- TITLE; PURPOSE; DEFINITIONS
This title shall be known and may be cited as the zoning ordinance of the Village of Maple Park, Illinois.
(Ord. 2014-13, 7-1-2014; amd. Ord. 2021-15, 11-9-2021)
A.
Intent. The intent of this title is to divide the village into zoning districts for the purpose of classifying, regulating, and restricting the location of trades, industries, and commercial enterprises; to regulate the location of buildings arranged, intended, and designed for specified uses; to regulate and limit the height and bulk of buildings hereafter erected; to classify, regulate, and determine the area of front, rear, and side yards, courts, and other open spaces about buildings; to regulate and limit the intensity of the use of the land and lot areas within the village; to create a planning and zoning commission, to define certain terms used in this title; to provide penalties for its violation; and to designate the time when this title shall take effect.
B.
Purpose. The purpose of this zoning ordinance is to guide development in accordance with existing and future needs in order to protect, promote, and improve the public health, safety, morals, convenience, order, appearance, prosperity, and general welfare of the citizens of the village. More specifically, this title is intended to assist in achieving the following objectives:
1.
To encourage the development of buildings and uses on appropriate sites in order to maximize community wide social and economic benefits while accommodating the particular needs of all residents and to discourage development on inappropriate sites;
2.
To protect and enhance the character and stability of existing residential, commercial, and industrial areas and to gradually eliminate nonconforming uses and structures;
3.
To conserve and increase the value of taxable property throughout the village;
4.
To ensure the provisions of adequate light, air, and privacy for the occupants of all buildings;
5.
To provide adequate and well-designed parking and loading space for all buildings and uses and to reduce vehicular congestion on the public streets and highways;
6.
To lessen or avoid the hazards to persons and damage to property resulting from the accumulation of runoff of storm or flood waters;
7.
To provide for efficient administration and fair enforcement of all regulations set forth herein; and
8.
To clearly and concisely explain the procedures for obtaining variances, special use permits, amendments, and the like.
(Ord. 2014-13, 7-1-2014; amd. Ord. 2021-15, 11-9-2021)
A.
Rules. In the construction of this title, the rules and definitions contained in this section shall be observed and applied except when the content clearly indicates otherwise.
1.
The term "this municipality" shall mean the Village of Maple Park.
2.
The word "shall" is mandatory and not discretionary; the word "may" is permissive.
3.
Words used in the present tense include the future tense.
4.
Words used in the singular number shall include the plural number; and words used in the plural shall include the singular.
5.
The words "lot," "parcel," "piece," "plot," "site," and "tract" shall be synonymous. (See definition of plot.)
6.
The words "extend," "enlarge," and "expand" shall be synonymous. (See definition of enlarge.)
7.
The words "abutting," "adjacent," and "contiguous" shall be synonymous. (See definition of abuts, abutting.)
8.
The word "building" includes all structures of every kind.
9.
The phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for."
10.
References to sections shall be deemed to include all subsections within that section, but a reference to a particular subsection designates only that subsection.
11.
A general term that follows or is followed by enumerations of specific terms shall not be limited to the enumerated class unless expressly limited.
12.
Words and phrases shall have the meanings respectively ascribed to them unless the context clearly indicates otherwise; terms not defined shall have their meaning as defined in the latest edition of "Webster's Unabridged Dictionary."
B.
Definitions. Terms shall have the following meanings. If a term is not defined below, the definition found in the latest edition of "Webster's Unabridged Dictionary" shall be the acceptable meaning of the term:
Abandoned means to give up one's rights or interests in property.
Abuts, abutting means to have a common lot line or district line.
Accessory building or use means any structure or use that is:
1.
Subordinate in size and serves a principal building or use;
2.
Located on the same lot as the principal structure or use served; and
3.
Necessary or contributing to the comfort or convenience of occupants of the principal structure or use served.
Accessway means a curb cut, ramp, driveway, or other means for providing vehicular access to an off-street parking or loading area.
Acreage means any tract or parcel of land that has not heretofore been subdivided or platted.
Adjacent means to lie near or close to in the neighborhood or vicinity of.
Adjoining means touching or contiguous, as distinguished from lying near.
Adult-use cannabis craft grower means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
Adult-use cannabis cultivation center means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
Adult-use cannabis dispensing organization means a facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
Adult-use cannabis infuser organization or infuser means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
Adult-use cannabis processing organization or processor means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
Adult-use cannabis transporting organization or transporter means an organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
Agriculture means land or land and structures, the principal uses of which are the growing of farm or truck garden crops and one or more of the following: dairying, pasturage, horticulture, floriculture, viticulture, and animal and poultry husbandry, and accessory uses customarily incidental to agricultural activities, including farm dwellings.
Airport, heliport means any area of land or water which is used or intended for the landing and taking off of aircraft, together with all structures, tie downs, storage, and parking located thereon.
Aisle means a vehicular trafficway within an off-street parking area, used as a means of access/egress from parking spaces.
Alley means a right-of-way that gives a secondary means of vehicular access abutting properties whose principal frontage is on a street.
Alteration means a change in size, shape, occupancy, or use of a structure.
Amendment means a change in the provisions of this title (including those portions incorporated by reference) properly effected in accordance with state law and the procedures set forth herein.
Animal/veterinary hospital means a structure or portion thereof designed or used for the care, observation, or treatment of domestic animals, birds, etc.
Apartment means a room or suite of rooms in a multiple-family structure which is arranged, designed, used, or intended to be used as a single housekeeping unit. Complete kitchen, bath, and toilet facilities permanently installed must always be included for each apartment.
Attached means as applied to buildings, "attached" means having a common wall and/or common roof.
