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Marissa City Zoning Code

GENERAL PROVISIONS

§ 154.001 TITLE.

   This chapter shall be known as and cited as the “Zoning Code of the Village of Marissa, Illinois.”
(Prior Code, § 40-1-1)

§ 154.002 PURPOSE.

   In accordance with state law, this chapter regulates lots, structures, and uses in order to preserve, protect, and promote the public health, safety, and welfare. More specifically, this Zoning Code is intended to assist in achieving the following objectives:
   (A)   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;
   (B)   To assist in implementing the Village Community Plan;
   (C)   To protect and enhance the character and stability of sound existing residential, commercial, and industrial areas, and to gradually eliminate nonconforming uses and structures;
   (D)   To conserve and increase the value of taxable property throughout the village;
   (E)   To ensure the provision of adequate lights, air, and privacy for the occupants of all buildings;
   (F)   To protect persons and property from damage caused by fire, flooding, and improper sewage disposal;
   (G)   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;
   (H)   To ensure the proper design and improvement of mobile home parks; and
   (I)   To promote the use of signs which are safe, aesthetically pleasing, compatible with their surroundings, and legible in the circumstances in which they are seen; and to provide for the efficient administration and fair enforcement of all the substantive regulations in this chapter.
(Prior Code, § 40-1-2)
Statutory reference:
   Related provisions, see 65ILCS 5/11-13-1

§ 154.003 JURISDICTION.

   The Zoning Code shall be applicable only within the corporate limits of the village and one and one-half miles outside of the village limits.
(Prior Code, § 40-1-3)

§ 154.004 INTERPRETATION, CONFLICT WITH OTHER ORDINANCES.

   Every provision of this chapter shall be construed liberally in favor of the village and every requirement imposed herein shall be deemed minimal. Whenever the requirements of this chapter differ from the requirements of any other lawfully adopted and effective ordinance, regulation, deed restriction, or covenant, the more stringent requirement shall prevail.
(Prior Code, § 40-1-4)

§ 154.005 DISCLAIMER OF LIABILITY.

   (A)   Except as may be provided otherwise by statute or ordinance, no official, board member, agent, or employee of the village shall render himself or herself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his or her duties under this chapter.
   (B)   Any suit brought against any official, board member, agent, or employee of the village as a result of any act required or permitted in the discharge of his or her duties under this chapter shall be defended by the Village Attorney until the final determination of the legal proceedings.
(Prior Code, § 40-1-5)
Statutory reference:
   Local Governmental and Governmental Employees Tort Immunity Act, see 745 ILCS 10/1-101

§ 154.006 REVIEW.

   This chapter shall be reviewed every five years after its effective date by the Zoning Board of Appeals. After the review, they shall file their reports and recommendations with the Mayor and the Board of Trustees.
(Prior Code, § 40-1-7)

§ 154.007 CONSTRUCTION OF TERMS; DEFINITIONS.

