This article provides the general rules for interpreting language and the definition of terms within the Unified Land Development Code.

For the purpose of this Code, the following rules shall be observed:

(a)

Unless the context clearly indicates otherwise, words and phrases shall have the meanings respectively ascribed to them in section 34-2-3; if any term is not defined in section 34-2-3, said term shall have its standard English dictionary meaning.

(b)

The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.

(c)

The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular unless the context clearly indicates otherwise.

(d)

The words "used" or "occupied" include the words "intended", "designed", or "arranged to be used or occupied" as well as "constructed", "altered", "converted", "rented", "leased", or "intended to be used".

(e)

Words denoting the masculine gender shall be deemed to include the feminine and neuter genders.

(f)

The word "shall" is mandatory; the word "may" is discretionary.

(g)

The term city (when used alone or in conjunction with another word or words) shall mean the City of Mascoutah, Illinois.

(h)

Captions (i.e., titles of sections, subsections, etc.) are intended merely to facilitate general reference and in no way limit the substantive application of the provisions set forth thereunder.

(i)

References to sections shall be deemed to include all subsections within that section; but a reference to a particular subsection designates only that subsection.

(Sec. 2.1)

For the purpose of the administration and enforcement of this Code, and unless otherwise stated in this Code, the following words and phrases shall have a meaning as indicated herein. If any term is not defined in this article, it shall have its standard English dictionary meaning.

Abutting. Having a common border with, or being separated from such a common border by a right-of-way, alley or easement.

Access easement. An easement created by deed or other instrument that provides a way or means of approach to provide physical entrance to a property which does not have frontage on a road.

Accessory use or structure. A use or structure which is clearly incidental to, customarily found in association with, and serves a principal use; is subordinate in purpose, area, and extent to the principal use served; and is located on the same lot as the principal use, or on an adjoining lot in the same ownership as that of the principal use.

Accident potential zone (APZ). See "clear zone."

Adequate public facilities. Facilities determined to be capable of supporting and servicing the physical area and designated intensity of the proposed development/subdivision as determined by the city council.

Adjoining lot. A lot that shares all or part of a common point or line with another lot.

Agriculture. The use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses, provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities.

Airport. Any area of land and/or water designed and set aside for the landing and taking off of aircraft associated with MidAmerica Airport or Scott Air Force Base (AFB), and utilized or to be utilized in the interest of the public for such purposes.

Airport hazard. Any structure or object of natural growth or use of land within the airport environs, that obstructs the air space required for the flight of aircraft in landing or taking off at an airport or which is otherwise hazardous to such landing or taking off of aircraft.

Airport hazard area. Any area of land upon which an airport hazard might be established if not prevented as provided in this Code, including any such area which has been declared to be an "airport hazard area" by St. Clair County in connection with any airport approach plan recommended/adopted by the county.

Airport manager. The St. Clair County MidAmerica Airport Manager.

Alley. A minor right-of-way dedicated to public use which gives a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.

Alter. A physical change or an addition. The term "alter" includes renovation, modification, rehabilitation or restoration, but does not include changing the copy on an institutional bulletin board sign, or other legal changeable copy sign.

Alteration. Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, or girders, any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.

Amendment. A change in the provisions of this Code, properly effected in accordance with state law and the procedures set forth herein.

Antenna, accessory. An antenna and supporting structure attached to a building or located on the same lot as a building, designed and used for an amateur radio or citizen band radio (including such antenna used for transmitting and receiving), a similar communication device that only receives a radio frequency (RF) signal or any receive-only home television antenna.

Antenna, communication. Any device that transmits and/or receives radio waves for voice, data or video communications purposes including, but not limited to VHF and UHF television; FM or AM radio; two-way radio, cellular telephone, personal communications services (PCS) or other wireless telephone, fixed point microwave, low power television, or other similar wireless communications and common carriers. This definition does not include small satellite dish antenna that only receive a signal, any other receive-only antenna including a satellite earth station, any receive-only home television antenna, or any accessory antenna as herein defined which does not exceed 50 feet in height.

Antenna, concealed communication. A communication antenna as herein defined which is completely contained within a church steeple, a cupola, or other structure and not visible from outside such structure.

Antenna, whip. An antenna that is cylindrical in shape, less than six inches in diameter, up to 18 feet in height, and transmits signals in a 360-degree direction. Also commonly referred to as omnidirectional, stick or pipe antennae.

Applicant. Any person, firm or governmental agency who executes the necessary forms to procure official approval of a development or permit to carry out construction of a development or redevelopment from the City of Mascoutah.

Area, gross. See "land area, gross."

Area of sign. See "sign area, gross."

Arterial (street) minor. A street designed or utilized primarily for high vehicular speeds or for heavy volumes of traffic on a continuous route through the city with intersections at grade, and on which traffic control devices are used to expedite the safe movement of through traffic as depicted on the transportation plan map in the City's Comprehensive Plan.

Arterial (street), principal. A street designed or utilized primarily for high vehicular speeds or for heavy volumes of traffic on a continuous route connecting the city to surrounding cities, and on which traffic control devices may be used to expedite the safe movement of through traffic as depicted on the transportation plan map in the City's Comprehensive Plan. Principal arterial streets include all limited access roads in the city.