Automobile and trailer sales lot means a lot arranged, designed, or used for the storage and display for sale of any motor vehicle, including trucks, or any type of trailer, provided the trailer is unoccupied, and where repair work as an accessory use is done to automobiles or trailers, principal use served.
Automobile gasoline station means a place where gasoline or any other vehicular engine fuel, kerosene, or motor oil and lubricants or grease (for operation of motor vehicles) are retailed directly to the public on the premises, including minor accessories. Servicing of vehicles cannot be performed on the premises.
Automobile service station means a place where gasoline stored only in underground tanks, diesel fuel, kerosene, or motor oil and lubricants or grease (for operation of motor vehicles) are retailed directly to the public on the premises, including the sale of minor accessories and the servicing of and minor repair of automobiles. An automobile service station may include facilities for washing vehicles and the making of minor automotive repairs. Automobile service stations shall not include sale or storage of automobiles, trucks, trailers, trailer sales, or rental (new or used).
Automotive repair, major means engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers, collision service, including body, frame, or fender straightening and repair, overall painting and undercoating of vehicles.
Automotive repair, minor means incidental repairs, replacement of parts, and motor service to automobiles, but not automobile repair; including any operation specified under the definition of automotive repair, major.
Awning means a roof-like cover extending over or in front of a place (as over the deck or in front of a door or window) as a shelter.
Backup (emergency) generator means permanently installed equipment for producing electricity in the event the normal power supply is interrupted. The equipment will be run periodically, per manufacturer's requirements to ensure readiness, and when needed due to power failure.
Boarding house means a building other than a hotel or restaurant where meals are provided for compensation to three or more persons who are not members of the keeper's family.
Building means any structure designed or built for the support, enclosure, shelter or protection of persons, animals, or property of any kind.
Building, detached means a building surrounded by open space on the same zoning lot.
Building height means the vertical distance from grade to the highest point of the coping of a flat roof, 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, spires, elevator penthouses, cooling towers, and similar projections other than signs, shall not be included in calculating building height.
Building, principal means a non-accessory building in which the principal use of the zoning lot on which it is located is conducted.
Building setback line means 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, regulated by the setback: requirements established herein.
Business means an occupation, employment, or enterprise where merchandise is exhibited or sold, or which occupies time, attention, labor, and materials, or where services are offered for compensation.
Car wash means a building or portion thereof where automobiles are washed using automatic or hand operated mechanical devices.
Clinic, medical or dental, means an establishment of three or more physicians or dentists, or both, who have their offices in a common building. A clinic shall not include inpatient care.
Club or lodge, private means a nonprofit organization of persons who are bona fide members paying annual dues, which owns, hires, or leases a building or portion thereof, the use of such premises being restricted to members and their guests.
Condominium means a single dwelling unit in a multi-unit dwelling or structure, that is separately owned and may be combined with an undivided interest in the common areas and facilities of the property.
Cultivation center has the meaning set forth in section 10 of the Illinois Compassionate Use of Medical Cannabis Pilot Program Act, 410 ILCS 130/10, as may be amended.
Daycare home means the accessory use of a dwelling unit licensed by the state as a daycare home and/or night care home in accordance with the Illinois Department of Children and Family Services licensing standards for day and night care homes, or the accessory use of a dwelling unit for the care of no more than three children other than the resident family's natural, adopted or foster children.
Daycare or childcare center means a childcare facility which regularly provides childcare services for profit for less than 24 hours per day for:
1.
More than eight children in a family home; or
2.
More than three children in a facility, other than a family home, which complies with all licensing requirements of the department of children and family services (as defined in the Illinois Compiled Statutes).
Drive-through establishment (drive-in or drive-up) means an establishment or part thereof in which are provided facilities where serving or consuming commodities or both are intended to occur in patron's automobiles parked on the premises, or where commodities are purchased by customers waiting in automobiles for consumption off the premises.
Dwelling means a building or portion thereof designed or used exclusively for residential purposes including single-family, two-family, and multiple-family dwellings, but not including mobile homes or other trailers and lodging rooms in hotels, motels, or lodging houses.
Dwelling, detached means a dwelling surrounded on all sides by open spaces on the same lot.
Dwelling, multiple-family means a dwelling containing three or more dwelling units including apartments (rental units) and condominiums (individual ownership of units).
Dwelling, multiple single-family (townhouse) means a dwelling joined to three or more dwellings by party walls, or vertical cavity walls, and aboveground physically unifying horizontal structural elements.
Dwelling, single-family means a dwelling containing one dwelling unit only.
Dwelling, two-family (duplex) means two dwelling units joined together above grade. Both dwelling units to be located above ground level.
Dwelling unit means one or more rooms arranged, designed, or used as living quarters for one family only. Individual bathrooms and complete single-family facilities, permanently installed to serve the entire family, shall always be included within each dwelling unit.
Efficiency unit means a dwelling unit consisting of one principal room, exclusive of bathroom, kitchen, hallway, closets, or dining alcove directly off the principal room.
Enlarge means to increase the size (floor area, height, etc.) of an existing principal structure or accessory structure or use, or to devote more land to an existing use.
Facade means the face or wall of a building as it is viewed from streets, driveways, and parking lots.
Family means one person or two or more persons each related to the other by blood, marriage, or legal adoption (together with their domestic servants), or a group of not more than four persons not so related, maintaining a common household in a dwelling unit. A family may include, in addition thereto, not more than two roomers, boarders, or permanent guests, whether gratuitous or not.
Fence means a structure used as a boundary, a screen, a means of containing persons or animals, a means of protection or for landscaping aesthetics and which is constructed of wood or metal parts and wood or metal fencing materials or of other similar materials.
