[Amended 2-20-2001; 6-18-2002; 9-19-2006; 6-17-2008; 6-17-2014; 2-17-2015; 6-16-2015; 11-15-2016; 2-21-2017; 1-21-2020; 3-26-2020; 3-10-2022; 5-11-2023; 12-2-2024; 1-16-2025; 7-17-2025; 10-16-2025; 11-13-2025]
Except as otherwise provided in §
350-41 for terms used in relation to the FP Floodplain Overlay District, as used in this chapter, the following terms shall have the meanings indicated:
ADULTA person 18 years and older.
ADULT BOOKSTOREAn establishment having as 10% or more of its stock-in-trade books, photographs, magazines, films for sale or viewing on the premises by use of motion-picture devices, or other coin-operated means, or other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to specified sexual activities as said term is defined herein.
ADULT ENTERTAINMENT FACILITYAny building, structure or facility which contains or is used entirely or partially for commercial entertainment, including theaters used for presenting live presentations, videotapes or films predominantly distinguished or characterized by their principal emphasis on matters depicting, describing, or relating to specified sexual activities, as said term is defined herein, and exotic dance facilities (regardless of whether the theater or facility provides a live presentation, videotape or film presentation), where the patrons either: (1) engage in personal contact with or allow personal contact by employees, devices or equipment, or by personnel provided by the establishment which appeals to the prurient interest of the patrons; or (2) observe any live presentation, videotape or film presentation of persons wholly or partially nude with their genitals or pubic region exposed or covered only with transparent or opaque covering, or in the case of female persons with the areola and nipple of the breast exposed or covered only with transparent or opaque covering, or to observe specified sexual activities as said term is defined herein.
AG. SUPPORT AND EDUCATIONA commercial enterprise at a farm to support agriculture in the area and to provide education and training in support of agriculture. Uses may include a location where agricultural research, development and training can take place. Education may include classes to support small scale farmers, and training of farmers and dealers about agricultural equipment. Uses may include a place to sell fruits and vegetables grown on the property, farm tours, farm to plate dinners, and classes on such things as canning, plant and herbal identification, seed saving techniques, soap, salves and lotions, sustainable small farming techniques. Accessory uses may include the storage of parts for farm equipment and sale of food and refreshments for consumption on site. Allowed uses do not include weddings or other similar social or commercial gatherings.
AGRICULTURAL PROCESSINGThe initial processing of crop-based agricultural products that is reasonably required to take place in close proximity to the site where such products are produced. Typical uses include grain elevators and grain mills.
AGRICULTURAL SALES AND SERVICEAn establishment primarily engaged in the sale or rental of farm tools and implements, feed and grain, tack, animal care products and farm supplies. This definition excludes the sale of large implements, such as tractors and combines, but includes food sales and farm machinery repair services that are accessory to the principal use.
AGRICULTURAL TOURISMA commercial enterprise at a working farm conducted for the enjoyment or education of visitors, and that generates supplemental income and involves agriculturally based operations or activity that brings visitors to a farm. Uses may include but are not limited to the following: corn maze, pony rides, display of farm animals, farm tours, hay rack rides, demonstrations and display of typical farm operations/activities, annual agriculture-related festivals or fairs, farm stands or shops, U-pick, farm stays, on-farm classes, pumpkin patches, Christmas tree farms, orchard dinners, youth camps, barn dances, hunting or fishing guest ranches. Accessory uses may include sale of food and refreshments for consumption on site, sale of products grown in the area and products where value is added to such products, sale of tourist products made in the area and playgrounds. Agricultural tourism includes any activities allowable at a rural specialty facility.
AGRICULTUREA. The use of a tract of land which is one of the following:
(1) The growing, harvesting and storage of crops, including but not limited to legumes, hay, grain, fruit, vegetables, flowers, trees, bushes;
(2) The feeding, breeding and management of fish, livestock, poultry or fur-bearing animals other than those uses which are defined as "animal feeding operations";
(4) Any other agricultural or horticultural use or combination thereof, including, without limitation, bee keeping, aquaculture, silviculture, and any other activities customarily engaged in by persons engaged in the business of farming; or
(5) Buildings for protecting or storing farm machinery or equipment and for housing and preparing livestock or poultry for market.
B. Whenever a structure is being constructed as an agricultural building on parcels of less than 40 acres of tillable land, the applicant shall submit to the Director of Building and Zoning a signed statement upon a form prescribed by the Director of Building and Zoning attesting to the authenticity of the agricultural use. The burden of proof that the parcel is a genuine agricultural operation is placed on the applicant. It shall be deemed a genuine agricultural use if substantial income is generated from agricultural activities on the parcel.
AIRCRAFTAny contrivance, now known or hereafter invented, for use or designed for flight in air.
AIRPORT or AIRSTRIPAny public or privately owned or operated ground facility designed to accommodate landing and take-off operations of aircraft, including all taxiways, aircraft storage and tie-down areas, hangers and other buildings and open spaces.
ALLEYA public right-of-way which is less than 30 feet (nine meters) wide and affords a secondary means of access to abutting property. Frontage on an alley shall not be construed as satisfying the requirements related to frontage on a public street.
ALTERATIONA change in shape, location, character, occupancy or use of a building or structure.
ANIMAL CARE, GENERALA use providing animal care, veterinary services or boarding. See "animal care, limited" and "kennel."
ANIMAL CARE, LIMITEDA use providing animal care, boarding and veterinary services for household pets, with no outside animal runs. See "animal care, general" and "kennel."
APPLICANTThe owner or duly designated representative of land for which a rezoning special use permit, amendment, variance, construction permit, or occupancy permit has been requested. If the applicant is a person other than the owner, consent in writing shall be required from the legal owner of the premises.
ARTERIAL ROADA street that provides for through traffic movement between and around areas, with restricted access to abutting property and subject to necessary control of entrances and exits.
ASPHALT OR CONCRETE PLANTAn establishment engaged in the manufacture, mixing, batching or recycling of asphalt, asphaltic cement, cement or concrete products.
ASSISTED LIVINGMultifamily dwelling units used or designed to be used by older persons, persons with HIV, persons with disabilities or other persons needing or desiring assistance with day-to-day living matters, but not including group homes, group residential, hospitals or convalescent care facilities. Typical uses include retirement communities in which housekeeping services, common dining facilities, and recreational and social activities are offered to residents.
AUDITORIUM or STADIUMAn open, partially enclosed or fully enclosed facility used or intended to be used primarily for spectator sports, entertainment events, expositions and other public gatherings. Typical uses include convention and exhibition halls, meeting halls, sports arenas and amphitheaters.
AUTOMATED TELLER MACHINE (ATM)A mechanized consumer banking device operated by a bank or financial institution for the convenience of its customers, whether outside or in an access-controlled facility. ATMs located within a building shall be considered accessory to the principal use unless the ATM is likely to be an independent traffic generator.
AWNINGA rooflike mechanism, retractable in operation and covered with flexible textured material, which projects from the wall of a building.
BANK or FINANCIAL INSTITUTIONEstablishments engaged in deposit banking. Typical uses include commercial banks, savings institutions and credit unions. Banks and financial institutions also include automated teller machines.
BAR or TAVERNAn establishment in which the primary function is the sale and serving of alcoholic and cereal malt beverages for consumption on the premises, including establishments commonly known as "cocktail lounges" and "nightclubs" but excluding those establishments that would otherwise be defined as an "adult entertainment facility."
BASEMENTThat portion of a building having 1/2 or more of its floor-to-ceiling height below the average grade of the ground immediately adjacent to its walls.
BASIC INDUSTRYAn establishment engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials. Typical uses include distilleries; pulp processing and paper products manufacturing; glass manufacturing; brick manufacturing; steel works; tanneries; acid manufacturing; cement, lime, gypsum, or plaster of paris manufacturing; fertilizer or chemical manufacturing; and petroleum refineries.
BATHHOUSEAn establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated or supervised by a medical or chiropractic practitioner or professional physical therapist licensed by the state.
BATTERY ENERGY STORAGE SYSTEM (BESS)A battery energy storage system with an aggregate energy capacity greater than 600 kWh that can store and deploy generated energy, typically a group of batteries that charge (i.e., collect energy) and store electrical energy from the grid or energy generation facility and then discharge that energy at a later time to provide electricity or other grid services when needed. Battery storage generally consists of batteries, battery storage containers, on-site switchyard, inverters, associated interconnection transmission line, and supervisory control and data acquisition system. A BESS is not allowed in the R-1 or R-2 Districts. Facilities under 600 kWh capacity are allowed as an accessory use.