Assisted living facilities. Establishments primarily engaged in providing residential and personal care services without on-site nursing care for the elderly or other persons who are unable to fully care for themselves. The care typically includes room, board, supervision, and assistance in daily living, such as housekeeping services.

Average density. A technique where lots may be reduced in size and buildings sited closer together provided the total development density does not exceed that which could be constructed on the site under conventional zoning and the remaining land is utilized for open space or public purposes.

Banner. Any sign of lightweight fabric or other non-rigid material that is mounted to a pole, building or other structure by a frame at one or more edges. National flags, state or municipal flags, or the official flag or any institution or business shall not be considered banners.

Bed and breakfast inn. 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. No meals shall be provided to guests except for breakfast. Bed and breakfast inns do not include motels, hotels, boarding houses, or food service establishments.

Billboard. A sign that identifies or communicates a commercial or noncommercial message related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located.

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 or highway) or bounded by a combination of street, public parks, cemeteries, railroad rights-of-way, waterways, or corporate boundary lines.

Bond. Any form of a surety bond in an amount and form satisfactory to the city council.

Buffer. An area that contains extensive landscape material and/or a decorative wall or similar material designed to screen from view a particular land use or activity. Noise too!

Buildable area. The area of a lot remaining after the minimum yard, dedicated lands and open space requirements of this Code has been met.

Building. Any enclosed structure designed, constructed or used for residential, commercial, institutional, industrial or agricultural purpose or accessory thereto.

Building height. The vertical distance from the lowest grade 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 and gambrel roofs.

Building permit. A permit issued by the city for the construction, erection or alteration of a structure or building and the related ground and surface preparation prior to and after completion of construction, erection or alteration of a structure or building.

Bulk standards. Specifications in this Code that provide minimum building setbacks, and maximum building height, building coverage, and floor area ratio requirements.

Bulletin board sign. A wall sign or freestanding sign located on the premises of a place of worship or school, on government-owned property, or a city-owned sign placed on other property, which contains changeable copy information such as the names of individuals connected with the institution, general announcements of events or activities occurring at the institution or within the city, or similar messages.

Caliper. The diameter of a tree measured six inches above ground level.

Canopy. A shelter or protective cover projecting from and supported by the exterior wall of a building constructed of non-rigid materials over a rigid framework which is either ground supported or which can be raised or retracted to a position against the building when not in use.

Canopy sign. Any sign that is a part of or attached to a canopy or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area.

Changeable copy. Message information on a sign face which is altered manually through the use of attachable letters, numbers and symbols.

Change of use. Any use which substantially differs from the previous use of a building or land, such as a conversion from a residential use to a commercial use. For commercial and industrial uses, any conversion from a use in a three-digit NAICS code group to a use in a different three-digit group is considered a change of use.

Channel. Any defined river, stream, creek, brook, branch, natural or artificial depression, ponded area, on-stream lake or impoundment, Karst area (sinkhole), flowage, slough, ditch, conduit, culvert, gully, ravine, wash or natural or manmade drainageway, which has a definite bed and bank or shoreline, in or into which surface or groundwater flows, either perennially or intermittently.

Child care center. A facility which regularly provides day care for less than 24-hour per day for four or more children not related to the operator. A child care center shall include the terms "day care center", "part day child care facility", and "day care home" as defined by Chapter 225, Act 10, Section 2 of the Illinois Compiled Statutes.

Church or place of worship. A building or set of buildings used for the purpose of worship and customarily related activities.

City. The City of Mascoutah, Illinois.

Clear zone/accident potential zones I and II (APZ I and II). The clear zone starts at the end of the runway and extends outward 3,000 feet at a width of 3,000 feet. APZ I extends from the clear zone an additional 5,000 feet. APZ II extends from APZ I an additional 7,000 feet.

Clearing. Any activity which removes the natural vegetative ground cover.

Collector street. A street which carries or is proposed to carry intermediate volumes of traffic from local access and subdivision feeder streets to arterial streets and which may or may not be continuous as depicted on the transportation plan map in the city's Comprehensive Plan.

Commercial message. Any sign wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.

Commercial use. A use or activity that is primarily limited to Commercial districts and which includes retail sales, personal services, business services, offices and similar uses involved in commerce.

Commercial vehicle. Any motor vehicle which is designed or used principally for business, governmental or nonprofit organizational purposes or for carrying passengers for hire, and has a platform, cabinet, box, rack, compartment, or other facility for transportation of materials, equipment, and items other than the personal effects of private passengers.

Common ground. That part of a subdivision which is established, such that it is not subject to private individual ownership by subdivision lot owners, and is available for nonexclusive common use and enjoyment by the subdivision lot owners, subdivision occupants, their families and guests on a nonexclusive basis. Such areas are normally owned by a controlling entity of the respective subdivisions and governed by restrictive covenants.

Common ownership. Ownership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporations, firms, entities, partnerships, or unincorporated associations, in which a stockbroker, partner or associate, or a member of his family, owns an interest in each corporation, firm, entity, partnership, or unincorporated association.