Floodplain means land areas subject to flooding.
Floor area (for determining floor area ratio) means the sum of the gross horizontal area of the several floors, including also the basement floor of a building, measured from the exterior faces of the exterior walls, or from the centerlines of walls separating two buildings or units. The "floor area" shall also include the horizontal areas on each floor devoted to:
1.
Elevator shafts and stairwells;
2.
Mechanical equipment, except if located on the roof, when either open or enclosed, i.e., bulkheads, water tanks, and cooling towers;
3.
Habitable attic space as permitted by the building code of this municipality;
4.
Interior balconies and mezzanines;
5.
Enclosed porches; and
6.
Accessory uses.
The "floor area" of structures used for bulk storage of materials, i.e., grain elevators and petroleum tanks, shall also be included in the "floor area" and such "floor area" shall be determined on the basis of the height of such structures with one floor for each ten feet of structure height and if such structures measure less than ten feet but not less than five feet over such floor height intervals, it shall be construed to have an additional floor. The horizontal area in each floor of a building devoted to off-street parking and off-street loading facilities and the horizontal area of a cellar floor shall not be included in the "floor area."
Floor area (for determining off-street parking and off-street loading requirements) means floor area when prescribed as the basis of measure for off-street parking spaces and off-street loading spaces for a use shall be the sum of the gross horizontal area of the several floors of the building, excluding the horizontal areas of basement and cellar floors that are devoted exclusively to areas accessory to the operation of the entire building. All horizontal dimensions shall be taken from the exterior of the walls.
Floor area ratio means the numeral value obtained by dividing the floor area within a building or buildings on a lot by the area of such lot. The floor area ratio requirements as designated for each district when multiplied by the lot area in square feet shall determine the maximum permissible floor area for the building or buildings on the lot.
Garage, private means an accessory building designed and used for the storage of motor vehicles owned and used by the occupants of the principal building, and in which no occupation or business for profit is carried on the lot. Only one of the motor vehicles may be a commercial vehicle that does not exceed one and one-fourth tons in capacity.
Garage, storage means a commercial building or portion thereof designed or used exclusively for storage of motor vehicles and in which motor fuels and oils are not sold, except as herein regulated, and motor vehicles are not equipped, repaired, hired, or sold.
Grade means the average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.
Gross density means the ratio between total number of dwelling units on a site and total site area in acres.
Home occupation means in all residential districts, a gainful occupation or profession conducted entirely within the dwelling by a family member residing in the dwelling and when such occupation or profession is incidental and secondary to the use of the dwelling for dwelling purposes.
Hotel, motel, inn, or auto court means an establishment containing lodging accommodations designed for use by transients, travelers, or temporary guests. Facilities provided may include a kitchen, maid service, laundering of linen used on the premises, telephone and secretarial or desk service, meeting rooms, restaurants, cocktail lounges, and other ancillary uses customarily incidental to such use.
Kennel means any lot or premises or portion thereof on which more than five dogs, cats, or other household domestic animals over six months of age are kept for sale, or on which more than two such animals are boarded for compensation.
Loitering means the act of remaining in a public place for a period of time without any specific reason.
Lot means a parcel of land that, at the time of building permit application, is designated by the owner or developer as the tract all of which is to be developed and used as one parcel under single ownership. A "lot" may consist of a single lot of record or a combination of contiguous lots of record. A lot shall have frontage on a public street or on an approved private street.
Lot area coverage means the part of the percent of the lot occupied by buildings or structures, including accessory buildings or structures.
Lot area, gross means the area of a horizontal plane bounded by the front, side, and rear lot lines, but not including any area occupied by the water of a duly recorded lake or river.
Lot, corner means a lot of which at least two adjacent sides abut for a majority of their full-length upon streets, provided that the interior angle at the intersection of such two sides is less than 135 degrees. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangents to the curve at its point of beginning within the lot or at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135 degrees. The point of intersection of the street lot lines is the corner. In the case of a corner lot with a curved street line, the corner shall be that point on the street lot line nearest to the point of intersection of the tangents above described.
Lot depth means the average horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundaries.
Lot, interior means a lot other than a corner or reversed corner lot.
Lot line, front means the boundary of a lot abutting an existing or dedicated public street, or where no public street exists, is along a public way. The lot line with the shortest dimension shall be considered the front lot line. If the front lot lines are equal, the owner of a corner lot may select either street lot line as the front lot line.
Lot line, rear means the boundary of a lot that is most distant from, and is, or is most nearly, parallel to the front lot line and in case of an irregular lot, a line ten feet in length, within the lot, which is parallel to and at a maximum distance from the front lot line.
Lot line, side means any boundary of a lot that is not a front lot line or a rear lot line.
Lot lines means the property lines bounding a lot.
Lot of record means an area of land designated as a lot on a plat of subdivision recorded or registered, pursuant to statute.
Lot, reversed corner means a corner lot, the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.
Lot, through means a lot having a pair of approximately parallel lot lines that abut two approximately parallel streets. On a "through lot" both street lines shall be deemed front lot lines.
Lot width means the minimum horizontal distance between the side lot lines of a lot measured at the front building setback line.
Medical cannabis dispensing organization means has the meaning set forth in section 10 of the Illinois Compassionate Use of Medical Cannabis Pilot Program Act, 410 ILCS 130/10, as may be amended.
Mobile home means a trailer designated and constructed for dwelling purposes that contains cooking, sanitary, and electrical facilities, and has a gross area of 300 square feet or more, and which conforms to ICC code requirements for residential uses.