BED-AND-BREAKFAST ESTABLISHMENTAn 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 10 consecutive nights in a twelve-month period. Breakfast may be provided to the guests only. Bed-and-breakfast establishments shall not include motels, hotels, boardinghouses or food service establishments.
BLOCKA tract of land bounded by public streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, rivers and lakes and/or other lines of demarcation. A block may be located in part within an incorporated city or village.
BOAT SALES AND SERVICE FACILITYAn establishment that is engaged in the retail or wholesale sale or rental, from the premises, of boats and boat trailers along with service, storage or maintenance activities.
BREWERY/DISTILLERYA facility comprising a building or buildings used for the manufacturing, blending, fermenting, processing, and packaging of alcoholic beverages and may include a tasting room, retail space, and food service as an accessory use on the site.
BUILDINGAny permanently fixed structure used or intended for supporting or sheltering any use or occupancy. Except in the Floodplain Overlay District, the term "building" or "structure" does not include recreational vehicles or trailers.
BUILDING, ACCESSORYA structure that:
A. Is subordinate in area, extent and purpose to the principal use;
B. Contributes to the comfort, convenience or necessity of the principal use; and
C. Is located on the same lot and in the same zoning district as the principal use.
BUILDING, COMPLETELY ENCLOSEDA building separated on all sides from the adjacent open space, or from other structures, by a permanent roof and by exterior or party walls, pierced only by windows and normal entrance or exit doors.
BUILDING COVERAGEThe area of a lot covered by buildings or roofed areas, as measured along the outside wall at ground level, and including all projections, other than open porches, fire escapes, canopies and the first three feet of a roof overhang. Ground-level parking, open recreation areas, patios and plazas shall not be counted as building coverage.
BUILDING HEIGHTThe vertical distance from the curb level to the highest point of the underside of the ceiling beams in the case of a flat roof; to the deck line of a mansard roof; and to the mean level of the underside of the rafters between the top of the ceiling joists and the ridge of a gable, hip or gambrel roof. Chimneys, spires, towers, elevators or other accessory equipment, penthouses, tanks or other similar projections shall not be included in calculating the height. Freestanding chimney towers, poles and tanks, when function is related to height, shall also not be included in calculating building height.
BUILDING LINEAn imaginary line running parallel to a lot line, that is the same distance from the lot line as the closest portion of a building on the site.
BUILDING, RESIDENTIALA building which is arranged, designed, used or intended to be used for residential occupancy by one or more families or lodgers.
BULKThe term used to indicate the size and setbacks of buildings or structures and the location of same with respect to one another and lot lines. This term includes regulations dealing with the following:
B. Lot area per dwelling unit.
H. Gross floor area of buildings in relation to total lot area (floor area ratio).
BUSINESSAny occupation, employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials or where services are offered for compensation.
CAMP, INSTITUTIONALA camp operated by a service club, an educational organization or a religious organization.
CAMP, RECREATIONALA tract of land, the principal use of which is to provide outdoor recreational camping facilities for three or more tents and/or recreational vehicles for persons having a bona fide permanent place of abode.
CANNABIS CRAFT GROWERAn organization or business that is licensed by the Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use by a processing organization under the State Cannabis Act.
CANNABIS CULTIVATION CENTERA facility operated by an organization or business that is licensed by the Department of Agriculture to cultivate, process, transport and perform other necessary activities to provide cannabis and cannabis-infused products to cannabis business establishments under the State Cannabis Act.
CANNABIS DISPENSARYA facility operated by an organization or business that is licensed by the Department of Financial and Professional Regulation to acquire cannabis from a cultivation center, craft grower, processing organization, or another dispensary for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia, or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers under the State Cannabis Act.
CANNABIS INFUSERA facility operated by an organization or business that is licensed by the Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product under the State Cannabis Act.
CANNABIS PROCESSORA facility operated by an organization or business that is licensed by the Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product under the State Cannabis Act.
CANNABIS TRANSPORTERA facility operated by an organization or business that is licensed by the Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program under the State Cannabis Act.
CARBON DIOXIDE (CO2) SEQUESTRATIONThe subsurface injection of carbon dioxide (CO2) into deep rock formations. This long-term underground storage is called geologic sequestration. Geologic sequestration refers to technologies to reduce CO2 emissions to the atmosphere and mitigate climate change.
CARPORTA roofed automobile shelter having at least two open sides.
CAR WASHAn establishment primarily engaged in cleaning or detailing motor vehicles, whether by self-service, automatic or by hand.
CATERINGAn establishment engaged in the preparation of food and beverages for consumption at another location. Catering shall not include the manufacturing of food as defined in "food/bakery product manufacturing."
CEMETERYLand used or intended to be used for burial or cremation of the dead, whether human or animal, including a mausoleum or columbarium.
CHILDAny person under 18 years of age. For purposes of admission to and residence in child-care institutions and maternity centers, the term also means any person under 21 years of age who is referred by a parent or guardian, including any agency having responsibility for a person pursuant to Act 405, the Juvenile Court Act of 1987 (705 ILCS 405/1-1).
CHILD-CARE FACILITYAny person, group of persons, agency, association or organization, whether established for gain or otherwise, who or which receives or arranges for care or placement of one or more children, unrelated to the operator of the facility, apart from parents, with or without the transfer of the right to custody in any facility as defined in the Child Care Act of 1969 (225 ILCS 10/1 et seq.) established and maintained for the care of children.
CHILD-CARE INSTITUTIONA child-care facility where more than five children are received and maintained for the purpose of providing them with care or training or both. The term "child-care institution" includes residential schools, primarily serving ambulatory handicapped children, and those operating a full calendar year, but does not include such facilities excluded from the definition of "child-care institution" as cited in the Illinois Child Care Act of 1969 (225 ILCS 10/1 et seq.).
CHURCH; CHAPEL; TEMPLE; and SYNAGOGUEA site used by a bona fide religious group primarily or exclusively for religious worship and related religious services, including a place of worship or retreat site. This definition shall not include church camps or other types of camps as are defined by "camp, institutional" herein.
CLOSED-CUP FLASH POINTThe lowest temperature at which a combustible liquid, under prescribed conditions, will give off a flammable vapor which will burn immediately.
CLUB, PRIVATEA use providing meeting, recreational, or social facilities for a private association, primarily for use by members and guests. Typical uses include private social clubs, lodges, and fraternal organizations.
COLLECTOR ROADA street that provides for traffic movement between arterial roads and local streets, with direct access to abutting property.
COMMITTEEThe Land Use and Transportation Committee of the County Board of McLean County, Illinois.
COMPOSTINGThe biological treatment process by which microorganisms decompose the organic fraction of waste; the process of composting.
COMPREHENSIVE PLANIncludes the composite of the functional and geographic elements of the Comprehensive Plan of McLean County, Illinois, or any future version thereof, or any segment thereof in the form of plans, maps, charts, and textual materials, as adopted by the County Board.
CONSTRUCTION SALES AND SERVICEAn establishment engaged in the retail or wholesale sale of materials used in the construction of buildings or other structures, and the outdoor storage of construction equipment or materials on lots other than construction sites. Typical uses include lumberyards, home improvement centers, lawn and garden supply stores, electrical, plumbing, air conditioning, and heating supply stores, swimming pool sales, construction contractors' storage yards and construction equipment rental establishments.
CONTRACTOR SHOP AND OFFICEA building and/or property where materials and equipment used by contractors are stored and repaired. The contractor's office may also be located within the building or on the same property.
CORRECTIONAL FACILITYA facility providing housing and care for individuals confined for violations of law.
COUNTYMcLean County, Illinois.
COUNTY ENGINEERThe registered professional engineer as appointed by the County Board as head of the Highway Department of McLean County or his designated representative.
CREMATORYA furnace, including any building or structure housing such a furnace, for the burning of dead bodies.
CULTURAL SERVICEA facility providing cultural and educational services to the public. Typical uses include museums, art museums, observatories, planetariums, botanical gardens, arboretums, zoos and aquariums.
DATA CENTERA facility used primarily to house computer servers, data storage systems, and related equipment for the purpose of processing, storing, and managing digital data. Data centers typically include associated infrastructure such as cooling systems, backup power supplies, and network connections, but do not generally provide direct retail or office services to the public.