Communication tower. A freestanding structure more than 50 feet tall designed or used as a base for any communication antenna. A communication tower shall not be considered a utility substation for purposes of this Code.

Community-integrated living arrangements. A living arrangement certified by a community mental health or developmental services agency where eight or fewer recipients with mental illness or recipients with a developmental disability reside under the supervision of the agency.

Community living facilities. A transitional residential setting which provides guidance, supervision, training and other assistance to ambulatory or mobile adults with a mild or moderate developmental disability with the goal of eventually moving these persons to more independent living arrangements. Residents are required to participate in day activities, such as vocational training, sheltered workshops or regular employment. A community living facility shall not be a nursing or medical facility and shall house no more than 20 residents, excluding staff.

Comprehensive Plan. The plan or any portion thereof adopted by the city council to guide and coordinate the physical and economic development of the city. The Comprehensive Plan includes, but is not limited to, plans and programs regarding the locations, character, and extent of highways, bridges, public buildings or uses, utilities, residential, commercial or industrial land uses, parks, etc.

Conditional use. A use that would not be appropriate generally throughout a zoning district because of potential danger, smoke, noise or odor, but which, if controlled as to number, area, location, or relation to the neighborhood, would not be detrimental to public health, safety, morals or general welfare.

Conduit. Any channel, pipe, sewer or culvert used for the conveyance or movement of water, whether open or closed.

Construction plan. The maps or drawings accompanying a subdivision plat and showing the specific location and design or improvements to be installed in the subdivision in accordance with the requirements of the city as a condition of the approval of the plat.

Construction sign. A temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the owners and/or contractors having a role or interest with respect to the structure or project.

Copy. Message information on a sign face.

Corner lot. See "lot, corner."

Covered walkway. A pedestrian space under a structure constructed of rigid material extending from, attached to and supported by a building, but not including an awning, canopy or similar object constructed or non-rigid material.

Covered walkway sign. A sign hung from the ceiling of a covered walkway in front of a retail store.

Cul-de-sac. A short minor local street having only one outlet for vehicular traffic and having the other end permanently terminated by a turn-around for vehicles; the term may also be used to refer solely to said turn-around.

Day-night sound level (Ldn). A cumulative aircraft noise index that estimates the exposure to aircraft noise at a certain geographic point and relates the estimated exposure to an expected community response which is the yearly day-night sound level described in decibels.

Dedicate. To transfer the ownership of a right-of-way, parcel of land, or improvement to the City or other public entity without compensation.

Design criteria. Standards that set forth specific improvement requirements.

Detention basin. A facility constructed or modified to provide for the temporary storage of stormwater runoff and the controlled release by gravity of this runoff at a prescribed rate during and after a flood or storm.

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 therefore.

"Developer". The owner of land proposed to be developed, subdivided, or redeveloped or the developer's representative who is responsible for any undertaking that requires review and/or approval under these regulations. See also "Subdivider."

Development. A project involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure; or any use or extension of land; any of which has the effect of increasing the requirements for capital improvements, and which requires either the approval of a plat pursuant to the city's subdivision regulations, the issuance of a building permit, or connection to the city's water or wastewater sewer system.

Development administrator. The city manager, or his duly authorized representative, appointed by the mayor and city council, who shall administer certain provisions of this Code.

Development agreement. An agreement between the city council and the developer through which the city council agrees to vest development use or intensity or refrain from interfering with subsequent phases of development through new legislation in exchange for the provision of public facilities or amenities by the developer in excess of those required under current community regulations.

District. Any section or area of the city for which the zoning regulations governing the use, placement of structures, yard and setback requirements, and size and dimension criteria are uniform throughout the city.

Duplex. A residential building divided into two dwelling units.

Dwelling, attached. A one-family dwelling attached to one or more other one-family dwellings by common vertical walls.

Dwelling, single-family. A building, detached from other buildings, designed for or occupied exclusively by one family as a single housekeeping unit. A single-family dwelling does not include a mobile home.

Dwelling, multiple-family. A residential building containing three or more dwelling units.

Dwelling unit. One or more rooms in a residential building or portion of a building which are arranged, designed, used, or intended for use as a complete, independent living facility for no more than one family, and which includes permanent provisions for living, sleeping, eating, cooking and sanitation. A dwelling unit must have direct access to the outside or to a public hallway.

Easement. A grant by a property owner of the right of use of his land by another party for a specific purpose.

Election sign. A temporary sign supporting a candidate and/or issue on the ballot in an impending election.

Erect. To build, construct, install, attach, hang, place, inscribe, suspend or affix, and shall include the painting of wall signs.

Erosion. The general process whereby soil or earth is moved by rainfall, flowing water, wind or wave action.

Escrow deposit. A deposit in cash or other approved securities to assure the completion of improvements within a subdivision.

Family. Any number of individuals related by blood, marriage or adoption living together as a single housekeeping unit or up to three unrelated individuals.

Farm. A parcel of land of not less than three acres, in one ownership, that is used primarily for the commercial, soil-dependent cultivation of agricultural crop production and/or for the raising of livestock, but not including a feedlot.

Fence. An outdoor freestanding structure of any material or combination of materials erected for confinement, screening or partition purposes.