   (A)   In construing the intended meaning of terminology used in this chapter, the following rules shall be observed:
      (1)   Words and phrases shall have the meanings respectively ascribed to them in division (B) below unless the context clearly indicates otherwise; terms not defined in division (B) below shall have their standard English dictionary meanings;
      (2)   Words denoting the masculine gender shall be deemed to include the feminine and neuter genders;
      (3)   Words used in the present tense shall include the future tense;
      (4)   Words used in the singular number shall include the plural number, and the plural shall include the singular;
      (5)   The term “shall” is mandatory; the term “may” is discretionary;
      (6)   All distances shall be measured to the nearest integral foot; six inches or more shall be deemed one foot;
      (7)   References to sections shall be deemed to include all sections within that section; but a reference to a particular section designates only that section; and
      (8)   A general term that follows or is followed by enumerations of specific terms shall not be limited to the enumerated class unless expressly limited;.
(Prior Code, § 40-2-1)
   (B)   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ABUTTING. Having a common lot line or district line; synonym for ADJACENT or ADJOINING.
      ACCESS WAY. A curb cut, ramp, driveway, or other means for providing vehicular access to an off-street parking or loading area.
      ACCESSORY. As applies to a building, structure, or use, one which is on the same lot with incidental to and subordinate to the main or principal structure or use and which is used to purposes customarily incidental to the main or principle structure, or the main or principal use.
      ADMINISTRATOR. The official appointed by the Mayor, with the advice and consent of the Board of Trustees, or his or her representative to administer this chapter; synonymous with ZONING ADMINISTRATOR or ZONING OFFICER.
      AGRICULTURE. Any one or any combination of the following: the growing of farm or truck garden crops; dairying; pasturage; horticulture; floriculture; or animal/poultry husbandry. The term AGRICULTURE encompasses the farmhouse and accessory uses and structures customarily incidental to agricultural activities.
      AISLE. A vehicular traffic-way within an off-street parking area, used as a means of access/egress from parking spaces.
      ALLEY. A public right-of-way which affords a secondary means of vehicular access to abutting premises that front on a nearby street.
      ALTER. To change the size, shape, or use of a structure, or the moving from one location to another.
      AMENDMENT. A change in the provisions of this chapter (including the District Map), properly effected in accordance with state law and the procedures set forth herein.
      ANCHOR. Any approved device to which a mobile home is tied down to keep it firmly attached to the stand on which it is placed.
      APARTMENT. One or more rooms in an apartment building or combination apartment and commercial building, arranged, intended, designed, or occupied as a dwelling unit of a single family, an individual, or a group of individuals.
      APARTMENT HOTEL. A multiple-family dwelling which furnishes for its tenants services customarily provided by hotels for three days or less, but which does not furnish such services to the transient public.
      ATTACHED. As applied to buildings, having a common wall and/or a common roof.
      BASEMENT. A story having more than one-half of its height below the average level of the adjoining ground.
      BED AND BREAKFAST. An operator-occupied residence providing accommodations for a charge to the public with no more than five guest rooms for rent, in operation for more than ten nights in a 12-month period. Breakfast and light snacks/refreshments may be provided to the guests only. BED AND BREAKFAST establishments shall not include motels, hotels, boarding houses, or food service establishments.
      BILLBOARD. Any single-faced or double-faced sign displaying messages or advertising not associated with the premises on which the sign is located or to which it is affixed.
      BITUMINOUS CONCRETE. A mixture of petroleum by-products and gravel used for paving to form a smooth, permanent surface. It does not mean “oil and chip.”
      BLOCK. An area of land entirely bounded by streets, highways, barriers, or ways (except alleys, pedestrian ways, or exterior boundaries of a subdivision, unless the exterior boundary is a street, highway, or way), or bounded by a combination of streets, public parks, cemeteries, railroad rights-of-way, waterways, or corporate boundary lines.
      BOARD OF APPEALS. The Zoning Board of Appeals of the village.
      BOARDING HOUSE. A building other than a hotel or restaurant where meals are provided for compensation to three or more persons, but not more than ten who are not members of the keeper’s family, but not open on a daily, overnight, or per meal basis to transient guests.
      BUFFER STRIP. An area of land undeveloped except for landscaping fences and the like, used to protect a use situated on one lot from the deleterious effects of the use on the adjacent lot.
      BUILDING. Any covered structure permanently affixed to land and designed or used to shelter persons or chattels.
      BUILDING INTEGRATED PHOTOVOLTAIC SYSTEMS. A solar energy system that consists of integrating photovoltaic modules into the building structure as the roof or facade and which does not alter the relief of the roof.
      BUILDING OR STRUCTURE HEIGHT. The vertical distance measured from the average grade at the front wall of a building to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip, or gambrel roofs.
      BUILDING LINE. The line nearest the front of and across a lot, delineating the minimum open space required between the front of a structure and the street right-of-way line.
      BULK. Any one or any combination of the following structural or site design characteristics:
         (a)   Size or height of structure;
         (b)   Location of exterior walls at all levels in relation to lot lines, streets, or other structures;
         (c)   Lot area; and/or
         (d)   Yards or setbacks.
      CAMPING TRAILER. A trailer, not used commercially, constructed with partial side walls which fold for towing and unfold to provide temporary living quarters for recreational camping or travel use and of a size or weight not requiring an over-dimension permit when towed on a highway.