Nonconforming building or structure means any building or structure lawfully established that:
1.
Does not comply with all the regulations of this title or any amendment hereto governing bulk or height requirements of the district in which the building or structure is located;
2.
Is located on a lot that does not comply with the applicable lot or yard requirements; or
3.
Is designed or intended for a nonconforming use.
Nonconforming lot means a lot whose width, area, or other dimension did not conform to the regulations when this Code became effective.
Nonconforming use means any building or structure and the use thereof, or the use of and that does not conform with the regulations of this title or any amendment hereto governing use in the district in which it is located but conformed with all of the codes, ordinances and other legal requirements applicable at the time such building or structure was erected, enlarged, or altered, and the use thereof or the use of land was established.
Nursery means a tract of land on which trees, shrubs, and other plants are raised for transplanting and sale and includes any structure in which said activities are conducted.
Nursery school (includes preschool) means a facility for the education of five or more children of pre-elementary school age.
Nursing home means a licensed public or private home or institution which provides maintenance, personal care, and nursing for three or more persons who by reason of physical illness or infirmity are incapable of maintaining a private, independent residence.
Office means any building or portion thereof in which business (usually clerical and administrative affairs) of a commercial/service enterprise or professional person is transacted.
Parking area/lot, off-street means 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.
Performance standard means a criteria established to control smoke and particulate matter, noise, odor, toxic or noxious matter, vibration, fire, and explosion hazards generated by or inherent in uses of land or buildings.
Permitted use means any use which is or may be lawfully established in a particular district(s), provided it conforms with all the requirements applicable to the district(s).
Person means any individual, firm, association, organization, or corporate body.
Planned unit development (PUD) means a special use of a tract of land that contains or will contain two or more principal buildings, developed under single ownership or control; the development of which is unique and of a substantially different character than that of surrounding areas. A planned unit development allows for flexibility not available under normal zoning district requirements.
Planning and zoning code official means the Village of Maple Park building code official is also the planning and zoning code official with respect to the administration and enforcement of this title.
Plot means 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.
Public place means any place where a person could reasonably be expected to be observed by others, including all parts of buildings owned in whole or in part, or leased, by the state or a unit of local government, but does not include a private residence unless the private residence is used to provide licensed child care, foster care, or other similar social service care on the premises.
Residence, principal means the dwelling unit used by the resident(s) thereof as his and/or her primary residence for sleeping hours and the dwelling unit used by the resident(s) thereof for voter's registration and personal income tax returns and as his or her personal credit cards, post office residence, automobile registration, and other purposes.
Setback means the minimum required distance between the property line and the building line.
Sign means any structure, vehicle, device, or any part thereof, which shall be used to identify, advertise, or attract attention to any object, product, place, activity, person, institution, organization, firm, group, commodity, profession, enterprise, industry, or business and which shall display or is intended to display or include any letter, word, model, number, banner, flag, pennant, insignia, device or representation used as announcement, direction, or advertisement, and which is intended to be seen by persons in the public right-of-way. The definition of "sign" shall not, however, be interpreted as prohibiting any structure, vehicle, device or any part thereof used for the purpose of disseminating political, economic, social or philosophical ideas entitled to constitutional protection as noncommercial speech. In any instance where this Code shall be interpreted as permitting the utilization of a sign to express such noncommercial speech said sign shall be subject to such other limitation as are included in this Code.
Story means that portion of a building, included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused underfloor space is more than six feet (1,829 mm) above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet (3,658 mm) above grade as defined herein at any point, such usable or unused underfloor space shall be considered as a story.
Street means a public or private right-of-way which affords a primary means of vehicular access to abutting property, whether designated as a street, avenue, highway, road, boulevard, lane, throughway, or however otherwise designated, but does not include driveways to buildings.
Trailer means a vehicle with or without motive power used or adaptable for living, sleeping, business, recreational or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses, or skirting, which does not meet the building code requirements, and has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place. The term "trailer" includes "camper" and "motor home". A permanent foundation shall not change its character nor shall the erecting of additions to said trailer, unless the trailer and any additions conform to all municipal laws.
Use means the activity occurring on a lot for which land or a building is arranged, designed, or intended, or for which land or a building is or may be occupied, including all accessory uses.
Use, nonconforming means a use that lawfully occupied a building or land at the time this Code became effective, that has been lawfully continued, and that does not now conform with the use regulation.
Use, special means a use that has operational, physical, and other characteristics that may be different from those of the permitted uses in a district, which is a use that upon compliance with special standards is compatible with the intended overall development within a district.
Use, temporary means a use authorized by this title to be conducted for 30 days or less, and/or intermittent periods of time.
Yard means an open space on a lot, other than a court, which is unobstructed from the ground upward by buildings or structures, except as otherwise provided in this title.
Yard, corner side means a side yard adjoining a public street.
Yard, front means an open area extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto.
Yard, interior side means a side yard adjoining another lot or an alley separating such side yard from another lot.
Yard, rear means an open, unoccupied space on the same lot with the building, extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto.
Yard, side means an open, unoccupied space on the same lot with the building and between the building line and the side lot line.
Yard, transitional means that yard which must be provided on a lot in a business district that adjoins a lot in a residential district, or that yard which must be provided on a lot in an industrial district adjoining a lot in either a residential or business district.
Zoning lot means a single tract of land located within a single block which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed, built upon as a unit, under single ownership or control. Therefore, a zoning lot may or may not coincide with a lot of record.
(Ord. 2014-13, 7-1-2014; amd. Ord. 2015-11, 5-5-2015; Ord. 2020-19, 10-7-2020; Ord. 2021-15, 11-9-2021)
- TITLE; PURPOSE; DEFINITIONS
This title shall be known and may be cited as the zoning ordinance of the Village of Maple Park, Illinois.