Fill. Any act by which earth, clay, silt, sand, gravel, rock, or any other material, is deposited, placed, replaced, pushed, dumped, pulled, transported or moved by man to a new location and shall include the conditions resulting therefrom.

Financial security. The letter of credit or cash escrow provided by the applicant to secure its promises in the subdivision improvement agreement.

Finished grade. The vertical location of the ground surface after grading work is completed in accordance with the engineering plans.

Flag. Any fabric or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, institution or business.

Flexible zoning. Zoning which permits uses of land and density of buildings and structures different from those which are allowed as of right within the zoning district in which the land is situated. Flexible zoning applications shall include, but not be limited to, all conditional uses, planned development procedures and average density zoning projects.

Flood fringe. That area as designated by the Federal Emergency Management Agency (FEMA) on either side of the floodway. This area is subject to inundation from the base flood but conveys little or no flow.

Floodplain. That land adjacent to a body of water with ground surface elevations at or below the base flood or the 100-year frequency flood elevation which is subject to inundation. The floodplain as designated by the Federal Emergency Management Agency is also known as the special flood hazard area (SFHA). This area is the collective combination of the regulatory floodway and the flood fringe.

Floodway. The channel and that portion of the floodplain, including on-stream lakes, adjacent to a stream or watercourse which is needed to store and convey the anticipated existing and future 100-year frequency flood discharge with no more than 0.1 foot increase in stage due to any loss of flood conveyance or storage and no more than a ten percent increase in velocities.

Floor area. The outside dimensions of all enclosed floor area under roof, excluding garages, open and screened porches, carports, terraces, and patios.

Floor area ratio. The gross floor area of all principal buildings on a lot divided by the area of the lot.

Freestanding sign. Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure including low monument signs and pole signs.

Frontage. All of the property abutting and measured along the street right-of-way line.

Frontage road. A minor street fronting on an arterial street or highway (usually a limited access highway).

Gasoline service station. Any structure or land used for retail sales and dispensing of motor vehicle fuels or oils, whether self-service or not, and whether retail sales of vehicle fuels is a principal or accessory use. A service station may furnish supplies, equipment and minor repair services, including tires, to vehicles incidental to selling and dispensing of motor vehicle fuels and oils.

Grade. The degree of inclination of the site or right-of-way, expressed as a percentage. Synonym for "slope".

Grading. The excavation or fill or any combination thereof and shall include the conditions resulting from any excavation or fill.

Green space. Land devoted to park, recreation or other open space which is not part of an individual lot occupied by another principal use such as a house.

Gross sign area. See "sign area, gross."

Health, safety or general welfare. The purpose for which municipalities may adopt and enforce land use regulations for the prevention of harm or promotion of public benefit to the community; commonly referred to as the police power.

Hedge. A row of closely planted shrubs or low-growing trees forming a fence or boundary.

Home occupation. Any occupation or activity carried on within a residential property where the activity is conducted only by members of the family living within the residence, where products are not offered for sale from the premises, where no evidence of the occupation is visible or audible from the exterior of the residential property, where traffic is not generated in excess of that customary at residences, and where no commercial vehicles are kept on the premises or parked overnight on the premises. (See section 34-7-17)

Homeowners' association. An organization, whether or not incorporated, which operates under and pursuant to recorded covenants or deed restrictions, through which each owner of a portion of a subdivision be it a lot, parcel, site, plot, unit, condominium, or any other interest is automatically a member as a condition of ownership and each such member is subject to a charge or assessment for a prorated share of expense of the association which may become a lien against the lot, parcel, site, plot, unit, condominium, or other interest of the member.

Impervious surface. That area of property that is covered by materials other than soil and vegetation and that has no intended capacity to absorb stormwater, such as parking lots, driveways, sidewalks, patios, tennis courts, roofs and other structures.

Improvements. Any street, curb and gutter, sidewalk, drainage ditch, sewer, catch basin, water main, street light, newly-planted tree, off-street parking area, or other facility necessary for a subdivision or development.

Improvements plans. The engineering plans showing types of materials and construction details for the structures and facilities to be installed in, or in conjunction with, a subdivision including, but not limited to, grading, erosion control, streets, wastewater sewers, storm sewers, stormwater retainage systems, water mains, and hydrants.

Incidental sign. A sign which is generally informational and has a purpose secondary to the use of the premises on which it is located, such as "credit cards accepted here", "loading only", "telephone", or similar information. No sign with a commercial message legible from a position off the premises shall be considered incidental.

Individual sewage disposal system. A septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device.

Infiltration. The passage or movement of water into the soil surfaces.

Institutional use. A use that provides a public service and is operated by a federal, state or local government, public or private utility, public or private school or college, tax-exempt organization, and/or a place of religious assembly. Examples include: Public agency, public safety and emergency services, essential and utility services, cultural, service and religious facilities, public/private health facilities or other similar uses.

Intersection. The point at which two or more public rights-of-way (generally streets) meet.

Junk vehicle. Any vehicle that has had its engine, wheels or other parts removed, damaged, altered, or otherwise so treated that the vehicle has been incapable of being driven under its own motor power for a period of at least seven days, or a vehicle which is not currently registered or licensed by the Illinois Secretary of State or similar licensing authority of another state.