(625 ILCS 5/1-109.01)
      CAMPING TRAILER PARK. A lot developed with facilities for accommodating temporarily occupied camping trailers and licensed by the state and inspected by the County Health Department.
      CENTERLINE. Includes:
         (a)   The centerline of any right-of-way having a uniform width;
         (b)   The original centerline where a right-of-way has been widened irregularly; and
         (c)   The new centerline, whenever a road has been relocated.
      CERTIFICATE OF ZONING COMPLIANCE, FINAL. A permit issued by the Administrator indicating that a newly completed structure complies with all pertinent requirements of this chapter and may, therefore, be occupied or used. The Building Code compliance certificate is a separate requirement.
      CERTIFICATE OF ZONING COMPLIANCE, INITIAL. A permit issued by the Administrator indicating a proposed lot, structure, or use is in conformity with the requirements of this chapter.
      CHURCH or BUILDING FOR RELIGIOUS WORSHIP. A building used by a corporate religious institution that people regularly attend to participate in religious services, meetings and other customary, integrally related religious activities. The term CHURCH shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held.
      CLINIC. An establishment where licensed physicians or dentists practice medicine or dentistry, but where overnight lodging for sick or injured persons is not provided.
      CLUB or LODGE. A non-profit association of persons who are bona fide members organized for some purpose(s) and paying regular dues and whose facilities are restricted to members and their guests; not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
      COLLECTIVE SOLAR. Solar installations owned collectively through subdivision homeowner associations, college student group, or other similar arrangements.
      COMMERCIAL/LARGE SCALE SOLAR FARM. A utility scale commercial facility that converts sunlight to electricity, whether by photovoltaics, concentrating solar thermal devices, or various experimental technologies for onsite or offsite use with the primary purpose of selling wholesale or retail generated electricity.
      COMMERCIAL USE/ESTABLISHMENT. Any use or establishment wherein goods are purchased or sold, whether to the consuming public (retail) or to other businesses (wholesale).
      COMMUNITY RESIDENCE.
         (a)   A group home or specialized residential care home serving unrelated persons with handicaps which is licensed, certified, or accredited by appropriate local, state, or national bodies.
         (b)    COMMUNITY RESIDENCE does not include a residence which serves persons as an alternative to incarceration for a criminal offense, or persons whose primary reason for placement is substance or alcohol abuse or for treatment of communicable disease.
      COMMUNITY SOLAR GARDEN. A community solar-electric (photovoltaic) array, of no more than five acres 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.
      CONFORMING. In compliance with the applicable provisions of this chapter.
      CONVENIENCE/GASOLINE SERVICE STATION. A building or premises or portion thereof used for retail sales of gasoline, oil, and accessories of motor vehicles, and general convenience service goods to include the retail sale of alcoholic beverages, not for consumption on the premises where it is sold.
      CORRECTIVE ACTION ORDER. A legally binding order issued by the Administrator in accordance with the procedures, set forth herein to effect compliance with this chapter.
      DAYCARE CENTER. An establishment for the part-time care and/or instruction at any time of day of four or more unrelated children of pre-elementary or elementary school age.
      DECK. An open porch which has no roof, is generally open on the sides, is above ground level, and its intended use is for leisure enjoyment.
      DETACHED. As applied to buildings, means surrounded by yards on the same lot as the building.
      DEVELOP. To erect any structure or to install any improvements on a tract of land or to undertake any activity (such as grading) in preparation therefor.
      DIMENSIONS. Refers to both lot depth and lot width.
      DISTRICT, ZONING. A portion of the territory of the village wherein certain uniform requirements or various combinations thereof apply to structures, lots, and uses under the terms of this chapter.
      DRIVEWAY. A minor way commonly providing vehicular access to a garage or off-street parking area.
      DRIVE-IN RESTAURANT. An establishment principally used for the sale of fast order food. “Fast order food” means food that is:
         (a)   Primarily intended for immediate consumption;
         (b)   Available after a short waiting time; and
         (c)   Packaged or presented in such a manner that it can be readily eaten outside the premises where it is sold.
      DWELLING. A building or portion thereof designed or used primarily as living quarters for one or more families, but not including hotels, motels, or other accommodations for the transient public.
         (a)   DWELLING, MULTIPLE-FAMILY. A building or portion thereof containing three or more dwelling units.
         (b)   DWELLING, SINGLE-FAMILY. A dwelling containing one dwelling unit and intended for the occupancy of one family.
         (c)   DWELLING, TWO-FAMILY. A dwelling containing two dwelling units.
      DWELLING UNIT. Two or more rooms designed or used as living quarters by one family. A DWELLING UNIT always includes a bathroom and a kitchen.
      EASEMENT. A right to use another person’s real property for certain limited purposes.
      EDUCATIONAL INSTITUTION. A public, parochial, charitable, or non-profit junior college, college, or university, other than trade or business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants, and other incidental facilities for students, teachers, and employees.
      ENCLOSED. As applied to a building, means covered by a permanent roof and separated on all sides from adjacent open space or other buildings by fixed exterior walls or by common walls, with openings only for windows and doors.
      ENLARGE. To increase the size (floor area, height, and the like) of an existing principal structure or accessory use, or to devote more land to an existing use.
      ERECT. To build or construct.