DAY-CARE CENTERAny child-care facility which regularly provides care for fewer than 24 hours per day for:
A. More than eight children in a family home; or
B. More than three children in a facility other than a family home which is licensed by the Illinois Department of Children and Family Services under the Illinois Child Care Act of 1969 (225 ILCS 10/1 et seq.).
DAY-CARE HOMESFamily homes which receive more than three, up to a maximum of eight, children for fewer than 24 hours a day. The number includes the natural or adopted children and all persons under the age of 12. Such day-care homes shall be licensed by the Illinois Department of Children and Family Services under the Illinois Child Care Act of 1969 (225 ILCS 10/1 et seq.) and allowed as a home occupation.
DECIBELA unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure the intensity of sound shall be calibrated in decibels.
DECISION-MAKER or DECISION-MAKING BODYThe entity (County Board, County department head or board) that is authorized to grant final approval or denial of an application or permit required under this chapter.
DEDICATE; DEDICATIONTransfer of the ownership of a right-of-way or other parcel of land or improvement to a public or private entity without compensation.
DEVELOPMENTAny subdivision of land; any consolidation or accumulation of tracts of land; any material change in the use or appearance of any parcel of land; any activity that affects lot lines, easement locations, number of lots, setbacks, locations of structures, dedications of streets or utilities; or the act of building structures or improvements on land.
DISTRICTA section or part of the unincorporated portion of the County within which certain uniform regulations and requirements or various combinations thereof apply under the provision of this chapter.
DRAINAGEWAY, IMPROVEDA portion of a right-of-way or easement used or intended principally for storm, surface or subsurface drainage which meets or exceeds the design and construction standards for public drainageways.
DRAINAGEWAY, UNIMPROVEDA portion of a right-of-way or easement whose use or intended principal use is storm, surface or subsurface drainage which does not meet or exceed the design and construction standards for public drainageways.
DRIVE-IN ESTABLISHMENTAn establishment which accommodates patrons in motor vehicles from which the occupants may watch, purchase, etc.
DRIVEWAYA private accessway for motor vehicles between a public or private street and one or more structures or off-street parking areas.
DUPLEXThe use of a single lot for two dwelling units within a single building.
DWELLINGA building designed or used principally for residential occupancy, but not including hotels, motels, boarding- or rooming houses, tourist homes, mobile homes or trailers.
DWELLING, FARMA dwelling unit located on a tract of land the principal use of which is the pursuit of agriculture as defined herein with the dwelling unit being clearly accessory and subordinate to such agricultural use, subject to the limitation that such dwelling unit is occupied by or intended for occupancy by the owner of such tract or by a person or persons whose principal occupation is the pursuit of agriculture on such land. A manufactured home/mobile home may be used as a farm dwelling but shall not be set aside on a separate tract as a residential use.
DWELLING UNITA building or portion of a building that contains living facilities for not more than one family and that includes provisions for sleeping, cooking, eating and sanitation. A dwelling unit, as defined herein, shall not include rooms or suites customarily associated with hotels, motels, tourist cabins and other places providing temporary overnight lodging.
EASEMENTThat portion or quantity of land set aside in which a liberty, privilege or advantage in land without profit is dedicated and is distinct from fee ownership of the land and is granted either to the public, a particular person or a combination of both.
ENGINEERA professional engineer licensed in the State of Illinois.
ERECTThe act of placing or affixing a component of a structure upon the ground or upon another such component.
EROSION CONTROL PLANA plan showing a functional means of controlling runoff to prevent sediment from leaving the project site and causing siltation in sewers, lakes, streams or adjacent properties.
ESCROW AGENTA title company, bank, savings and loan association, trust company, attorney or other person, company, or agency approved by the County Board to act as escrow agent.
EXCAVATIONAny act by which organic matter, earth, sand, or other similar material is cut into, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting from said act.
EXISTING BUILDINGAny building erected prior to the adoption of this chapter or for which a legal construction permit has been issued.
EXISTING GRADEThe vertical location of the existing ground surface prior to excavating or filling.
FAMILYOne or more persons related by blood, marriage or adoption or a group of not more than four persons not so related, together with their domestic servants or gratuitous guests, which maintains a common household in a dwelling unit. A family may include not more than two roomers or boarders, whether or not gratuitous or not gratuitous. A family may include the occupants of a foster family or a group home as defined by this chapter.
FARMA tract of land used for agricultural uses as defined herein.
FENCEAn enclosure or barrier, such as wooden posts, wire, iron, etc., used as a boundary, means of protection, privacy screening or confinement, but not including hedges, shrubs, trees or other natural growth.
FENCE HEIGHTThe vertical distance measured from the side of the fence that is exterior to the property or from the lowest adjacent ground level to the top of the fence material. Fence material shall include the support posts and any material attached to said posts. In the case of wire fencing, height shall be measured by the width of the material used, provided that when installed, the material is directly adjacent to the ground level.
FENCE, OPENA fence, including entrance and exit gates, where each one-foot-wide segment for the full length and height of the fence contains at least 70% open space which affords a direct view through the fence or, if said fence has a height of not more than four feet tall, may contain not less than 50% open space.
FENCE, SHARP-POINTEDA barbed fence, a fence with spikes or other sharp points or a razor blade fence.
FENCE, SOLIDA fence, including solid entrance and exit gates, where each one-foot segment for the full length and height of the fence contains less than 70% open space or, if said fence has a height of not more than four feet, contains less than 50% open space.
FENCE, WIREA fence, the principal material of which is wire. This includes, but is not limited to, chain-link fences.
FERTILIZER DISTRIBUTION PLANTPremises or buildings where agricultural fertilizer products are stored, mixed and blended and sold at retail or wholesale, but not including the manufacture of such products.
FILLAny act by which earth, sand, gravel, rock or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported or moved by mechanical means to a new location and shall include the conditions resulting therefrom.
FINAL GRADE; FINISH GRADEThe vertical location of the ground or paving surface after the grading work is completed in accordance with the site development plan.
FINANCIAL ASSURANCEReasonable assurance from a creditworthy party, examples of which include cash, escrow, or irrevocable letter of credit.
FLOOR AREAFor nonresidential buildings or buildings containing both residential and nonresidential uses, "floor area" means the sum of the gross horizontal area of all floors of the building measured from the exterior faces of the exterior walls. For residential buildings, "floor area" shall mean the gross horizontal area of all floors in a dwelling measured from the external faces of the exterior walls. Garages, basements and open porches shall be excluded when measuring residential floor area.
FLOOR AREA RATIOThe numerical value obtained by dividing the gross floor area of a building or buildings by the total area of the parcel of land on which the building or buildings are located.
FOOD STOREAn establishment where food and prepackaged beverages are sold on-site for consumption off-site. A limited amount of food preparation on-site may also be allowed, such as a delicatessen or bakery.
FOSTER FAMILY HOMEA facility for child care in residences of families who receive no more than five children unrelated to them, unless all of the children are of common parentage, for the purposes of providing family care and training for the children on a full-time basis; except the Director of the Department of Children and Family Services, pursuant to departmental regulations, may waive the limit of five children unrelated to an adoptive family for good cause and only to facilitate an adoptive placement. The family's own children, under 18, shall be included in determining the maximum number of children served. The term "foster family home" includes homes receiving children from any state-operated institution for child care or from any agency established by a municipality or other political subdivision of the State of Illinois authorized to provide care for children outside their homes. The types of foster family homes are as defined and cited in the Illinois Child Care Act of 1969 (225 ILCS 10/1 et seq.).
FREE BURNINGImplies a rate of combustion described by a material which burns actively and easily supports combustion.
FREIGHT TERMINALA building or area in which freight brought by truck, rail or air is processed for continued shipment by truck, rail or air.
FREQUENCYThe number of oscillations per second in a sound wave, measuring the pitch of the resulting sound.
FRONTAGE (OF A BLOCK)All of the property fronting on one side of a street. If the street is a dead end, the frontage is measured to the end of the street.
FRONTAGE (OF A LOT)The linear measure between lot lines along a street, roadway or other public way.
FRONTAGE, STREETThe length of a lot line that abuts a public street right-of-way. The frontage of a lot abutting more than one street shall be calculated separately for each street.