(Ord. 2014-13, 7-1-2014; amd. Ord. 2021-15, 11-9-2021)
A.
Intent. The intent of this title is to divide the village into zoning districts for the purpose of classifying, regulating, and restricting the location of trades, industries, and commercial enterprises; to regulate the location of buildings arranged, intended, and designed for specified uses; to regulate and limit the height and bulk of buildings hereafter erected; to classify, regulate, and determine the area of front, rear, and side yards, courts, and other open spaces about buildings; to regulate and limit the intensity of the use of the land and lot areas within the village; to create a planning and zoning commission, to define certain terms used in this title; to provide penalties for its violation; and to designate the time when this title shall take effect.
B.
Purpose. The purpose of this zoning ordinance is to guide development in accordance with existing and future needs in order to protect, promote, and improve the public health, safety, morals, convenience, order, appearance, prosperity, and general welfare of the citizens of the village. More specifically, this title is intended to assist in achieving the following objectives:
1.
To encourage the development of buildings and uses on appropriate sites in order to maximize community wide social and economic benefits while accommodating the particular needs of all residents and to discourage development on inappropriate sites;
2.
To protect and enhance the character and stability of existing residential, commercial, and industrial areas and to gradually eliminate nonconforming uses and structures;
3.
To conserve and increase the value of taxable property throughout the village;
4.
To ensure the provisions of adequate light, air, and privacy for the occupants of all buildings;
5.
To provide adequate and well-designed parking and loading space for all buildings and uses and to reduce vehicular congestion on the public streets and highways;
6.
To lessen or avoid the hazards to persons and damage to property resulting from the accumulation of runoff of storm or flood waters;
7.
To provide for efficient administration and fair enforcement of all regulations set forth herein; and
8.
To clearly and concisely explain the procedures for obtaining variances, special use permits, amendments, and the like.
(Ord. 2014-13, 7-1-2014; amd. Ord. 2021-15, 11-9-2021)
A.
Rules. In the construction of this title, the rules and definitions contained in this section shall be observed and applied except when the content clearly indicates otherwise.
1.
The term "this municipality" shall mean the Village of Maple Park.
2.
The word "shall" is mandatory and not discretionary; the word "may" is permissive.
3.
Words used in the present tense include the future tense.
4.
Words used in the singular number shall include the plural number; and words used in the plural shall include the singular.
5.
The words "lot," "parcel," "piece," "plot," "site," and "tract" shall be synonymous. (See definition of plot.)
6.
The words "extend," "enlarge," and "expand" shall be synonymous. (See definition of enlarge.)
7.
The words "abutting," "adjacent," and "contiguous" shall be synonymous. (See definition of abuts, abutting.)
8.
The word "building" includes all structures of every kind.
9.
The phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for."
10.
References to sections shall be deemed to include all subsections within that section, but a reference to a particular subsection designates only that subsection.
11.
A general term that follows or is followed by enumerations of specific terms shall not be limited to the enumerated class unless expressly limited.
12.
Words and phrases shall have the meanings respectively ascribed to them unless the context clearly indicates otherwise; terms not defined shall have their meaning as defined in the latest edition of "Webster's Unabridged Dictionary."
B.
Definitions. Terms shall have the following meanings. If a term is not defined below, the definition found in the latest edition of "Webster's Unabridged Dictionary" shall be the acceptable meaning of the term:
Abandoned means to give up one's rights or interests in property.
Abuts, abutting means to have a common lot line or district line.
Accessory building or use means any structure or use that is:
1.
Subordinate in size and serves a principal building or use;
2.
Located on the same lot as the principal structure or use served; and
3.
Necessary or contributing to the comfort or convenience of occupants of the principal structure or use served.
Accessway means a curb cut, ramp, driveway, or other means for providing vehicular access to an off-street parking or loading area.
Acreage means any tract or parcel of land that has not heretofore been subdivided or platted.
Adjacent means to lie near or close to in the neighborhood or vicinity of.
Adjoining means touching or contiguous, as distinguished from lying near.
Adult-use cannabis craft grower means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
Adult-use cannabis cultivation center means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
Adult-use cannabis dispensing organization means a facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
Adult-use cannabis infuser organization or infuser means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
Adult-use cannabis processing organization or processor means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
Adult-use cannabis transporting organization or transporter means an organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
Agriculture means land or land and structures, the principal uses of which are the growing of farm or truck garden crops and one or more of the following: dairying, pasturage, horticulture, floriculture, viticulture, and animal and poultry husbandry, and accessory uses customarily incidental to agricultural activities, including farm dwellings.
Airport, heliport means any area of land or water which is used or intended for the landing and taking off of aircraft, together with all structures, tie downs, storage, and parking located thereon.
Aisle means a vehicular trafficway within an off-street parking area, used as a means of access/egress from parking spaces.
Alley means a right-of-way that gives a secondary means of vehicular access abutting properties whose principal frontage is on a street.
Alteration means a change in size, shape, occupancy, or use of a structure.
Amendment means a change in the provisions of this title (including those portions incorporated by reference) properly effected in accordance with state law and the procedures set forth herein.
Animal/veterinary hospital means a structure or portion thereof designed or used for the care, observation, or treatment of domestic animals, birds, etc.
Apartment means a room or suite of rooms in a multiple-family structure which is arranged, designed, used, or intended to be used as a single housekeeping unit. Complete kitchen, bath, and toilet facilities permanently installed must always be included for each apartment.