      ESSENTIAL GOVERNMENTAL OR PUBLIC UTILITY SERVICES. The erection, construction, alteration, or maintenance by public utilities or municipal departments, or underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply or disposal system, including poles, wires, mains, drains, sewers, pipes, conduits, cables, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or the furnishing of adequate service by such public utilities or municipal departments or commissions or for the public health or safety or general welfare, but not including buildings.
      ESTABLISHMENT. Either of the following:
         (a)   An institutional, business, commercial, or industrial activity that is the sole occupant of one or more buildings; or
         (b)   An institutional, business, commercial, or industrial activity that occupies a portion of a building such that:
            1.   The activity is a logical and separate entity from the other activities with the building and not a department of the whole; and
            2.   The activity has either a separate entrance from the exterior of the building or a separate entrance from a common and clearly defined entry way that has direct access to the exterior of the building.
      EXISTING. Actually constructed or in operation on the effective date of this chapter.
      FAMILY. Includes:
         (a)   A single individual doing his or her own cooking and living upon the premises as a separate dwelling or housekeeping unit;
         (b)   A collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage, adoption, or employment as domestic servants; or
         (c)   A group of not more than three unrelated persons doing their own cooking and living together on the premises as a separate housekeeping unit pursuant to a mutual housekeeping agreement (not including a group occupying a boarding or rooming house, club, fraternity, or hotel).
      FARMHOUSE. A detached dwelling on a tract of land of not less than ten acres, and occupied by a family whose income is primarily derived from agricultural activities conducted on the premises.
      FLOOR AREA, GROSS. The sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the exterior walls or from the center of the common walls of attached buildings. GROSS FLOOR AREA includes basement floors; attic floor space, halls, closets, stairwells, space devoted to mechanical equipment, and enclosed porches.
      FREIGHT TERMINAL. As applied to motor carriers subject to 625 ILCS 18c-1101 et seq., a station for commercial motor vehicles wherein said motor trucks are stored, repaired, or parked.
      FRONTAGE. The lineal extent of the front (street side) of a lot or establishment.
      GARAGE, PRIVATE. A garage for four or less passenger motor vehicles without provision for repairing or servicing such vehicle(s) for-profit.
      GREENHOUSE. See the definition of NURSERY.
      GROUND-MOUNT SOLAR ENERGY SYSTEM. A solar energy system that is directly installed into the ground and is not attached or affixed to an existing structure.
      GROUP HOME. See the definition of COMMUNITY RESIDENCE.
      HEREAFTER. Any time after the effective date of this chapter.
      HOME OCCUPATION. Any business, profession, or occupation conducted for gain entirely within a dwelling or on residential premises in conformity with the provisions of this chapter.
      IMMOBILIZE. As applied to a mobile home, to remove the wheels, tongue, and hitch and place on a permanent foundation as required by state statutes.
      INTERSECTION. The point at which two or more public rights-of-way (generally, streets) meet.
      JUNK YARD. A tract of land, including any accessory structures thereon, that is used for buying, selling, exchanging, storing, baling, packing, disassembling, or handling waste or scrap materials. Such scrap materials include vehicles, machinery, and equipment not in operable condition (or parts thereof), and metals, glass, paper, plastic, rags, and rubber tires. A rebuttable presumption as to the existence of a JUNK YARD shall arise with regard to any lot upon which three or more inoperable vehicles are located. An inoperable vehicle, for purposes of this provision, shall be defined by the Motor Vehicle Code contained in Title VII of this code of ordinances. A JUNK YARD includes an automobile wrecking yard.
      KENNEL. Any structure or premises or portion thereof on which more than three dogs, cats, or other household domestic animals, over four months of age, are kept or on which more than two such animals are maintained, boarded, bred, or cared for in return for remuneration or are kept for the purpose of sale.
      LANDSCAPE FENCE. A non-obstructive fence, no greater than four feet in height, of approved design and materials. Picket, split-rail, and wrought iron fences are acceptable within this definition. Examples of unacceptable FENCE types include privacy, chain link, and welded wire.
      LOADING SPACED. An off-street space or berth on the same lot with a building, or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley, or other appropriate means of access.
      LOT. A tract of land intended as a unit for the purpose (whether immediate or future) of transfer of ownership or development. A LOT may or may not coincide with a lot of record.
         (a)   LOT, CORNER. A lot having at least two adjacent sides that abut for their full length upon streets. Both such side lines shall be deemed front lot lines.
         (b)   LOT, THROUGH. A lot having a pair of approximately parallel lot lines that abut two approximately parallel streets. Both such lot lines shall be deemed front lot lines.
      LOT AREA. The area of a horizontal plane bounded by the front, side, and rear lines of a lot. Application of the minimum lot width and minimum lot depth shall not be construed to satisfy minimum lot size.
      LOT COVERAGE. The portion of a lot that is occupied by buildings or structures, including accessory buildings or structures.
      LOT DEPTH. The average horizontal distance between the front lot line and the rear lot line of a lot.
      LOT LINE, FRONT. The lot line abutting the street right-of-way.
      LOT LINE, REAR. An interior lot line which is most distant from and most nearly parallel to the front lot line.
      LOT LINE, SIDE. Any lot line other than front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. (A SIDE LOT line separating a lot from another lot or lots is called an interior side lot line.)
      LOT OF RECORD. An area of land designated as a lot on a plat of subdivision recorded with the County Recorder of Deeds in accordance with state law.
      LOT SIZE REQUIREMENTS. The lot area, width, and depth requirements of the applicable district.
      LOT WIDTH. The mean horizontal width of a lot measured at right angles to the side lot lines (at the building line).