FUNERAL HOMEAn establishment engaged in preparing the human deceased for burial, entombment or cremation and arranging and managing funerals.
GARAGE, PRIVATEAn accessory building or an accessory portion of the principal building which is intended and used to store private motor vehicles owned by members of the family or families residing upon the premises, and in which no business, service, or industry is carried on; provided that not more than 1/2 of the space may be rented for the storage of private motor vehicles of persons not residing on the premises, except that all the space in a garage of one- or two-car capacity may be so rented. Such a garage may be used for the storage of not more than one commercial truck having a load capacity of 1 1/2 tons or less.
GAS AND FUEL SALES/STORAGEThe use of a site for bulk storage, distribution and sales of flammable liquid, gas or solid fuel, excluding storage that is clearly ancillary to an allowed principal use on the site such as automotive or truck stop service stations as defined herein.
GLARETo shine with a harsh, uncomfortably brilliant light.
GOLF COURSEA public, semi-public or private grounds over which the game of golf is played, including accessory buildings and land uses incidental to the game and consisting of at least 60 acres of land for each standard nine-hole course; and at least 25 acres of land for each nine-hole "par 3" course.
GOVERNMENT SERVICEBuildings or facilities owned or operated by a government entity and providing services for the public, excluding utilities and park and recreation services. Typical uses include administrative offices of government agencies, utility billing offices, township halls, and township road maintenance buildings and yards.
GRADEThe average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.
GRADINGThe act of excavating or filling or combination thereof and shall include the conditions resulting from any excavation or fill.
GREENHOUSE; NURSERYAn establishment where flowers, trees, and other products that are commonly used as landscaping in and around buildings are grown and sold.
GROUP HOMEA child-care facility which provides care for not more than five children placed by and under the supervision of a licensed child welfare agency, with these homes being owned or rented, staffed, maintained and otherwise operated by the agency. "Group home" also means a dwelling providing shelter to not more than five unrelated persons who are handicapped as defined by this chapter.
GROUP RESIDENTIALThe use of a site for occupancy by groups of more than five persons, not defined as a family, on a weekly or longer basis. Typical uses include fraternity or sorority houses, dormitories, residence halls, and boarding- or lodging houses. The term "group residential" does not include the term "group home."
GUEST ROOMFor the purpose of enforcing the provisions of this chapter regulating bed-and-breakfast establishments, a sleeping room intended to serve not more than two transient guests per night.
HANDICAPWith respect to a person, a physical or mental impairment which substantially limits one or more major life activities; a record of such an impairment; or being regarded as having such an impairment. This term does not include current, illegal use of or an addiction to a controlled substance [as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 902)]. An individual shall not be considered to have a handicap solely because that individual is a transvestite. As used in this definition:
A. "Physical or mental impairment"
(1) Includes:
(a) Any physiological disorder or condition, cosmetic disfiguration, or anatomical loss affecting one or more of the following body systems: neurological; muscular skeletal; special sense organs; respiratory; genito/urinary; speech organs; cardiovascular; reproductive digestive, hemio and emphatic; skin; and endocrine; or
(b) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities.
(2) Includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal controlled substance use) and alcoholism.
B. "Major life activities" means taking care of oneself, performing manual tasks, walking, seeing, speaking, breathing, learning and working.
C. "Has a record of such an impairment" means has a history of or has been classified as having a mental or physical impairment that substantially limits one or more major life activities.
HAZARDOUS OPERATIONActivities that present the potential for serious hazards to human life and health. Typical uses include arsenals, atomic reactors, explosives and fireworks manufacture, hazardous waste disposal, medical waste disposal and radioactive waste handling.
HAZARDOUS SUBSTANCESAny substances or materials that, by reason of their toxic, caustic, corrosive, abrasive or otherwise injurious properties, may be detrimental or harmful to the health of any person handling or otherwise coming into contact with such material or substance.
HEALTH CLUBA facility where members or nonmembers use equipment or space for the purpose of physical exercise. Said facilities may be located both indoors and outdoors.
HELIPORT or HELIPADAn area, either on the ground or on a building, used as a landing pad for helicopters to pick up or discharge passengers or cargo.
HOME OCCUPATIONAny occupation or profession customarily carried on by an occupant of a dwelling unit as a secondary use which is clearly incidental to the use of the dwelling unit for residential purposes.
HOME OFFICEAn incidental and subordinate area in a residential dwelling unit used solely by the occupants of the dwelling unit for limited business activities, including making and receiving phone calls; paper and electronic communications; word processing; data analysis and manipulation. The occupants of the dwelling unit may conduct these activities on behalf of an employer or as a self-employed proprietor.
HOMEOWNERS' ASSOCIATIONAn incorporated, nonprofit organization operating under recorded land agreements through which each lot owner or homeowner in a planned district or other described land area is automatically a member and each lot is automatically subject to a charge for a proportionate share of the expenses for the activities of the organization, such as maintaining common property.
HOSPITALAn institution that: (1) offers services more intensive than those required for room, board, personal services and general nursing care; (2) offers facilities and beds for use beyond 24 hours by individuals requiring diagnosis, treatment, or care for illness, injury, deformity, infirmity, abnormality, disease, or pregnancy; and (3) regularly makes available at least clinical laboratory services, diagnostic X-ray services, and treatment facilities for surgery or obstetrical care, or other definitive medical treatment of similar extent. Hospitals may include offices for medical and dental personnel, central service facilities such as pharmacies, medical laboratories and other related uses.
HOTEL or MOTELAn establishment used, maintained or advertised as a place where sleeping accommodations, in rooms without individual kitchens, are supplied for short-term rent to transient guests. Such establishments provide customary hotel services such as a central desk, maid service and laundry of linens used in the lodging rooms.
HOUSEHOLD HAZARDOUS WASTEWaste that is generated by households that is considered hazardous because of the way if affects humans or reacts with other chemicals. Waste is usually grouped into the following five categories: caustic, explosive, infectious, toxic and radioactive.
INCOMPATIBLE USEA use or service which is incapable of direct association with certain other uses because it is contradictory, incongruous or discordant.
INOPERABLE VEHICLEAny motor vehicle which does not have a current license sticker or from which, for a period of at least six months, the engine, wheels or other parts have been removed, or on which the engine, wheels, or other parts have been altered, damaged, or otherwise so treated that the vehicle is incapable of being driven under its own power. An inoperable motor vehicle shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own motor power for no more than 30 days in order to perform ordinary service or repair operations. "Inoperable motor vehicle" shall also include parts of motor vehicles that are scattered or stacked.
INTEGRATED CENTERA use combining office and warehousing; office and light assembly; or office, warehousing and light assembly activities within the same building. Buildings within integrated centers typically have office storefronts on one side of the structure and loading docks or roll-up doors on the other side. Loading and service areas are screened from view of public rights-of-way, public recreation facilities (e.g., parks, golf courses, etc.) and lower-intensity zoning districts. Integrated centers may have more than one use within the same building and may include retail sales of merchandise as an accessory use.
INTENSE BURNINGImplies a rate of combustion described by a material that burns with a high degree of activity and is consumed rapidly.
INTENSITY (OF USES AND DISTRICTS)References to less restrictive or more restrictive zoning districts refer to the base zoning districts established by Article
IV and represent a progression from the A District as the least intensive zoning district to the M-2 District as the most intensive zoning district. Overlay districts are not included in the zoning district hierarchy. References to less intensive or more intensive uses refer to the zoning districts in which such uses are first permitted. Use "X" is to be construed as more intensive than use "Y" if use "X" is first permitted by right in a zoning district that is more intensive than the district in which use "Y" is first permitted by right.
KENNELBoarding, breeding or training facilities for four or more dogs, cats or other household domestic animals that are more than four months of age, including dogs owned by the occupants of the property. For a lot or tract of land comprising more than 2 1/2 acres, the resident of the property may have one additional such animal for each additional 1 1/2 acre, up to a maximum of seven. See "animal care, general" and "animal care, limited."
LANDFILLA facility permitted by the Illinois Environmental Protection Agency for the disposal of waste on land meeting the requirements of the Resource Conservation and Recovery Act, P.L. 94-580, and regulations thereunder, and without creating nuisances or hazards to public health or safety, by confining the refuse to the smallest practical volume and covering it with a layer of earth at the conclusion of each day's operation, or by such other methods and intervals as the Illinois Pollution Control Board may provide by regulations.