Land area, gross. For land proposed to be developed, used, redeveloped, or subdivided, the entire area within the lot lines of the property proposed for subdivision, including any areas to be dedicated/reserved for street and alley rights-of-way and for public uses.

Ldn. See "day-night sound level (Ldn)."

Ldn contour. A line linking together a series of points of equal cumulative noise exposure based on the Ldn metric. Such contours are developed based on aircraft flight patterns, number of daily aircraft operations by type of aircraft and time of day, noise characteristics of each aircraft and typical runway usage patterns.

Life care facility. A place or places in which a provider undertakes to provide a resident with nursing services, medical services or personal care services, in addition to maintenance services, for a term in excess of one year or for life pursuant to a life care contract. The term also means a place or places in which a provider undertakes to provide such services to a non-resident.

Limited access highway. A freeway or expressway providing a trafficway for through traffic, in respect to which owners or occupants of abutting property and other persons have no legal right to access to or egress from, except at such points and in such manner as may be determined by the public authority having jurisdiction over the trafficway.

Livestock. Animals which have historically been bred, reared and utilized for the production of meat, wool, leather, milk, eggs and similar products, including, but not limited to, cows, hogs, sheep, goats, catfish and fowl which are raised on a commercial basis.

Local access street. A street serving limited amounts of residential traffic, and used for access to abutting property.

Lot. A designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon as a unit.

Lot, corner. A lot situated at the intersection of two or more streets with frontage on two or more adjacent sides.

Lot, double frontage. A lot having a pair of approximately parallel lot lines that abut two approximately parallel streets.

Lot, interior. A lot whose side lot lines do not abut upon any street.

Lot area. The area of a horizontal plane bounded by the front, side and rear lines of a lot.

Lot depth. The mean distance measured from the front lot line to the rear lot line.

Lot improvement. Any building, structure, place, work of art, or other object situated on a lot.

Lot line. A line of record bounding a lot thereby dividing such lot from another lot or from a right-of-way.

Lot line adjustment. A minor subdivision plat in which the boundary line between two legal lots of record is moved to transfer land from one lot to another, or from each lot to the other.

Lot of record. A lot which is a part of a subdivision, the map of which has been recorded with the St. Clair County Recorder of Deeds, or a parcel of land, the deed of which was recorded with the St. Clair County Recorder of Deeds prior to the adoption of this Code.

Lot width. For lots with parallel side lot lines, the shortest distance between the side lot lines. For lots where the side lot lines are not parallel, the width of the lot shall be the length of a straight line measured at right angles to the axis of the lot at the front setback required for the district in which the lot is located. The axis of a lot shall be a line joining the midpoints of the front and rear lot lines.

Low monument sign. A freestanding sign located adjacent to a road right-of-way with a single pedestal base where the pedestal base is at least 50 percent of the width of the sign face.

Major site plans. A major site plan is defined as a plan for the development of a parcel of land that contains no buildings or for which the existing buildings are to be removed and a new building or buildings constructed. In addition, a major site plan shall be required for any development that is adding more than 5,000 square feet of new impermeable surface to a site. A major site plan must be approved by the planning commission and the city council.

Major subdivision. See "subdivision, major."

Minor site plans. A minor site plan is defined as plans for new construction, the expansion, change in use, or addition(s) to a site that already contains a building (or buildings) and any development which adds less than 5,000 square feet of new impermeable surface to a site. A minor site plan may be approved by the development administrator if it meets all of the requirements of the Unified Land Development Code. Projects approved by the development administrator do not exempt the application from required architectural review per article XI.

Minor subdivision. See "subdivision, minor."

Mobile home. A structure designed for permanent habitation and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, from the place of its construction to the location, or subsequent locations, 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. The term mobile home shall include manufactured homes constructed after June 30, 1976, in accordance with the Federal "National Manufactured Housing Construction and Safety Standards Act of 1974".

Mobile home park. A tract of land or two or more contiguous tracts of land upon which contain sites with the necessary utilities for five or more independent mobile 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 mobile home park. Separate ownership of contiguous tracts of land shall not preclude the tracts of land from common licensure as a mobile home park if they are maintained and operated jointly. A motorized recreational vehicle shall not be construed as being a part of a mobile home park.

Model home. A dwelling unit used initially for display purposes which typifies the type of units that will be constructed in the subdivision and which will not be permanently occupied during its use as a model.

Natural. Conditions resulting from physical, chemical and biological processes without intervention by man.

Noise level reduction (NLR). The difference between the exterior and interior sound level, expressed in decibels, which is achieved by the intervening structure.

Non-conforming building or structure. A building or structure whose size, dimensions or location was lawful prior to the adoption, revision or amendment of this Code, but which would be prohibited or further restricted under the terms of this Code.

Non-conforming lot. A lot whose area, dimensions or location was lawful prior to the adoption, revision or amendment of this Code, but which would be prohibited or further restricted under the terms of this Code.

Non-conforming sign. Any sign that was lawfully erected but no longer conforms to the requirements of this Code.

Non-conforming use. A use or activity which was lawful prior to the adoption, revision or amendment of this Code, but which would be prohibited or further restricted under the terms of this Code.