Attached means as applied to buildings, "attached" means having a common wall and/or common roof.
Automobile and trailer sales lot means a lot arranged, designed, or used for the storage and display for sale of any motor vehicle, including trucks, or any type of trailer, provided the trailer is unoccupied, and where repair work as an accessory use is done to automobiles or trailers, principal use served.
Automobile gasoline station means a place where gasoline or any other vehicular engine fuel, kerosene, or motor oil and lubricants or grease (for operation of motor vehicles) are retailed directly to the public on the premises, including minor accessories. Servicing of vehicles cannot be performed on the premises.
Automobile service station means a place where gasoline stored only in underground tanks, diesel fuel, kerosene, or motor oil and lubricants or grease (for operation of motor vehicles) are retailed directly to the public on the premises, including the sale of minor accessories and the servicing of and minor repair of automobiles. An automobile service station may include facilities for washing vehicles and the making of minor automotive repairs. Automobile service stations shall not include sale or storage of automobiles, trucks, trailers, trailer sales, or rental (new or used).
Automotive repair, major means engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers, collision service, including body, frame, or fender straightening and repair, overall painting and undercoating of vehicles.
Automotive repair, minor means incidental repairs, replacement of parts, and motor service to automobiles, but not automobile repair; including any operation specified under the definition of automotive repair, major.
Awning means a roof-like cover extending over or in front of a place (as over the deck or in front of a door or window) as a shelter.
Backup (emergency) generator means permanently installed equipment for producing electricity in the event the normal power supply is interrupted. The equipment will be run periodically, per manufacturer's requirements to ensure readiness, and when needed due to power failure.
Boarding house means a building other than a hotel or restaurant where meals are provided for compensation to three or more persons who are not members of the keeper's family.
Building means any structure designed or built for the support, enclosure, shelter or protection of persons, animals, or property of any kind.
Building, detached means a building surrounded by open space on the same zoning lot.
Building height means the vertical distance from grade to the highest point of the coping of a flat roof, 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, spires, elevator penthouses, cooling towers, and similar projections other than signs, shall not be included in calculating building height.
Building, principal means a non-accessory building in which the principal use of the zoning lot on which it is located is conducted.
Building setback line means 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, regulated by the setback: requirements established herein.
Business means an occupation, employment, or enterprise where merchandise is exhibited or sold, or which occupies time, attention, labor, and materials, or where services are offered for compensation.
Car wash means a building or portion thereof where automobiles are washed using automatic or hand operated mechanical devices.
Clinic, medical or dental, means an establishment of three or more physicians or dentists, or both, who have their offices in a common building. A clinic shall not include inpatient care.
Club or lodge, private means a nonprofit organization of persons who are bona fide members paying annual dues, which owns, hires, or leases a building or portion thereof, the use of such premises being restricted to members and their guests.
Condominium means a single dwelling unit in a multi-unit dwelling or structure, that is separately owned and may be combined with an undivided interest in the common areas and facilities of the property.
Cultivation center has the meaning set forth in section 10 of the Illinois Compassionate Use of Medical Cannabis Pilot Program Act, 410 ILCS 130/10, as may be amended.
Daycare home means the accessory use of a dwelling unit licensed by the state as a daycare home and/or night care home in accordance with the Illinois Department of Children and Family Services licensing standards for day and night care homes, or the accessory use of a dwelling unit for the care of no more than three children other than the resident family's natural, adopted or foster children.
Daycare or childcare center means a childcare facility which regularly provides childcare services for profit for less than 24 hours per day for:
1.
More than eight children in a family home; or
2.
More than three children in a facility, other than a family home, which complies with all licensing requirements of the department of children and family services (as defined in the Illinois Compiled Statutes).
Drive-through establishment (drive-in or drive-up) means an establishment or part thereof in which are provided facilities where serving or consuming commodities or both are intended to occur in patron's automobiles parked on the premises, or where commodities are purchased by customers waiting in automobiles for consumption off the premises.
Dwelling means a building or portion thereof designed or used exclusively for residential purposes including single-family, two-family, and multiple-family dwellings, but not including mobile homes or other trailers and lodging rooms in hotels, motels, or lodging houses.
Dwelling, detached means a dwelling surrounded on all sides by open spaces on the same lot.
Dwelling, multiple-family means a dwelling containing three or more dwelling units including apartments (rental units) and condominiums (individual ownership of units).
Dwelling, multiple single-family (townhouse) means a dwelling joined to three or more dwellings by party walls, or vertical cavity walls, and aboveground physically unifying horizontal structural elements.
Dwelling, single-family means a dwelling containing one dwelling unit only.
Dwelling, two-family (duplex) means two dwelling units joined together above grade. Both dwelling units to be located above ground level.
Dwelling unit means one or more rooms arranged, designed, or used as living quarters for one family only. Individual bathrooms and complete single-family facilities, permanently installed to serve the entire family, shall always be included within each dwelling unit.
Efficiency unit means a dwelling unit consisting of one principal room, exclusive of bathroom, kitchen, hallway, closets, or dining alcove directly off the principal room.
Enlarge means to increase the size (floor area, height, etc.) of an existing principal structure or accessory structure or use, or to devote more land to an existing use.
Facade means the face or wall of a building as it is viewed from streets, driveways, and parking lots.
Family means one person or two or more persons each related to the other by blood, marriage, or legal adoption (together with their domestic servants), or a group of not more than four persons not so related, maintaining a common household in a dwelling unit. A family may include, in addition thereto, not more than two roomers, boarders, or permanent guests, whether gratuitous or not.
Fence means a structure used as a boundary, a screen, a means of containing persons or animals, a means of protection or for landscaping aesthetics and which is constructed of wood or metal parts and wood or metal fencing materials or of other similar materials.