LANDSCAPE AND NURSERY CONTRACTORA business engaged in installation of plant material stock, including wholesale and/or retail sale of such plant stock and other landscaping materials.
LANDSCAPE WASTEAll accumulation of grass or shrubbery cuttings, leaves, tree limbs and other materials accumulated as the result of the care of lawns, shrubbery, vines and trees.
LANDSCAPE WASTE COMPOSTING AND MULCHING FACILITYAn establishment for the composting and mulching of waste materials accumulated as the result of the care of lawns, shrubbery, vines and trees and not accessory to general agriculture as set forth in Article
V.
LAUNDRY PLANTAn establishment that is primarily for cleaning of laundry, rugs and similar materials. This definition does not include laundromats or dry cleaning pick-up stations.
LIBRARYA publicly operated establishment housing a collection of books, magazines, audio- and videotapes, computers and other material for borrowing and use by the public.
LIVESTOCKAnimals kept for use on a farm or raised for sale and profit.
LOADING SPACEAn 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 or other appropriate means of access.
LOCAL STREETA street that provides direct access to abutting land and local traffic movement.
LOTA quantity of land described with such specificity that its location and boundaries may be established and which is designated by its owner or developer as land to be conveyed, used and developed as a unit including any easements.
LOT AREA, GROSSThe area of a horizontal plane bounded by the vertical planes through the front, side and rear lot lines.
LOT, CORNERA lot located at the intersection of two or more streets; or a lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost points of the lot meet at an angle less than 135°.
LOT DEPTHThe distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front of the foremost points of the side lot lines in the rear.
LOT LINEA line dividing one lot from another or from the street right-of-way.
LOT LINE, FRONTThat boundary of a lot which is along the existing or dedicated street or public way. The owner of a corner lot may select either street lot line as the front lot line.
LOT LINE, REARThat boundary of a lot which is most distant from and is or is approximately parallel to the front lot line. If the rear lot line is less than 10 feet in length within the lot or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line 10 feet in length within the lot, parallel to and at a maximum distance from the front lot line.
LOT LINE, SIDEAny boundary of a lot which is not a front or rear lot line.
LOT OF RECORDA lot which is part of a subdivision recorded in the office of the McLean County Recorder or a lot or parcel described by metes and bounds, the description of which has been recorded.
LOT, TRAILERThe area of land assigned to a travel trailer or mobile home in a recreational park or a mobile home in a mobile home park.
LOT WIDTHThe horizontal distance between side lot lines as measured along the required front setback line. In the case of a corner lot, either side along a public street may be designated as the front yard.
LOT, ZONINGA parcel or tract of land used, developed, or built upon as a unit under single ownership or control. Said parcel or tract may consist of one or more lots of record, one or more portions of a lot or lots of record, or any combination thereof.
MANUFACTURED HOME PARKAn area or tract of land where two or more manufactured housing units, mobile homes or mobile home/manufactured housing spaces are rented or held out for rent.
MANUFACTURED HOME, RESIDENTIAL-DESIGNA manufactured home housing unit placed upon a permanent foundation and which contains exterior elements commonly found on other conventionally built single-family detached dwellings.
B. Manufactured features:
(3) Permanent masonry foundation.
C. Architectural details: window elements.
MANUFACTURED HOME SALESAn establishment primarily engaged in the display and sale of mobile homes or manufactured housing units.
MANUFACTURED HOME SPACEA plot of ground within a manufactured home park that can accommodate one manufactured housing unit and that provides necessary utility services.
MANUFACTURED HOUSING UNITA transportable, factory-built structure that is manufactured in accordance with the federal Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. § 5401) and that is designed to be used as a single dwelling unit.
MANUFACTURING AND ASSEMBLYAn establishment engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding "basic industry."
MARINAA facility for the storage (wet or dry), launching and mooring of boats.
MARQUEEAny permanent, rooflike structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
MEDICAL SERVICEAn establishment providing therapeutic, preventive, or corrective personal treatment services on an outpatient basis by physicians, dentists, and other practitioners of the medical or healing arts, and the provision of medical testing and analysis services. Typical uses include clinics and offices for doctors of medicine, dentists, chiropractors, osteopaths, optometrists; blood banks and medical laboratories.
MICRONA unit of length, equal to 1/1,000 part of one millimeter.
MILITARY SERVICEA facility used or intended to be used by a branch of the United States Armed Forces, including military reserves.
MINING or QUARRYINGThe extraction of metallic and nonmetallic minerals, excluding oil or natural gas. Typical uses include sand and gravel pit operations, quarries and mines.
MOBILE HOMEA transportable, factory-built structure that was manufactured prior to enactment of the federal Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. § 5401) and that is designed to be used as a single dwelling unit.
MODELING STUDIOA use or business which provides for a fee or compensation the services of modeling on premises for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise. This does not apply to public or private schools where persons are enrolled in a class.
MODERATE BURNINGImplies a rate of combustion described by a material which supports combustion and is consumed slowly as it burns.
MODULAR HOMEA manufactured residential structure built to a nationally recognized and accepted construction standard published by the Building Officials Conference of America (BOCA) or the International Conference of Building Officials (ICBO) and the unit is inspected and certified at the factory that it meets said standard.
D. Modular features: modules for on-site construction.
MOTOR VEHICLEAny self-propelled vehicle designed primarily for transportation of people and goods along streets, alleys and other public ways.
MULTIFAMILY RESIDENTIALThe use of a site for three or more dwelling units within a single building. Typical uses include triplexes, fourplexes, apartments and residential condominiums.
NATURAL DRAINAGEWatercourses formed in the topography of the earth prior to any man-made changes.
NONCONFORMITYA nonconforming lot, nonconforming use, nonconforming sign or nonconforming structure.
NOXIOUS MATTERThat which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects on the physical or economic well-being of human beings.
NURSING HOMEA use providing bed care and inpatient services for persons needing medical attention but excluding facilities for the care and treatment of mental illness, alcoholism, narcotics addiction, emergency medical services and treatment of communicable diseases.
OCTAVE BANDA term denoting all frequencies between any given frequency and double that frequency.
OCTAVE BAND FILTERAn electrical frequency analyzer designed according to standards formulated by the American Standards Association and used in conjunction with a sound-level meter to take measurements in specific octave intervals.
ODOR THRESHOLDThe minimum concentration of odorous matter in the air that can be detected as an odor.
OFFICE, GENERALAn establishment providing executive, management, administrative or professional services, but not medical or dental services or the sale of merchandise, except as incidental to a permitted use. Typical uses include real estate, insurance, property management, investment, employment, travel, advertising, law, architecture, design, engineering, accounting and similar offices.
OIL OR GAS DRILLING/REFININGThe subsurface extraction of oil or natural gas or the distillation of ethyl alcohol (ethanol) from agricultural crops and the processing of by-products from such distillation.
OPEN SPACEAn outdoor, unenclosed area, located on the ground or on a roof, balcony, deck, porch or terrace designed and accessible for outdoor living, recreation, pedestrian access or landscaping, but not including roads, parking areas, driveways, or other areas intended for vehicular travel.
OPEN SPACE, PRIVATEOpen space within a development that is contained within individually owned lots and which is designed and intended primarily for the private uses of residents or occupants of the lot on which the private open space exists. Private open space shall also include land within a subdivision or development which is owned and maintained by a homeowners' association. Private open space does not include areas utilized for streets, alleys, driveways, private roads, or off-street parking or loading areas. Private open space may include recreational areas such as swimming pools, tennis courts, shuffleboard courts, etc.
OPEN SPACE, PUBLICAny publicly owned open area, including but not limited to the following: parks, playgrounds, forest preserves, waterways, parkways and streets. Public open space does not include areas utilized for streets, alleys, driveways, private roads, or off-street parking or loading areas. Public open space may include recreational areas such as swimming pools, tennis courts, shuffleboard courts, etc.
OPERATORFor the purpose of enforcing the provisions of this chapter regulating bed-and-breakfast establishments, "operator" shall mean the owner of a bed-and-breakfast establishment, or the owner's agent, who is required to reside in the bed-and-breakfast establishment or on contiguous property.
OWNERAny person, firm, association, private corporation or quasi-public corporation or combination of any of these or other legal entity having sufficient proprietary interest in the land sought to be subdivided or developed to commence and maintain proceedings under the provisions of this chapter.
