on the ground.

TRAILER CAMP. A tract of land meeting the standards established by the county health authorities and by the Illinois State Department of Health.

1. Where two or more inhabited trailer coaches are parked, or
2. Which is used by the public as parking space for two or more inhabited trailer coaches.

USE. The specific purpose for which land, a structure or premise is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

VARIANCE. A deviation from the regulations or standards adopted by this chapter which the Board is permitted to grant when strict enforcement would cause undue hardship owing to circumstances unique to the individual property, lot, structure, or premise for which the variance is sought.

VEHICLE. A conveyance, either self-propelled, in or on which persons and/or goods are transported on the surfaces of the ground, including but not limited to automobiles motor buses, motor trucks, tractors, sleighs, wagons, earth-moving equipment and other such conveyances.

VEHICULAR SIGNS. Any advertising or business sign attached to a motor vehicle, which is parked or placed in position for display to the public.

VILLAGE. The Village of Mackinaw, County of Tazewell, State of Illinois.

VILLAGE BOARD. The governing body of the village.

WALL SIGN. A sign which is placed against a building or other structure, and which is attached to the exterior front, rear or side wall of a building.

WINDOW. An opening in an exterior wall of a building, other than a door, which provides all or part of the natural light or ventilation, or both, to an interior space.

WINDOW SIGN. A sign that is posted on the interior or exterior of a window of a building or structure which is intended to be read from the exterior of the building or structure.

YARD. An open space, other than a court, on the same lot with a structure, lying between the structure and the nearest lot line, and is unoccupied and unobstructed from the surface of the ground upward except as may be specifically provided by the regulations and standards herein.

YARD, FRONT. A yard extending the full width of a lot and situated between the front lot line and the nearest line of a structure located on said lot. Where a lot is located such that its rear and front lot lines each abut a street right-of-way line or the nearest shoreline or high-water line of a storm or floodwater runoff channel or basin, both such yards shall be classified as front yards. Each yard of a corner lot facing a street right-of-way line, or the shoreline or high-water line of a storm or floodwater runoff channel or basin shall be classified as a front yard.

YARD, REAR. A yard extending the full width of a lot and situated between the rear lot line and the nearest line of a structure located on said lot.

YARD, SIDE. A yard situated between the side lot line and the nearest line of a structure located on said lot and extending from the rear line of the required rear yard.

ZERO LOT LINE DUPLEX. A duplex of which both dwelling units may be sold separately if all of the following requirements are met:

1. At the time the dwelling units are severed from common ownership, the owner, or owners of the two dwelling units have signed an agreement to run with the land, in a form adequate to ensure access for maintenance and providing for maintenance of the walls and driveways, or a set of covenants and restrictions are recorded in the Recorder of Deed's Office to provide for said maintenance. Nothing in this subsection shall be interpreted as permitting the construction of any adjacent buildings using only one wall for both buildings. Each dwelling unit shall have its own fire wall.
2. A re-subdivision plat dividing the lot has been approved by the Village Zoning Board prior to recording. Formal subdivision procedures shall not be required.
3. The duplex otherwise complies with the requirements of the Zoning Code, as amended from time to time. Each individual zero lot line unit shall have separate water and sewer service, and each individual zero lot line unit shall be a separate customer for the water and sewer system. The subdivided lot shall be considered as one lot for purposes of all other provisions of the Zoning Code. A variance for yard requirements may be requested in the same manner as other variances.

ZONE. See DISTRICT.

ZONING BOARD. The Zoning Board of Appeals of the Village.

ZONING ENFORCING OFFICER. The officer designated by the Village Board to enforce this chapter.

ZONING LOT. A single property, parcel, unit, tract, plot, or otherwise designated portion of land, having metes and bounds, which is designated to be used, as a unit under single ownership or control, and which may be occupied by one or more structures and the accessory structures, or uses customarily incidental to it, including such open spaces as are arranged and designed to be used in connection with such structure. A ZONING LOT may or may not coincide with a lot of record.

1. For the purpose of promoting the public health, safety, morals and general welfare, the village is hereby divided into the following types of districts:
2. The location and boundaries of the districts established by this chapter are shown on the zoning map, which map, together with all explanatory matter thereon, is adopted by reference and incorporated herein, and is hereby made a part of this chapter just as if fully described herein. A copy of the map shall be and remain on file in the office of the Village Clerk.
3. All amendments to this chapter which affect the location and boundaries of the districts established herein or of districts hereafter established shall be accompanied by, as part of said amending ordinance, a copy of the zoning map as modified by said amending ordinance, showing the changes made by said amendment, or in lieu thereof, a detailed description of such changes. In addition, when major changes are made to the area zoned by this chapter, accompanying the amending ordinance there shall be a copy of the official zoning map as so modified which shall be designated "Amended Official Zoning Map of the Village of Mackinaw" and which shall be known as the official zoning map from and after the effective date of the amending ordinance, until replaced by a subsequent amendment. (Am. Ord. 668, passed 10-14-02; Am. Ord. 872, passed 1-13-14)
   1. R Residential District
   2. C Commercial District
   3. I Industrial District
   4. M Mobile home park
   5. Agricultural District

1. Where uncertainty exists as to the boundaries of districts shown on the Official Zoning Map, the following rules shall apply:
   1. Street and alley boundaries indicated as approximately following the center lines of streets or alleys shall be construed to follow such center lines.
   2. Lot line boundaries indicated as approximately following recorded lot lines shall be construed as following such lot lines.
   3. Village limits boundaries indicated as approximately following village limits shall be construed as following such village limits.
   4. Railroad lines boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
   5. Parallels or extensions of above boundaries indicated as parallel to, or extensions of features indicated in divisions (1) through (4) above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.
   6. Other. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map or in other circumstances not covered by divisions (1) through (5) above, the Zoning Board shall interpret the district boundaries.
2. All territory which may hereafter be annexed to the village shall be considered as being in the R Residential District until otherwise changed by ordinance.

Despite any of the provisions of this chapter the Village Board of Trustees, after public hearing preceded by at least 7 days’ notice, may waive all or any portions of the restrictions, conditions, rules, and regulations that are contained herein. Such waiver may only be if, after hearing conducted by the Village Board of Trustees, the Board finds that such a waiver would be for the benefit of the economy of the village and its citizens. Such waivers shall take into consideration the advantage of any such waiver to the economy of the village as opposed to the cost to the village for any such waiver.