Floodplain means land areas subject to flooding.
Floor area (for determining floor area ratio) means the sum of the gross horizontal area of the several floors, including also the basement floor of a building, measured from the exterior faces of the exterior walls, or from the centerlines of walls separating two buildings or units. The "floor area" shall also include the horizontal areas on each floor devoted to:
1.
Elevator shafts and stairwells;
2.
Mechanical equipment, except if located on the roof, when either open or enclosed, i.e., bulkheads, water tanks, and cooling towers;
3.
Habitable attic space as permitted by the building code of this municipality;
4.
Interior balconies and mezzanines;
5.
Enclosed porches; and
6.
Accessory uses.
The "floor area" of structures used for bulk storage of materials, i.e., grain elevators and petroleum tanks, shall also be included in the "floor area" and such "floor area" shall be determined on the basis of the height of such structures with one floor for each ten feet of structure height and if such structures measure less than ten feet but not less than five feet over such floor height intervals, it shall be construed to have an additional floor. The horizontal area in each floor of a building devoted to off-street parking and off-street loading facilities and the horizontal area of a cellar floor shall not be included in the "floor area."
Floor area (for determining off-street parking and off-street loading requirements) means floor area when prescribed as the basis of measure for off-street parking spaces and off-street loading spaces for a use shall be the sum of the gross horizontal area of the several floors of the building, excluding the horizontal areas of basement and cellar floors that are devoted exclusively to areas accessory to the operation of the entire building. All horizontal dimensions shall be taken from the exterior of the walls.
Floor area ratio means the numeral value obtained by dividing the floor area within a building or buildings on a lot by the area of such lot. The floor area ratio requirements as designated for each district when multiplied by the lot area in square feet shall determine the maximum permissible floor area for the building or buildings on the lot.
Garage, private means an accessory building designed and used for the storage of motor vehicles owned and used by the occupants of the principal building, and in which no occupation or business for profit is carried on the lot. Only one of the motor vehicles may be a commercial vehicle that does not exceed one and one-fourth tons in capacity.
Garage, storage means a commercial building or portion thereof designed or used exclusively for storage of motor vehicles and in which motor fuels and oils are not sold, except as herein regulated, and motor vehicles are not equipped, repaired, hired, or sold.
Grade means the average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.
Gross density means the ratio between total number of dwelling units on a site and total site area in acres.
Home occupation means in all residential districts, a gainful occupation or profession conducted entirely within the dwelling by a family member residing in the dwelling and when such occupation or profession is incidental and secondary to the use of the dwelling for dwelling purposes.
Hotel, motel, inn, or auto court means an establishment containing lodging accommodations designed for use by transients, travelers, or temporary guests. Facilities provided may include a kitchen, maid service, laundering of linen used on the premises, telephone and secretarial or desk service, meeting rooms, restaurants, cocktail lounges, and other ancillary uses customarily incidental to such use.
Kennel means any lot or premises or portion thereof on which more than five dogs, cats, or other household domestic animals over six months of age are kept for sale, or on which more than two such animals are boarded for compensation.
Loitering means the act of remaining in a public place for a period of time without any specific reason.
Lot means a parcel of land that, at the time of building permit application, is designated by the owner or developer as the tract all of which is to be developed and used as one parcel under single ownership. A "lot" may consist of a single lot of record or a combination of contiguous lots of record. A lot shall have frontage on a public street or on an approved private street.
Lot area coverage means the part of the percent of the lot occupied by buildings or structures, including accessory buildings or structures.
Lot area, gross means the area of a horizontal plane bounded by the front, side, and rear lot lines, but not including any area occupied by the water of a duly recorded lake or river.
Lot, corner means a lot of which at least two adjacent sides abut for a majority of their full-length upon streets, provided that the interior angle at the intersection of such two sides is less than 135 degrees. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangents to the curve at its point of beginning within the lot or at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135 degrees. The point of intersection of the street lot lines is the corner. In the case of a corner lot with a curved street line, the corner shall be that point on the street lot line nearest to the point of intersection of the tangents above described.
Lot depth means the average horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundaries.
Lot, interior means a lot other than a corner or reversed corner lot.
Lot line, front means the boundary of a lot abutting an existing or dedicated public street, or where no public street exists, is along a public way. The lot line with the shortest dimension shall be considered the front lot line. If the front lot lines are equal, the owner of a corner lot may select either street lot line as the front lot line.
Lot line, rear means the boundary of a lot that is most distant from, and is, or is most nearly, parallel to the front lot line and in case of an irregular lot, a line ten feet in length, within the lot, which is parallel to and at a maximum distance from the front lot line.
Lot line, side means any boundary of a lot that is not a front lot line or a rear lot line.
Lot lines means the property lines bounding a lot.
Lot of record means an area of land designated as a lot on a plat of subdivision recorded or registered, pursuant to statute.
Lot, reversed corner means a corner lot, the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.
Lot, through means a lot having a pair of approximately parallel lot lines that abut two approximately parallel streets. On a "through lot" both street lines shall be deemed front lot lines.
Lot width means the minimum horizontal distance between the side lot lines of a lot measured at the front building setback line.
Medical cannabis dispensing organization means has the meaning set forth in section 10 of the Illinois Compassionate Use of Medical Cannabis Pilot Program Act, 410 ILCS 130/10, as may be amended.
Mobile home means a trailer designated and constructed for dwelling purposes that contains cooking, sanitary, and electrical facilities, and has a gross area of 300 square feet or more, and which conforms to ICC code requirements for residential uses.