Nonconformity, site-related. A characteristic of the site, such as off-street parking or loading, landscaping, drainage or similar matters which are incidental to the principal use of the property but which do not satisfy current city standards, as established in this Code.

Non-residential subdivision. A subdivision whose intended use is other than residential, such as commercial or industrial.

Nursing home. A place, whether operated for profit or not, or a county home for the infirm and chronically ill which provides, through its ownership or management, personal care, sheltered care or nursing for three or more persons, not related to the applicant or owner by blood or marriage. It includes skilled nursing facilities and intermediate care facilities as those terms are defined in Title XVIII and Title XIX of the Federal Social Security Act.

Off-premises sign. Any sign, except a billboard as defined herein, which advertises or identifies a property, business or address other than the property, business or address where the sign is displayed.

Off-site. Any premises not located within the area of the property to be subdivided, whether or not in the common ownership of the applicant for subdivision approval.

Off-site sign. See "off-premises sign."

Official map. The land use plan map, thoroughfare plan map, and water and wastewater plan map contained in the city's Comprehensive Plan.

On-premises permanent sign. A sign pertaining primarily to the use of the premises on which the sign is located and which may contain, but is not limited to, any of the following information: the name of the owner, occupant, management, business or building; the address; the type of business, profession, service or activity; and the type or types of products offered.

Outdoor restaurant. An eating or drinking establishment which has an unroofed area or a covered area which is not enclosed by walls where patrons may be served food and/or beverages.

Outdoor storage. The keeping, in an unroofed area, of any goods, material, or merchandise in the same place for more than 24 hours unless such goods, material, or merchandise have been authorized through the issuance of a permit for a temporary outdoor display or temporary seasonal display. The parking of motor vehicles, in operating condition, which are used in the operation of a commercial establishment shall not be considered outside storage.

Permitted use. A use allowed by right in a zoning district and subject to the restrictions applicable to that zoning district.

Planned development procedure. A tract of land which is developed as a unit under single ownership or unified control, which includes two or more principal buildings or uses and follows applicable procedures of this Code.

Planning commission. The planning commission of the City of Mascoutah, Illinois.

Plat, final. The detailed layout of all or a portion of a subdivision showing the boundaries of and location of individual properties, streets, easements and required setbacks, and including engineering drawings and supporting material indicating the subdivider's plan of the subdivision which is presented to the city council for final approval and, if approved, may be filed with the St. Clair County Recorder of Deeds.

Plat, preliminary. Initial engineering maps, drawings, and supportive material indicating the proposed layout of a subdivision which is submitted to the planning commission and city council for consideration and preliminary approval.

Pole sign. A freestanding sign elevated above ground level by one or more narrow structures or supports that are anchored in the ground and that is independent from any building or other structure, but not including a billboard.

Police power. Inherent, delegated, or authorized legislative power for purposes of regulation to secure health, safety, and general welfare.

Portable sign. Any sign not permanently attached to the ground or other permanent structure, which is designed to be transported, including, but not limited to, signs designed to be transported by means of wheels, signs converted to A- or T-frames, menu and sandwich board signs, and any inflatable sign other than a special event balloon.

Premises. Any land together with any structures occupying it.

Principal use. The primary use of a lot or premises occupying the major portion of all buildings and structures.

Private street. A non-public street providing access to and owned by abutting properties.

Projecting sign. Any sign attached to, and extending more than 14 inches from a wall which is supported by such wall.

Public improvement. Any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may effect an improvement for which local government responsibility is established.

Real estate sign. Any sign pertaining to the sale, lease or rental of real estate.

Recreational vehicle. A vehicle which can be towed, hauled or driven and is primarily designed as temporary living accommodations for recreational, camping or travel use, or for other recreational transportation, including, but not limited to, travel trailers, truck campers, camping trailers, self-propelled motor homes, boats and snowmobiles.

Reserve. To set aside a parcel of land in anticipation of its acquisition by the city (or other government entity) for public purposes.

Reserve strip. A narrow strip of land between a public street and adjacent lots which is designated on a recorded subdivision plat or property deed as land over which vehicular travel is not permitted.

Residential sign. A sign on a residentially-zoned lot that contains a political, religious or other noncommercial message.

Resubdivision. Any change in a map of an approved or recorded subdivision plat that affects any street layout on the map or area reserved thereon for public use or any lot line, or that affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.

Right-of-way. Land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a road, railroad, electric transmission line, oil or gas pipeline, water line, wastewater sewer line, storm sewer line, or other similar use.

Roof sign. Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.

Satellite dish antenna. A device or structure used to transmit and/or receive radio, television or electromagnetic waves or signals between terrestrially and/or orbitally based uses through a reflective surface that is solid, open mesh or bar configured and generally in the shape of a shallow dish, cone, horn, or cornucopia. This definition includes, but is not limited to, satellite earth stations, television-reception-only (TVROs), and satellite microwave antennae.

Screening. A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation.

Setback. The minimum horizontal distance between the front, side or rear lines of the lot and the front, side and rear lines of the building including porches, carports, and accessory uses subject to yard encroachment provisions of this Code. For lots fronting on curvilinear streets, the front setback shall be measured from a line perpendicular to the chord line to the nearest point of a structure.