      MAINTENANCE. The routine upkeep of a structure, premises, or equipment including the replacement or modification of structural components to the extent necessary to keep said structure in sound condition.
      MARQUEE or CANOPY. A roof-like structure of a permanent nature which projects from the wall of a building and overhangs the public way.
      MANUFACTURED HOME.
         (a)   MANUFACTURED HOME DWELLING (HUD CODED). A structure designed for permanent habitation and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, or transported on flatbed or other trailers and/or the section(s) are built upon detachable running gears, such as undercarriages, springs, axles, wheels, and/or hitches designed to permit their removal or remain attached at the location it is to be installed, and such structure is transportable from its place of construction or fabrication to the location at which it is intended to be a permanent habitation and designed to permit the occupancy thereof as a dwelling place for one or more persons. This definition shall include, but not be limited to, a fabricated and transported building unit designed to be used by itself or to be incorporated or joined with similar units at a building site for the purpose of making a dwelling place. Such units shall bear a red metal label on the exterior of the home signifying compliance with the federal manufactured home construction and safety (HUD) standards and have a title as proof of ownership and shall be known as “manufactured homes-HUD approved.”
         (b)   MANUFACTURED HOME DWELLING. A structure designed to permit its transport
on its own wheels, containing complete kitchen and sanitary facilities, and used as a long-term dwelling by one family. A manufactured home is built on a permanent chassis that consists of the wheel assembly, undercarriage and towing hitch assembly. A manufactured home should not be confused with a camping trailer or a recreational vehicle. This structure does not meet state or federal manufactured home construction and safety (HUD) standards is not permitted in the village.
      MANUFACTURED HOME, DEPENDENT. A manufactured home which does not have a toilet and bath or shower facilities.
(210 ILCS 115/2.3)
      MANUFACTURED HOME, DOUBLE WIDE (HUD APPROVED/CODED). Consists of two manufactured homes units joined at the site into a single home, but kept on their separate chassis for repeated transportation to a site.
      MANUFACTURED HOME, IMMOBILIZED. Any manufactured home served by individual utilities, resting on a permanent perimeter foundation which extends below the established frost depth with the wheels, tongue, and hitch removed and the home secured in compliance with the Mobile Home Tie-Down Act, 210 ILCS 120/1 et seq., and is HUD approved.
         (a)   The foundation shall extend into the ground below the frost line so as to attach and become a part of the real estate. Materials such as concrete, mortared concrete block, or mortared brick extending into the ground below the frost line shall satisfy the requirement for a permanent foundation. As an alternative, piers may be used, extending into the ground below the frost line and sufficient in number to properly support the manufactured home.
         (b)   To complete the immobilization, wheels, tongue, and hitch must be removed. Axles may be removed.
      MANUFACTURED HOME, INDEPENDENT. A manufactured home which has self-contained toilet and bath or shower facilities.
(210 ILCS 115/2.4)
      MANUFACTURED HOME LOT. A parcel of land for the placement of a manufactured home and the exclusive use of its occupants.
      MANUFACTURED HOME MODULE. A factory-fabricated building unit transported to a building site, mounted on a permanent foundation supporting the outside perimeter walls, and is designed for residential use.
      MANUFACTURED HOME PAD. The part of an individual manufactured home space or lot beneath the manufactured home, including the concrete portion of the pad.
      MANUFACTURED HOME PARK. A tract of land of not less than two acres or two or more contiguous tracts of land upon which contain sites with the necessary utilities for two or more independent manufactured homes for permanent habitation either free of charge or for revenue purposes, and shall include any building, structure, vehicle, or enclosure used or intended for use as a part of the equipment of such MANUFACTURED HOME PARK. Separate ownership of contiguous tracts of land shall not preclude the tracts of land from common licensure as a manufactured home park if they are maintained and operated jointly. Neither an immobilized manufactured home nor a motorized recreational vehicle shall be construed as being a part of a MANUFACTURED HOME PARK.
(210 ILCS 115/2.5)
      MANUFACTURED HOME SALES AREA. A parcel of land used for the display, sale, and repair of new or used manufactured homes.
      MANUFACTURED HOME SITE. The lot on which the manufactured home is located for permanent habitation.
(See 210 ILCS 115/2.7)
      MANUFACTURED HOME SPACE. A portion of a manufactured home park designed and improved for the placement of one manufactured home and the private use of the occupants thereof.
      MANUFACTURED HOME STAND. The part of a manufactured home space beneath the manufactured home that includes the concrete slab on which the home is placed and to which it is anchored.
      MOBILE OR PORTABLE MARQUEE. Any sign designed to be moved from place to place, including, but not limited to, signs attached to wood or metal frames designed to be self-supporting and movable, or paper, cardboard, or canvas signs wrapped around supporting poles.
      MODULAR HOME. A factory-fabricated, single-family home built in one or more sections. The average width and/or length of the living area (excluding garages, carports, porches, or attachments) of a MODULAR HOME shall not exceed a ratio of three to one (3:1). All MODULAR HOMES shall be placed in a full perimeter permanent foundation, extending below the frost depth. All wheels and towing devices shall be removed. As with all residences, a MODULAR HOME must have a minimum 3/12-pitch roof with residential style siding and roofing, six-inch minimum eave overhang, and shall have a minimum living area of not less than 900 square feet. MODULAR HOMES shall meet either the National Manufactured Home Construction and Safety Standards (HUD Code, being 24 C.F.R. pt. 3280) or the International Building Code. All structures shall be placed on a permanent foundation in compliance with state law.