PARCELAll contiguous land used or legally described as a single unit.
PARENT TRACTA continuous tract of land in single ownership from which two or more derivative parcels or lots are created.
PARKING AREA, OFF-STREET; PARKING LOTAn area not on a public right-of-way, exclusive of driveways, which is used for the parking of motor vehicles. For the purpose of computing the number of parking spaces in a lot, all areas used for parking under unified control on the same or contiguous parcels of land shall be considered as one lot.
PARKING LOT, COMMERCIALAn area used or intended to be used for the off-street parking of operable motor vehicles on a temporary basis, other than as accessory parking to a principal use.
PARKING SPACEAn area on a parking lot of sufficient size, according to the provisions of this chapter, to store one passenger vehicle that is connected to a street or alley, drive or driveway and so arranged as to permit ingress and egress of vehicles at all times without maneuvering on a sidewalk and without moving other vehicles parking adjacent to the parking space.
PARKS AND RECREATION AREAA publicly or privately owned park, playground or community facility that provides opportunities for active or passive recreational activities.
PARKWAYThe unpaved land within a street right-of-way which is located between the back of the curb and the right-of-way.
PARTICULATE MATTERDust, smoke or any other form of airborne pollution in the form of minute separate particles.
PERFORMANCE STANDARDA criterion established to control noise, odor, smoke, particulate matter, toxic or noxious matter, vibration, fire and explosion hazards, glare, or heat generated by or inherent in the uses of land or buildings.
PERSONAny association, company, corporation, firm, organization, or partnership, singular or plural, of any kind.
PLANNED DEVELOPMENTA parcel or tract of land, initially under one ownership, which contains one or more principal buildings and one or more principal uses, planned and constructed as a unified development and where certain regulations of this chapter are modified.
POST OFFICEA facility used for the collection, sorting and distribution of United States mail among several zip code areas and having limited retail services for the public, such as the sale of stamps, postcards and postal insurance.
PRINTING AND PUBLISHINGThe production of books, magazines, newspapers and other printed matter, and record pressing and publishing, engraving and photoengraving; but excluding businesses involved solely in retail photocopying, reproduction, photo developing or blueprinting services, which are included within the definition of "retail sales and services" as contained herein.
PRIVATE SEWAGE DISPOSAL SYSTEMAn on-site sanitary sewage system that is designed to provide treatment of sanitary sewage from a single use and is maintained by a private individual or entity.
PROFESSIONAL ENGINEERAn engineer licensed to practice engineering in the State of Illinois who has been found to be qualified to perform the work described herein by the County and the commercial wind energy facility.
PROPERTY LINEThe lines bounding a lot or parcel delineating the land in individual ownership.
PUBLIC IMPROVEMENTSInclude streets, sidewalks, public utilities and other structures, fixtures or land appurtenances which are or are intended to be dedicated to a public or private entity.
RACETRACKSEstablishments providing tracks for the racing of cars, motorcycles, bicycles, horses, dogs or similar types of motor vehicles and animals for viewing by the public.
RAILROAD RIGHT-OF-WAYA strip of land with tracks and auxiliary facilities for track operations, but not including freight depots or stations, loading platforms, train sheds, roundhouses, car or locomotive shops or car yards.
RECREATIONAL AREA, FAMILYPicnic areas, ponds for fishing and/or swimming and camping areas for not more than two tents or recreational vehicles, as herein defined. Such tents or vehicles shall be parked, placed or used on the premises for no more than 45 days in one calendar year with no period of occupancy to extend beyond 15 consecutive days. Mobile homes and/or permanent buildings are not permitted, except buildings used exclusively for shelters open on three sides. Said buildings shall not occupy an area exceeding 600 square feet of land area. Such family recreational area may be used only by the owner, his family and occasional nonpaying guests.
RECREATIONAL VEHICLEAny of the following vehicles which are licensed for travel on the highway: travel trailer (a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreation or vacation, or one permanently identified as a travel trailer by the manufacturer of the trailer); pick-up coach (a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation); motor home (a portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle); and camping trailer (a canvas, material or metal folding structure, mounted on wheels, and designed for travel, recreation and vacation use).
RECREATIONAL VEHICLE PARKLand used or intended to be used for occupancy by recreational vehicles for transient living purposes, including the use of camping spaces for tents.
RECREATION AND ENTERTAINMENT, INDOORAn establishment offering recreation, entertainment or games of skill to the public for a fee or charge and that is wholly enclosed in a building. Typical uses include bowling alleys, indoor theaters, bingo parlors, pool halls, billiard parlors and video game arcades. Indoor recreation and entertainment facilities shall not include facilities that are considered to be parks and recreation areas as defined herein.
RECREATION AND ENTERTAINMENT, OUTDOORAn establishment offering recreation, entertainment or games of skill to the public for a fee or charge, wherein any portion of the activity takes place in the open. Typical uses include archery ranges, batting cages, golf driving ranges, drive-in theaters and miniature golf courses. Outdoor recreation and entertainment facilities shall not include facilities that are considered to be parks and recreation areas as defined herein.
RECYCLINGThe return of municipal solid waste items, most notably glass, paper, aluminum, steel, other metals, motor oil, yard waste and plastics, into a usable product.
RECYCLING COLLECTION CENTERA building and/or site, with more than 1,000 square feet in area, in which source-separated recoverable materials, such as newspapers, glassware and metal cans, are collected, stored, flattened, crushed or bundled prior to shipment to others who will use those materials to manufacture new products. The materials are stored on-site in bins or trailers for shipment to market.
RECYCLING COLLECTION STATIONSAn accessory use or structure that serves as a drop-off station or buy-back station, occupying no more than 1,000 square feet for the collection of recyclable materials.
REGIONAL POLLUTION CONTROL FACILITYAny waste storage site, sanitary landfill, waste disposal, waste transfer station or waste incinerator that accepts waste from or that serves an area that exceeds or extends over the boundaries of any local general purpose government. This includes sewers, sewage treatment plants and any other facilities owned or operated by a sanitary district organized under "An Act to Create Sanitary Sewer Districts and to Remove Obstructions in the Des Plaines and Illinois Rivers," approved May 29, 1889, as now or hereafter amended. The following are not regional pollution control facilities:
A. Sites or facilities located within the boundary of a local general purpose government and intended to serve only that entity;
B. Waste storage sites regulated under 40 CFR 761.42; or
C. Sites of facilities used by any person conducting a waste storage, waste treatment, waste disposal, waste transfer or waste incineration operation or any combination thereof, for wastes generated by such person's own activities, when such wastes are stored, treated, disposed of, transferred or incinerated within the site or facility owned, controlled or operated by such person or when such wastes are transported within or between sites or facilities owned, controlled or operated by such person.
REPAIR SERVICEA use primarily engaged in the provision of repair services to individuals and households, but excluding vehicle repair services. Typical uses include appliance repair shops.
RESERVOIR PARKINGThose off-street parking spaces allocated to automobiles awaiting entrance to a particular establishment.
RESIDENCEThe act or condition of residing or dwelling in a place.
RESTAURANT, FAST-FOODAn establishment primarily engaged in the sale of food and nonalcoholic beverages in a ready-to-consume state and where the design or principal method of operation is that of a fast-food or drive-in restaurant offering quick food service, where orders are generally not taken at the customer's table, where food is generally served in disposable wrappings or containers, and where food and beverages may be served directly to the customer in a motor vehicle.
RESTAURANT, GENERALAn establishment where the principal business is the sale of food and beverages in a ready-to-consume state primarily for on-premises consumption.
RETAILThe sale of commodities or services directly to customers, when such commodities and services are used or consumed by the customer and are not purchased primarily for the purpose of resale.
RETAIL SALES AND SERVICEAn establishment engaged in the sale or rental of goods and services, excluding uses more specifically defined.
REVIEW BODYThe entity (County department head, board, or committee) that is authorized to recommend approval or denial of an application or permit required under this chapter.
RIGHT-OF-WAYA strip of land dedicated or used by the public for vehicular traffic and/or stormwater, surface water or groundwater drainage.
RINGELMANN CHARTA chart that is described in the U.S. Bureau Mines Circular 6888, and on which are illustrated graduated shades of gray for use in estimating the light-obscuring capacity of smoke.
RINGELMANN NUMBERDesignation of the area of the Ringelmann Chart that coincides nearly with the visual density of emissions of light-obscuring capacity of smoke.