Setback, required. The minimum horizontal distance between the lot line and the buildable area of a lot necessary to meet the yard requirements of the applicable zoning district. The required setback line shall be parallel to the lot line.

Shopping center. A group of three or more commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site. The total gross leasable floor area of such a center shall generally be greater than 10,000 square feet.

Shrub. A woody plant of relatively low height, having several stems arising from the base and lacking a single trunk; a bush.

Sidewalk. A pedestrian way constructed in compliance with the standards of this Code, generally abutting or near the curb line of the street.

Sign. Any device, fixture, placard or structure that uses any color, form, graphic illumination, symbol or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public, but not including a church steeple.

Sign area, gross. The entire area within a single continuous perimeter composed of parallelograms, triangles, circles, ellipses or combinations thereof, enclosing the extreme limits of the sign, but not including structural supports which are not an integral part of the sign; except that in the case of an individual letter sign erected on a wall only two-thirds of the entire area of the enclosing parallelograms, triangles, circles, ellipses or combinations thereof, shall be counted as the gross area of the sign. Where a sign has two or more faces, the gross area of all such faces shall be included in determining the total gross area of the sign.

Sign face. The area or display surface used for the message.

Sign frontage. The lineal distance along the street in front of the premises; or absent frontage on a street, the length along the front of the ground floor of a building occupied by a separate and distinct use and the length along the side of the ground floor of a building occupied by a separate and distinct use when the side of such building faces a street; or the width of a tenant space measured along the ground floor of a building occupied by a separate and distinct use which does not face a street but faces a parking lot.

Sign height. For all signs except billboards, the vertical distance measured from the elevation of the center line of the adjacent right-of-way at the point closest to the sign to the highest point of the sign.

Sign permit. A document certifying that the plans for the proposed sign comply with all applicable city ordinances and requirements.

Sinkhole (Karst areas). A land surface depression or blind valley which may or may not have surface openings to cavernous underground areas and which is the result of water movement through slits and jointed limestone. These conditions make such areas unstable and susceptible to subsidence and surface collapse. Fractures in the limestone may channel runoff water to public or private water supplies, making those sources especially susceptible to groundwater contamination.

Snipe sign. A temporary sign or poster affixed to a utility pole, tree, fence or similar object not designed to support a sign.

Special event balloon. A temporary sign which is inflated by air or gas and which promotes an extraordinary happening.

Special event sign. A temporary sign announcing or promoting an event sponsored by a governmental or nonprofit organization. Such event could include a Fourth of July celebration, or other seasonal or annual event.

Special use. A use of land in the airport overlay zoning district which requires a permit prior to being established or expanded.

Stop work order. A written notice from the development administrator or other appropriate city employee to the owner, contractor or agents of the owner requiring all affected parties to cease work on a site pending review, approval and/or modification of necessary permits to ensure compliance with all city ordinances and requirements.

Stormwater runoff. The waters derived from melting snow or rain falling within a tributary drainage basin which are in excess of the infiltration capacity of the soils of that basin, which flow over the surface of the ground or are collected in channels or conduits.

Storm sewer. A closed conduit for conveying collected stormwater.

Stream. Any river, creek, brook, branch, flowage, ravine or natural or man-made drainageway which has a definite bed and banks or shoreline, in or into which surface or groundwater flows, either perennially or intermittently.

Street. A public or private way for motor vehicle travel. The term "street" includes a highway, thoroughfare, parkway, through way, road, pike, avenue, boulevard, lane, place, drive, court, and similar designations, but excludes an alley or a way for pedestrian use only.

Street tree, approved. A deciduous hardwood tree with a minimum caliper of two and one-half inches and with a clear trunk of at least six feet which is suitable for urban environments, is tolerant of disease and salt, and is included within one of the following species:

(a)

Thornless Honey Locust (Gleditsia triacanthos "inermis").

(b)

Red Maple (Acer rubrum).

(c)

Sugar Maple (Acer saccharum).

(d)

Hedge Maple (Acer campestre).

(e)

Seedless Green Ash (Fraxinus pennsylvanica "Marshall Seedless").

(f)

White Ash (Fraxinus Americana).

(g)

Ironwood (Ostrya virginiana).

(h)

Pin Oak (Quercus palustris).

(i)

Willow Oak (Quercus phellos).

(j)

Red Oak (Quercus rubra).

(k)

Little Leaf Linden (Tilia cordata).

(l)

Silver Linden (Tilia tomentosum).

Structure. Anything constructed, erected or located on the ground, or attached to something having or requiring a fixed location on the ground including a building, sign, billboard, fence, tennis court, parking lot, driveway or similar feature, but not including a regulation mail box.

Subdivide. The act or process of creating a subdivision.

Subdivider. Any person, firm, partnership, association, corporation, estate or other group or combination acting as a unit, dividing or proposing to divide land in a manner that constitutes a subdivision as defined in this Code.

Subdivision. The division and recording in accordance with law of a parcel of land into two or more lots for the purpose of transfer of ownership for development, sale or lease.

Subdivision, major. All subdivisions not classified as minor subdivisions, including, but not limited to, subdivisions of three or more lots, or any size subdivision requiring any new street or extension of city facilities or the creation of any public improvements.