      MOTEL OR MOTOR HOTEL. A series of attached, semi-attached, or detached sleeping or living units for the accommodation of transient guests and not customarily including individual cooking or kitchen facilities; said units having convenient access to off-street parking spaces for the exclusive use of the guests or occupants.
      NET METERING. A billing arrangement that allows solar customers to get credit for excess electricity that they generate and deliver back to the grid, so that they only pay for their net electricity usage at the end of the month.
      NOISOME AND INJURIOUS SUBSTANCES, CONDITIONS AND OPERATIONS. Include:
         (a)   Creation of unreasonable physical hazard, by fire, explosion, radiation, or other
cause, to persons or property;
         (b)   Discharge of any liquid or solid waste into any stream or body of water or into any public or private disposal system or into the ground, so as to contaminate any water supply, including underground water supply;
         (c)   Maintenance or storage of any material either indoors or outdoors so as to cause or to facilitate the breeding of vermin;
         (d)   Emission of smoke, measured at the point of emission, which constitutes an unreasonable hazard to the health, safety, or welfare of any person(s);
         (e)   Fly ash or dust which can cause damage to the health of persons, animals, or plant life or to other forms of property, or excessive soil, measured at or beyond the property line of the premises on which the aforesaid fly ash or dust is created or caused;
         (f)   Creation or causation of an unreasonably offensive odors discernible at or beyond any property line of the premises on which the aforesaid odor is created or caused; and
         (g)   Creation or maintenance of any unreasonable reflection or direct glare, by any process, lighting or reflective material at or beyond any property line of the premises on which the reflective or direct glare is created or caused.
      NONCONFORMING. As applied to a lot, structure, or use:
         (a)   Lawfully existing on the effective date of this chapter; but
         (b)   Not in compliance with the applicable provisions thereof.
      NUISANCE. Any thing, condition, or conduct that endangers health or unreasonably offends the senses or obstructs the free use of property or essentially interferes with the comfortable enjoyment of life or property. (See Chapter 91.)
      NURSERY. A tract of land on which trees, shrubs, and other plants are raised for transplanting and/or sale, and including any structure in which said activities are conducted.
      NURSERY SCHOOL or DAY CARE CENTER. An establishment for the part-time care and/or instruction at any time of day of four or more unrelated children of pre-elementary or elementary school age.
      NURSING HOME. A building used as a medical care facility for persons who need nursing care and medical service, but do not require intensive hospital care.
      OFFICE. Any building or portion thereof in which the business (usually clerical and administrative affairs) of a commercial/service enterprise or professional person is transacted.
      OFFICIAL MAP. The portion of the master plan which designates land necessary for public facilities or uses. It shall include streets, alleys, public ways, parks, playgrounds, school sites, and other public grounds and ways for public service facilities within the whole area included within the Official Comprehensive Plan. It can be one or more separate geographical or functional parts or include all or any part of the contiguous, unincorporated area under the planning jurisdiction of the village.
      OVERLAY DISTRICT. A zoning district superimposed over one or more standard (primary) zoning districts or portions thereof for the purpose of controlling developmental problems caused by such factors as steep slopes, wet soils, flooding, and the like.
      PARKING AREA/LOT, OFF-STREET. Land that is improved in accordance with this chapter and used primarily for the storage of passenger motor vehicles, free of charge or for compensation. An OFF-STREET PARKING LOT, depending on the circumstances of its use, may be either a principal use or an accessory use.
      PARKING LOT, COMMERCIAL. Land that is improved in accordance with this chapter and shall be limited to automobiles and trucks one ton and under.
      PARKING SPACE, OFF-STREET. An area at least 20 feet long and ten feet wide within an off-street parking area or garage, used for the storage of one passenger motor vehicle.
      PERMANENT FOUNDATION. A foundation which extends into the ground below the frost line so as to attach and become a part of the real estate. Materials such as concrete, mortared concrete block, poured wall or mortared brick extending into the ground below the frost line shall satisfy the requirements for a permanent foundation. In addition, piers may be used, extending into the ground below the frost line, and sufficient in number to properly support the structure, provided the support beams are affixed to the permanent perimeter foundation.
      PERMANENT HABITATION. A period of two or more months.
(210 ILCS115/2.2)
      PERMITTED USE. Any use which is or may be lawfully established in a particular districts, provided it conforms with all the requirements applicable to such districts.
      PERSON. Any individual, firm, association, organization, or corporate body.
      PHOTOVOLTAIC SYSTEM. A solar energy system that produces electricity by the use of semiconductor devices called photovoltaic cells that generate electricity whenever light strikes them.
      PLANNED DEVELOPMENT. A development of land that is under unified control and is planned and developed as a whole in a single development operation of programmed series of development phases. PLANNED DEVELOPMENTS are subject to evaluation and approval by the Board of Trustees pursuant to the requirements of this chapter.
      PREFABRICATED HOUSING. A partially constructed factory fabricated building unit which will be substantially assembled onsite, utilizing premanufactured component parts. This term shall not be construed to include manufactured homes, immobilized manufactured homes, or modular homes.
      PREMISES. A lot and all the structures and uses thereon.
      PRINCIPAL BUILDING/STRUCTURE/USE. The main structure erected on or the main use occupying a lot, as distinguished from an accessory (subordinate) structure or use.
      PRIVATE STREET. Any street providing access to abutting property that is not maintained by and dedicated to a unit of government.