RURAL HOME-BASED OFF-PREMISES BUSINESSA home-based business that usually includes large equipment where business is conducted or operated primarily off-premises from the place of residence of the owner of such business, with business activity on the site of such owner's place of residence being limited to the routine maintenance and routine storage of equipment, materials and supplies used in the operation of such business and an accessory office within such owner's dwelling for the operation of such business.
RURAL SPECIALTY FACILITYEstablishments that offer recreational, cultural, social and/or educational activities for the purpose of attracting the public for the enjoyment of the agricultural nature of the area, such as weddings or other similar social or commercial gatherings. A rural specialty facility may also offer or allow limited retail sales in conjunction with or in relation to activities of the facility.
SAFETY SERVICEA facility for conduct of safety and emergency services, including fire and police protection services and emergency medical and ambulance services.
SALVAGE YARDA lot, land or structure, or part thereof, used primarily for the collecting, dismantling, storage and salvaging of machinery or vehicles that are not in operating condition, or for the sale of parts thereof. Unless conducted entirely within enclosed buildings, this also includes a lot or land where waste or scrap materials of any type, including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles, are bought, sold, exchanged, stored, baled, packed, disassembled or handled. Typical uses include automobile salvage yards and junkyards.
SEED SALES, AGRICULTUREPremises or buildings where agricultural seed products are stored and sold at retail or wholesale.
SERVICE STATION, AUTOMOTIVEA use primarily engaged in the retail sale of gasoline or other motor fuels primarily to automobiles and passenger vehicles, along with accessory activities such as the sale of lubricants, accessories, or supplies, the lubrication of motor vehicles, and the minor adjustment or repair of passenger motor vehicles. Uses involved primarily in the sale of diesel fuel, gasoline or other fuels to tractor trucks and uses that feature parking, storage or servicing of tractor trucks or semi-trailers shall be classified as "truck stop service stations."
SERVICE STATION, TRUCK STOPA use primarily engaged in the sale of diesel fuel, gasoline or other fuels to tractor trucks, along with accessory activities such as the sale of lubricants, accessories or supplies, or the servicing of tractor trucks or semi-trailers. A truck stop service station may include, as an accessory use, the parking and storage of tractor trucks and semi-trailers for a short period of time not exceeding five days.
SETBACKThe minimal longitudinal distance between the building or structure line and the related lot line abutting a street.
SETBACK, EXTERIOR FRONTA setback that is to extend across the full width of a lot between the street right-of-way line and a line parallel thereto on the lot.
SETBACK, EXTERIOR STREET SIDEA setback that is to extend from the street right-of-way line to the rear lot line along the side of a lot that is adjacent to a street or street right-of-way line, the required depth of which is measured as the minimum horizontal distance between the side lot line and a line parallel thereto on the lot.
SETBACK, INTERIOR REARA setback that is to extend across the full width of a lot, the required depth of which is measured as the minimum horizontal distance between the rear lot line and a line parallel thereto on the lot.
SETBACK, INTERIOR SIDEA setback that is to extend from the street right-of-way line to the rear lot line along the side of a lot that is adjacent to another lot, the required depth of which is measured as the minimum horizontal distance between the side lot line and a line parallel thereto on the lot.
SHOOTING RANGE, PUBLIC, SEMI-PUBLIC OR PRIVATEA premises used for target shooting with rifles, muskets or pistols; or for skeet or trap shooting. Such shooting range may include as an accessory use a clubhouse, maintenance building, facilities for serving food and refreshments and the sale of shooting supplies for use on the range. A shooting range does not include a premises used for such purposes by the individual owner, members of the household and nonpaying guests when accompanied by the individual owner or a member of the household.
SIDEWALKA tract of land used or intended principally for pedestrian passage.
SINGLE-FAMILY, ACCESSORYA single-family dwelling unit located within a building containing a commercial use and which is accessory to the commercial use.
SINGLE-FAMILY, ATTACHEDThe use of a lot for one dwelling unit that is attached to at least one other dwelling unit by common or abutting walls and with each dwelling unit located on its own separate lot. Typical uses include duplexes, townhouses and condominiums. This definition shall exclude mobile homes.
SINGLE-FAMILY, DETACHEDThe use of a lot for only one principal dwelling unit that is not connected to any other dwelling unit. This definition shall exclude mobiles homes.
SINGLE-FAMILY DETACHED FARM DWELLINGA single-family dwelling unit located on a tract of land whose principal use is the pursuit of an agricultural use as defined herein, with the dwelling unit being clearly accessory and subordinate to such agricultural use, subject to the limitation that such a dwelling unit is occupied by or intended for occupancy by the owner of such tract or by a person or persons whose principal occupation is the pursuit of agriculture on such land.
SINGLE-FAMILY ZERO-LOT-LINE DWELLINGA single-family dwelling that does not adjoin any other dwelling and is located on a lot that does not extend beyond the exterior of the building in which the dwelling is located.
SLOW-BURNING or INCOMBUSTIBLEImplies materials which do not in themselves constitute an active fuel for the spread of combustion. A material which will not ignite or actively support combustion during an exposure for five minutes to a temperature of 1,200° F. shall be designated "combustible."
SMOKE UNITS, NUMBER OFThe number obtained by multiplying the smoke density in Ringelmann number by the time of emission in minutes. For the purpose of this calculation:
A. A Ringelmann density reading is made at least once every minute of the period of observation;
B. Each reading is then multiplied by the number of minutes during which it is observed; and
C. The various products are then added together to give the total number of smoke units observed during the total period under observation.
SOLID WASTE COLLECTION/PROCESSINGRecycling collection centers, incinerators, processing facilities, materials recovery facilities, solid waste transfer stations or any facility where municipal solid wastes are salvaged, sorted, processed or treated.
SOLID WASTE TRANSFER STATIONA solid waste facility at which solid waste is transferred from collection vehicles (some sorting may occur) to long-distance hauling vehicles for transportation to a central solid waste management facility for processing, disposal, incineration or resource recovery.
SOUND LEVELThe intensity of sound, measured in decibels produced by an operation or use.
SOUND LEVEL METERAn instrument standardized by the American Standards Association for measuring the intensity of sound.
SOURCE-SEPARATIONMaterials that are separated from the municipal solid waste stream at the point of origin for the purpose of recycling; for example, households separating paper, glass and aluminum from the rest of the solid waste.
SPECIFIED SEXUAL ACTIVITIESA. Sexual conduct, being acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's unclothed genitals, pubic area, buttocks or, if such person is a female, her breast;
B. Sexual excitement, being the condition of human male or female genitals when in a state of sexual stimulation or arousal; or
C. Sadomasochistic abuse, being flagellation or torture by or upon a person or the condition of being fettered, bound or otherwise physically restrained.
STABLE, PRIVATEA building, structure or area of land which is located on a lot on which a dwelling is located and which is designed, arranged, used or intended to be used for housing horses for the private use of occupants of the dwelling unit but in no event for hire.
STABLE, PUBLICA building where horses are kept for compensation, hire or sale.
STAND, ROADSIDEA structure for the display and sale of only farm products which are produced on the premises.
STOCKYARDA non-farm-based facility used or intended to be used for selling or holding livestock, but not including an animal feeding operation as defined by the Illinois Environmental Protection Act.
STORYThat portion of a building included between the surface of any floor and the surface of the floor next above, or if there is no floor above, the space between the floor and the ceiling next above it, and in the case of a split-level story, the surface of the floors at different elevations and the ceilings next above such floors, provided that there is not more than a four-foot difference in elevation between the levels of the floors of such a story. A basement as herein defined shall not be considered a story for the purposes of this chapter.
STORY, HALFA partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than three feet above the floor of such story, except that any partial story used for residence purposes, other than for a janitor or caretaker or his family, or by a family occupying the floor immediately below it, shall be deemed a full story.
STREETThat portion of a public right-of-way used and maintained by the public which affords the principal means of access to adjacent lots of record or premises and meets the design and construction standards for the classification it holds under this chapter.
STREET LINEThe dividing line between a lot and a contiguous street. If said contiguous street is established by easement rather than by dedicated right-of-way, the street line shall be established by measuring from the center line of said roadway half the right-of-way width if said roadway were dedicated.