Subdivision, minor. Any subdivision containing not more than two lots fronting on an existing street, not involving any new street or road, or the extension of city facilities or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Comprehensive Plan, official map or this Code, including lot line adjustments. The sale or exchange of parcels of land to or between adjoining property owners where such sale or exchange does not create additional lots shall not be considered as a minor subdivision. A division of land (for agricultural purposes), in parcels of more than ten acres, not involving any new street or easement or access, is not a minor subdivision.

Subdivision direction sign. A temporary sign intended to direct the general public to a subdivision under development and limited to the name of the subdivision, a directional arrow and written directions.

Subdivision feeder street. A facility designed to collect traffic from local access streets and channel it to the collector street system. Direct access to subdivision feeder streets is allowed although the major portion of lots within a subdivision should have access to a local access street. Subdivision feeder streets will be of relatively limited continuity, but have more continuity than local access streets.

Subdivision improvement agreement. A contract entered into by the applicant and the city by which the applicant promises (bonds) to complete the required public improvements within the subdivision within a specified time period following final plat approval.

Subdivision information sign. A temporary sign intended to inform the general public about a subdivision under development.

Temporary advertising sign. A temporary sign or signs displayed so as to attract attention to the sale of merchandise or services, or a change in policy or in the status of a business.

Temporary improvement. Improvements built and maintained by a subdivider during construction of the subdivision and prior to release of the performance bond.

Temporary sign. A sign which is not illuminated and is not permanently installed or affixed to any sign, structure, building or lot.

Temporary use. A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

Topography. The relief features or surface configurations of an area of land.

Tract. A lot. The term "tract" is used interchangeably with the term "lot", particularly in the context of subdivision, where a "tract" is subdivided into several lots, parcels, sites, plots, units, condominiums, tracts, or other interests.

Tree. A plant having a permanently woody main stem or trunk, ordinarily growing to a considerable height, and usually developing branches at some distance from the ground.

Trim. Materials that are minor parts of a building facade which complement the design of the building or perform a function, including, but not limited to, fascias, window sashes, gutters, scuppers, leader heads, lear boards, and rakes.

Unkempt or unsightly sign. A sign that, in the opinion of the development administrator or the development administrator's designee, is clearly in disrepair, is missing part of its copy, has letters or other copy that are broken, missing or so faded that they are difficult to read from the street, is not securely affixed to either the ground or some other supporting structure, contains an illegible message, contains rust or peeling or flaking paint, or has damage to its face which is clearly visible from the street.

Used car sales. A lot or premises where two or more used vehicles are offered for sale concurrently or where four or more used vehicles are offered for sale over a period of one year.

Vacate. To terminate the legal existence of right-of-way or subdivision, and to so note on the final plat recorded with the St. Clair County Recorder of Deeds.

Variance. A relaxation by the board of zoning appeals of the dimensional regulations of this Code where such action will not be contrary to the public interest and where, owing to conditions extraordinary to the property and not the result of actions or the situation of the applicant, a literal enforcement of the Code would result in practical difficulties or undue hardship.

Vested rights. Right to initiate or continue the establishment of a use which will be contrary to a restriction or regulation coming into effect when the project associated with the use is completed.

Wall sign. Any sign attached parallel to, and within 14 inches of, a wall, painted on the wall surface, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign face. A wall sign may extend above the eaves of a roof provided that it does not extend above the highest point of the roof.

Watershed. All land area drained by, or contributing water to, the same stream, creek, ditch, lake, marsh, stormwater facility, groundwater or depressional area.

Wetlands. Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adopted for life in saturated soil conditions.

Window sign. Any sign, pictures, symbol or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service, that is placed immediately inside a window or upon the window panes or glass and is visible from the exterior of the window.

Yard. An open space at grade between a building and the adjoining lot line unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in section 34-3-2.

Yard front. A yard extending across the full width of a lot between any building and the front lot line, and measured perpendicular to the building at the closest point to the front lot line. On corner lots, all yards which abut a street are considered front yards.

Yard rear. A yard extending across the full width of the lot between the principal building and the rear lot line, measured perpendicular to the building to the closest point of the rear lot line.

Yard, required. The minimum setback distance for each yard established by the minimum yard dimensions in the zoning district requirements.

Yard side. A yard extending from the front yard to the rear lot line between the principal building and the side lot line measured perpendicular from the side lot line to the closest point of the principal building, or a yard which is not a front or year yard.

(Sec. 2.2; Ord. No. 10-15, § 1, 9-20-10; Ord. No. 10-16, § 1, 10-18-10; Ord. No. 12-10, § 1, 5-21-12; Ord. No. 12-15, § 1, 9-4-12)

As a supplement to the definitions contained in this article and to facilitate a better understanding thereof, and of yards, required yards and yard setback lines in general, a diagram entitled, "Diagrammatic Display of Yard Locations and Yard Setback Lines of a Typical Lot" is hereby annexed to this Code and made a part hereof with the same force and effect as though fully set forth herein. Should there be any conflict between the text of this Code and the information displayed in the diagram, the text of this Code shall prevail.

(Sec. 2.3)