      PROFESSIONAL OFFICE. An office (other than a service office and other than an office for care and/or treatment of or medical attention to, animals as distinguished from persons) for the practice of professions, such as the offices of physicians, dentists, attorneys-at-law, architects, or engineers qualified to perform services of a professional nature, or the offices of a governmental agency; and where there is no storage, sale, or display of merchandise on the premises.
      PROPERTY LINE. See the definition of LOT LINE.
      PUBLIC BUILDINGS. Any building owned, operated, constructed, or maintained at the expense of the public or a building which provides a service or function necessary for the general health, welfare, and convenience of the public.
      PUBLIC OPEN SPACE. Any publicly-owned open area, including, but not limited to, the following: parks; playgrounds; forest preserves; beaches; waterways; parkways; and streets.
      PUBLIC UTILITIES. Utilities which are either government-owned or owned by an established firm serving a wide geographical area and/or a substantial number of persons.
      QUALIFIED SOLAR INSTALLER. A trained and qualified electrical professional who has the skills and knowledge related to the construction and operation of solar electrical equipment and installations and has received safety training on the hazards involved.
      QUICK SHOP. Any small retail commercial or service establishment offering goods/services primarily to the residents of a particular multi-family complex, mobile home park, or similar development. No liquor or gasoline shall be sold in this SHOP.
      RECONSTRUCT. As applied to nonconforming structures, to rebuild after damage or destruction.
      RECREATIONAL VEHICLE. A term encompassing any type of vehicle used primarily for pleasure, such as travel trailers, motor homes, boats, snowmobiles, and the like.
(625 ILCS 5/1-169)
      REFUSE. Garbage (food wastes) and trash, but not sewage or industrial wastes.
      RELOCATE. To move to another portion of a lot or to a different lot.
      REPAIR. To restore to sound condition, but not to reconstruct.
      RESIDENCE. A site-constructed building designed for use as a residence. The average width and/or length of the living area (excluding garages, carports, porches, or attachments) of a RESIDENCE shall not exceed a ratio of three to one (3:1). All residences shall be placed on a full perimeter foundation extending below the frost depth unless located in a special flood hazard area, and shall have a minimum three-twelfths-pitch roof. All residences shall have a minimum of 900 square feet of living area and shall be built in conformity with the International Building Code.
      RESTRICTIVE. Tending to keep within prescribed limits.
      RETAIL. The sale of goods or services directly to the consumer rather than to another business.
      RIGHT-OF-WAY, PUBLIC. A strip of land which the owner/subdivider has dedicated to the village or to another unit of government for streets and alleys.
      ROOF LINE. A horizontal line parallel to the average ground level of a building along the front thereof, which line delineates the highest point of a flat roof; or where the flat surface area of a gable, hip, mansard, or gambrel roof is in view from the ground level, the line of demarcation between the flat surface and the vertically structured facade; or the line along the front of a building delineating the roof line between eaves and ridge for gable, hip, and gambrel roofs.
      ROOF-MOUNT. A solar energy system in which solar panels are mounted on top of a building roof as either a flush-mounted system or as a modules fixed to frames which can be tilted toward the south at an optical angle.
      SANITARY LANDFILL. A tract of open land used for the permanent disposal of refuse in accordance with the requirements of the State Environmental Protection Agency.
      SATELLITE DISH. Any parabolic/dish-type apparatus, external to or attached to the exterior of a building or structure, capable of receiving, for the benefit of the principal use, television, or radio signals. SATELLITE DISHES are considered an accessory use.
      SCREENING. Trees, shrubs, walls, solid fences, and the like used as a means of view and noise control.
      SEMI-FINISHED MATERIALS. Materials which have been sufficiently processed at heavy industrial facilities so that they are no longer in their raw state, but are readily usable by light industry for assembly or manufacture into consumer goods.
      SERVICE BUILDING. A structure within a mobile home park or travel trailer park that contains toilet facilities, clothes washers, and dryers, and, in some instances, a convenience store.
      SERVICE STATION. A building and premises or portion thereof designed and used for the retail sale of gasoline or other automotive fuel, oil, and automotive parts, supplies, and accessories. A SERVICE STATION may include facilities for washing vehicles and for making minor automotive repairs.
      SERVICE USE/ESTABLISHMENT. Any use or establishment where services are provided for remuneration either to individuals or to other firms.
      SETBACK. The horizontal distance from the lot line in question to the side of the structure facing that lot line or to the edge of the area of operation of the principal use (in the case of a use which does not involve a structure).
      SEWAGE TREATMENT PLANT, PRIVATE. Any properly constructed disposal system intended for the treatment of wastewaters from more than one residence and/or building unit.
      SIGN. Any object, device, display, or structure or part thereof used to advertise, identify, display, or attract attention to a person, establishment, product, service, or event by any means including words, letters, figures, designs, symbols, fixtures, colors, illuminations, and the like. The term SIGN includes, but is not limited to, every projecting sign, freestanding sign, awning, canopy, marquee sign, changeable copy sign, illuminated sign, moving sign, temporary sign, portable sign, or other display, whether affixed to a building or erected elsewhere on the premises. The term SIGN excludes features of a building which are an integral part of the building’s design (e.g., the “castle-look” of a White Castle restaurant).
         (a)   SIGN, CANOPY/MARQUEE. Any sign affixed to, painted on, or suspended from an awning, canopy, marquee, or similar overhang.