STRUCTURAL ALTERATIONSAny change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any complete rebuilding of the roof or the exterior walls. The following shall not be considered structural alterations:
A. Attachment of a new exterior where structural supports are not changed;
B. Addition of fire escapes where structural supports are not changed;
C. New windows where lintels and support walls are not materially changed; or
D. Repair or replacement of nonstructural members.
STRUCTUREAnything that is built or constructed, including, but not limited to, any usable, permanent, in-place device or appliance within the lot making a projection of six inches (15 cm) or more above grade and having a base greater than 12 square feet (one square meter). This does not, however, exclude such underground or surface structures such as tunnels, future foundations, or swimming pools in whole or in part below grade.
SUBDIVISION PLATThe configuration of lots of record, outlots, public rights-of-way and land improvements which result from subdividing land in accordance with the provisions of Chapter
317, Subdivision of Land.
SURETY BONDA bond approved by the County Board posted with a surety company to guarantee a developer's performance of improvements.
SURETY COMPANYA surety, title, or insurance company approved by the County Board to act as surety.
TEMPORARY USEA use which is only allowed for a specified period of time. Typical temporary uses include, but are not limited to, Christmas tree sales, garage sales, roadside stands, etc.
TENTA structure or enclosure, the roof of which and/or 1/2 or more of the sides of which are constructed of a silk, cotton, canvas, or nylon fabric or a similar light material.
THREE-COMPONENT MEASURING SYSTEMDenotes instrumentation which can measure earth-borne vibrations in three directions (those occurring in a horizontal as well as vertical plane).
THROUGH LOTSee definition of "lot, double frontage" contained herein.
TOWER, METEOROLOGICALA tower which has equipment attached to it which is designed to assess wind and other atmospheric data, and accessory equipment and buildings.
TOWER, TELECOMMUNICATIONSA tower used to hold facilities of a telecommunications carrier such as those of a cellular telephone provider, and accessory equipment and buildings.
TOXIC MATTER OR MATERIALSMaterials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts.
TRACTSee definition of "parcel" contained herein.
TRAILERAny vehicle, or any portable or mobile vehicle on wheels, skids or rollers, or blocks, either self-propelled or propelled by any other means, which is used or designed to be used for dwelling, lodging, commercial, or agricultural purposes. For the purposes of this chapter, such vehicle or any portable or mobile vehicle shall be classified as a trailer whether or not it has been placed on a permanent foundation with its hitch and rolling equipment removed and whether or not an addition thereto has been built on the ground.
TRANSIT FACILITYA facility used or intended to be used as an area of loading, unloading and interchange of transit passengers. Typical uses include bus terminals, rail stations, park-and-ride facilities, and passenger-related mass transit facilities.
TRANSITIONAL LIVING FACILITYA state-licensed group care home for juvenile delinquents, halfway houses providing residence, rehabilitation and counseling to persons on release from a more restrictive custodial confinement, and residential rehabilitation treatment centers which also may provide outpatient rehabilitation for alcohol and other drug abuse.
TRANSITION BELTAn area which may be required along the rear lot line and interior side lot lines of lots which are immediately adjacent to a different zoning district or to a different use. Such transition belt, when required, shall consist of a strip of land lying immediately adjacent and parallel to the full length of a side or rear lot line, extending into the lot a specified width. In no case shall the transition belt encroach into the front yard. Such transition belt shall be unobstructed except by a required transition screen, and shall not contain driveways or parking or loading facilities.
TRANSITION SCREENA screen located in a transition belt, such screen meeting the specifications set forth in Article
VII.
TRUCKING FACILITYThe business office or the parking, repair or storage facility for vehicles and/or equipment used for the business of transporting goods on trucks. Such use does not include the storage, processing, or loading and unloading of goods transported.
USEThe purpose or activity for which the land, or building thereon, is designed, arranged, or intended, or for which it is occupied or maintained, and shall include any manner of performance of such activity with respect to the regulations of this chapter.
USE, ACCESSORYA use that:
A. Is subordinate in area, extent and purpose to the principal use;
B. Contributes to the comfort, convenience or necessity of the principal use; and
C. Is located on the same lot and in the same zoning district as the principal use.
USE, PERMITTEDA use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and performance standards, if any, of such districts.
USE, PRINCIPALThe primary use and chief purpose of a lot or structure.
USE, SPECIALA use, either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in any particular district or districts.
UTILITY, MAJORGenerating plants; electrical switching facilities and primary substations; water and wastewater treatment plants; water tanks; and radio, television and microwave transmission towers; and similar facilities of agencies that are under public franchise or ownership to provide the public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection or other similar service, wind energy conversion systems (WECS), and solar power generating facilities, including wholesale generators and/or qualifying facilities. The term "utility" shall not be construed to include corporate or general offices; gas or oil processing; manufacturing facilities; postal facilities; or other uses defined herein. In addition, utilities that are exempt as specified in Article
I of these regulations shall not be considered to be major utilities as defined herein.
UTILITY, MINORServices and facilities of agencies that are under public franchise or ownership to provide services that are essential to support development and that involve only minor structures, such as poles and lines.
VEHICLE AND EQUIPMENT SALESAn establishment engaged in the retail or wholesale sale or rental, from the premises, of motorized vehicles or equipment, along with incidental service or maintenance activities. Typical uses include new and used automobile and truck sales, automobile rental, boat sales, motorcycle sales, moving trailer rental, and farm equipment and machinery sales and rental.
VEHICLE/EQUIPMENT STORAGE YARDAn outdoor area used or intended to be used for long-term storage of vehicles and equipment, other than a commercial parking lot or accessory parking to a principal use.
VEHICLE REPAIRA use providing automobile repair or maintenance services within completely enclosed buildings, but not including general vehicle repair services.
VIBRATIONThe periodic displacement, measured in inches, of earth.
VOCATIONAL SCHOOLA use providing education or training in business, commercial trades, language, arts or other similar activity or occupational pursuit, and not otherwise defined as a "college or university" or "school."
WAREHOUSE, SELF-STORAGEAn enclosed storage facility containing independent, fully enclosed bays that are leased to individuals exclusively for dead storage of their household goods or personal property.
WAREHOUSING AND WHOLESALEAn establishment primarily engaged in the storage or sales of materials, equipment, or products or sales to wholesalers or retailers. Typical uses include cold storage, warehousing and dead storage facilities, but excluding self-storage warehouses and sales of goods to the general public.
WASTEAny garbage, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility or other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include, solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the Clean Water Act or sources, special nuclear, or by-product materials as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 921) or any solid or dissolved material from any facility subject to the Federal Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87) or the rules and regulations thereunder or any law or rule or regulations adopted by the State of Illinois pursuant thereto.
WELDING OR MACHINE SHOPA workshop where machines, machine parts, or other metal products are fabricated. Typical uses include machine shops, welding shops and sheet metal shops.
WIND ENERGY CONVERSION SYSTEM (WECS)All necessary devices that together convert wind energy into electricity, including the rotor, nacelle, generator, WECS tower, electrical components, WECS foundation, transformer, and electrical cabling from the WECS tower to the substations.
A. WECS TOWERThe support structure to which the nacelle and rotor are attached.
B. WECS TOWER HEIGHTThe distance from the tip of the rotor blade at its highest point to the top surface of the WECS foundation.
WIND ENERGY SYSTEM, SMALLA wind energy conversion system consisting of a single wind turbine, single tower, and associated control or conversion electronics that generates power for an individual property for the purpose of reducing on-site consumption of utility power.
WINERYA facility comprised of a building or buildings used to convert fruit juices to wine, and to age, bottle, store, distribute and sell said wine. A winery includes crushing, fermenting, and refining, bottling, blending, bulk and bottle storage, aging, shipping, receiving, laboratory equipment and maintenance facilities, sales, and administrative office functions, and may include tasting and winery promotional events.
ZONING ENFORCEMENT OFFICEThe office of the Director of Building and Zoning of McLean County from which the Director of Building and Zoning, and such deputies or assistants as may be duly appointed by the County Board, administers and enforces the provisions of this chapter and makes such determinations, interpretations and orders as are necessary therefor, and requires such plats, plans, and other descriptive material in connection with applications for permits as are necessary for him/her to judge compliance with this chapter in accordance with regulations set forth in this chapter.
ZONING MAPThe map adopted by the County Board in accordance with Chapter 55 of the Illinois Compiled Statutes or any other statute enacted in lieu thereof showing all zoning district boundaries in the unincorporated areas of McLean County, Illinois.