Nonconforming building or structure means any building or structure lawfully established that:
1.
Does not comply with all the regulations of this title or any amendment hereto governing bulk or height requirements of the district in which the building or structure is located;
2.
Is located on a lot that does not comply with the applicable lot or yard requirements; or
3.
Is designed or intended for a nonconforming use.
Nonconforming lot means a lot whose width, area, or other dimension did not conform to the regulations when this Code became effective.
Nonconforming use means any building or structure and the use thereof, or the use of and that does not conform with the regulations of this title or any amendment hereto governing use in the district in which it is located but conformed with all of the codes, ordinances and other legal requirements applicable at the time such building or structure was erected, enlarged, or altered, and the use thereof or the use of land was established.
Nursery means a tract of land on which trees, shrubs, and other plants are raised for transplanting and sale and includes any structure in which said activities are conducted.
Nursery school (includes preschool) means a facility for the education of five or more children of pre-elementary school age.
Nursing home means a licensed public or private home or institution which provides maintenance, personal care, and nursing for three or more persons who by reason of physical illness or infirmity are incapable of maintaining a private, independent residence.
Office means any building or portion thereof in which business (usually clerical and administrative affairs) of a commercial/service enterprise or professional person is transacted.
Parking area/lot, off-street means 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.
Performance standard means a criteria established to control smoke and particulate matter, noise, odor, toxic or noxious matter, vibration, fire, and explosion hazards generated by or inherent in uses of land or buildings.
Permitted use means any use which is or may be lawfully established in a particular district(s), provided it conforms with all the requirements applicable to the district(s).
Person means any individual, firm, association, organization, or corporate body.
Planned unit development (PUD) means a special use of a tract of land that contains or will contain two or more principal buildings, developed under single ownership or control; the development of which is unique and of a substantially different character than that of surrounding areas. A planned unit development allows for flexibility not available under normal zoning district requirements.
Planning and zoning code official means the Village of Maple Park building code official is also the planning and zoning code official with respect to the administration and enforcement of this title.
Plot means 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.
Public place means any place where a person could reasonably be expected to be observed by others, including all parts of buildings owned in whole or in part, or leased, by the state or a unit of local government, but does not include a private residence unless the private residence is used to provide licensed child care, foster care, or other similar social service care on the premises.
Residence, principal means the dwelling unit used by the resident(s) thereof as his and/or her primary residence for sleeping hours and the dwelling unit used by the resident(s) thereof for voter's registration and personal income tax returns and as his or her personal credit cards, post office residence, automobile registration, and other purposes.
Setback means the minimum required distance between the property line and the building line.
Sign means any structure, vehicle, device, or any part thereof, which shall be used to identify, advertise, or attract attention to any object, product, place, activity, person, institution, organization, firm, group, commodity, profession, enterprise, industry, or business and which shall display or is intended to display or include any letter, word, model, number, banner, flag, pennant, insignia, device or representation used as announcement, direction, or advertisement, and which is intended to be seen by persons in the public right-of-way. The definition of "sign" shall not, however, be interpreted as prohibiting any structure, vehicle, device or any part thereof used for the purpose of disseminating political, economic, social or philosophical ideas entitled to constitutional protection as noncommercial speech. In any instance where this Code shall be interpreted as permitting the utilization of a sign to express such noncommercial speech said sign shall be subject to such other limitation as are included in this Code.
Story means that portion of a building, included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused underfloor space is more than six feet (1,829 mm) above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet (3,658 mm) above grade as defined herein at any point, such usable or unused underfloor space shall be considered as a story.
Street means a public or private right-of-way which affords a primary means of vehicular access to abutting property, whether designated as a street, avenue, highway, road, boulevard, lane, throughway, or however otherwise designated, but does not include driveways to buildings.
Trailer means a vehicle with or without motive power used or adaptable for living, sleeping, business, recreational or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses, or skirting, which does not meet the building code requirements, and has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place. The term "trailer" includes "camper" and "motor home". A permanent foundation shall not change its character nor shall the erecting of additions to said trailer, unless the trailer and any additions conform to all municipal laws.
Use means the activity occurring on a lot for which land or a building is arranged, designed, or intended, or for which land or a building is or may be occupied, including all accessory uses.
Use, nonconforming means a use that lawfully occupied a building or land at the time this Code became effective, that has been lawfully continued, and that does not now conform with the use regulation.
Use, special means a use that has operational, physical, and other characteristics that may be different from those of the permitted uses in a district, which is a use that upon compliance with special standards is compatible with the intended overall development within a district.
Use, temporary means a use authorized by this title to be conducted for 30 days or less, and/or intermittent periods of time.
Yard means an open space on a lot, other than a court, which is unobstructed from the ground upward by buildings or structures, except as otherwise provided in this title.
Yard, corner side means a side yard adjoining a public street.
Yard, front means an open area extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto.
Yard, interior side means a side yard adjoining another lot or an alley separating such side yard from another lot.
Yard, rear means an open, unoccupied space on the same lot with the building, extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto.
Yard, side means an open, unoccupied space on the same lot with the building and between the building line and the side lot line.
Yard, transitional means that yard which must be provided on a lot in a business district that adjoins a lot in a residential district, or that yard which must be provided on a lot in an industrial district adjoining a lot in either a residential or business district.
Zoning lot means a single tract of land located within a single block which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed, built upon as a unit, under single ownership or control. Therefore, a zoning lot may or may not coincide with a lot of record.
(Ord. 2014-13, 7-1-2014; amd. Ord. 2015-11, 5-5-2015; Ord. 2020-19, 10-7-2020; Ord. 2021-15, 11-9-2021)