         (b)   SIGN, FLUSH-MOUNTED. Any sign attached to or erected against a wall of a structure with the exposed face of the sign in a plane approximately parallel to the plane of the wall and not projecting more than 18 inches. A FLUSH-MOUNTED SIGN displays only messages associated with the building to which said sign is attached.
         (c)   SIGN, FREESTANDING. Any sign supported by one or more uprights, poles, or braces placed in or upon the ground; or any sign supported by any structure erected primarily for the display and support of the sign; provided that a FREESTANDING SIGN displays only messages associated with the structure to which it is attached.
         (d)   SIGN, PROJECTING. Any sign which is suspended from or supported by a wall, awning, canopy, marquee, and the like, and which is approximately perpendicular thereto. A PROJECTING SIGN displays only messages associated with the structure to which it is attached.
      SIGN AREA. The entire area within a single, continuous perimeter enclosing the extreme limits of the message and the background thereof, calculated in accordance with the provisions of this chapter.
      SIGN AREA ALLOWANCE. The maximum total sign area of all signs that an establishment is permitted to display.
      SKIRTING. The covering affixed to the bottom of the exterior walls of a manufactured home to conceal the underside thereof.
      SOLAR ACCESS. Unobstructed access to direct sunlight on a lot or building through the entire year, including access across adjacent parcel air rights, for the purpose of capturing direct sunlight to operate solar energy system.
      SOLAR COLLECTOR. A device, structure, or part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy.
      SOLAR ENERGY. Radiant energy received from the sun that can be collected in the form of heat or light by solar collector.
      SOLAR ENERGY SYSTEM (SES). The components and subsystems required to convert solar energy into electrical or thermal energy suitable for use. The area of the SYSTEM includes all the land inside the perimeter of the SYSTEM, which extend to any fencing. The term applies, but is not limited to, solar photovoltaic systems, solar thermal systems, and solar hot water systems.
      SOLAR STORAGE BATTERY/UNIT. A component of a solar energy device that is used to store solar generated electricity or heat for later use.
      SOLAR THERMAL SETTINGS. Systems that directly heat water or other liquid using sunlight. The heated liquid is used for such purposes as space heating and cooling, domestic hot water, and heating pool water.
      SPECIAL USE.
         (a)   A use that has unusual operational, physical, or other characteristics which distinguish it from the permitted uses of a district, but which can be made compatible with the intended overall development within a district.
         (b)   SPECIAL USES commonly must meet special standards not necessarily applicable to permitted uses in the district, and are allowed only by permit. A SPECIAL USE permit may not be transferable.
      SPECIAL USE PERMIT. A permit issued in accordance with the provisions of this chapter to regulate development of a special use.
      STOP ORDER. A type of corrective action order used by the Administrator to halt work in progress that is in violation of this chapter.
      STREET. A public or private way for motor vehicle travel. The term STREET includes a highway, thoroughfare, parkway, throughway, road, pike, avenue, boulevard, lane, place, drive, court, and similar designations, but excludes an alley or a way for pedestrian use only.
      STREET, PRIVATE. Any street providing access to abutting property that is not maintained by and dedicated to the municipality or other public entity.
      STRINGENT. Binding and/or exacting.
      STRUCTURE. Anything constructed or erected on the ground, or attached to something having a fixed location on the ground. All buildings are STRUCTURES, but not all STRUCTURES are buildings.
      STRUCTURE, TEMPORARY. Any structure that is not attached to a permanent foundation.
      TELECOMMUTING. Working in the home by using a computer terminal or other terminal connected by a telephone line or by other means to a central office or central computer.
      TEMPORARY USE PERMIT. A permit issued in accordance with the provisions of this chapter and valid for not more than one year, which allows the erection/occupation of a temporary structure or the operation of a temporary enterprise.
      TOPOGRAPHY. The relief features or surface configuration of an area.
      USE. The purpose or activity for which the land or a structure thereon is designed, arranged, intended, occupied, or maintained.
      USE VARIANCE. A type of amendment (not a variance) that allows a use in a district where said use would not be allowed under existing provisions of this chapter.
      UTILITY SUBSTATION. A secondary utility facility such as an electrical substation, gas regulator station, telephone exchange facility, sewage treatment plant, and the like.
      VACANT. As applied to a lot, no structure is situated thereon.
      VARIANCE. A relaxation of the strict application of the lot size, setbacks, or other bulk requirements applicable to a particular lot or structure.
      WHOLESALE. Refers to the sale of goods or services by one business to another business.
      WINDOW SIGN. Any sign visible from the exterior of a building or structure which is painted directly on the surface of a window or affixed to or suspended immediately behind the window for the purpose of informing passersby of the identity of the proprietor or business, or of the product or service which can be obtained on the premises.
      YARD. Open space that is unobstructed, except as specifically permitted in this chapter and that is located on the same lot as the principal building.
         (a)   YARD, FRONT. A yard which is bounded by the side lot lines, front lot line, and the building line.
         (b)   YARD, REAR. A yard which is bounded by side lot lines, rear lot line, and rear yard line.
         (c)   YARD, SIDE. A yard which is bounded by the rear yard line, front yard line, side yard line, and side lot line.
      YARD LINE. A line in a lot that is generally parallel to the lot line along which the yard in question extends and which is not nearer to such lot line at any point than the required depth or width of said yard.
      ZONING ADMINISTRATOR, ZONING OFFICIAL, or ZONING OFFICER. The Zoning Administrator of the village or his or her authorized representative.
      ZONING MAP. The map(s) and any amendments thereto designating zoning districts, and incorporated into this chapter by reference.
(Prior Code, § 40-2-2) (Ord. 06-08, passed 6-19-2006)