This Code shall be known, cited and referred to as the City of Moline Zoning and Land Development Code, as referred to herein, where it shall be known as “this Code.”

   This Code is enacted pursuant to the authority granted by the Illinois compiled Statutes and Article III, Section 6 of the Illinois Constitution of 1920. Statutory references are provided within the body of this Code solely as a means of assisting the reader. Such references are not to be considered as all inclusive and shall in no manner be construed so as to limit the application or interpretation of this Code.

   In enacting this Code, special attention has been given to ensuring a direct relationship of these regulations to the City of Moline’s Comprehensive Plan. The general intent of this Code is to implement certain goals and objectives of the Comprehensive Plan which are best addressed through zoning and other land development regulations, as enabled by the Illinois compiled Statutes and Article III, Section 6 of the Illinois Constitution of 1920.

   (a)   RATIONALE . Throughout this Code, paragraphs labeled “Rationale” are included to ensure a complete understanding of the purpose and reasoning of the City in adopting that particular portion of this Code. Each Rationale is intended as an official statement of the legislative findings or purposes, and shall be treated in the same manner as other aspects of legislative history, and shall serve to guide the administrative and judicial interpretation of this Code. The specific rationale expressed in each Rationale section is not intended to be exhaustive, and other non-explicit rationale may also be applicable.

   (b)   APPEARANCE OF ORDINANCE TEXT . The underlined, boldfaced, italicized, alternative point-sized, and/or capitalized typefaces used in this Code are inserted only for convenience, and are in no way to be construed as part of the provisions of this Code or as a limitation of the scope of the particular sections or subsections to which they refer.

   (a)   The overall purpose of this Code is to implement the City of Moline’s Comprehensive Plan and Official Map to the extent possible under zoning, subdivision, and other land development regulations, as permitted by and in accordance with law.

   (b)   This Code is designed to control and lessen congestion in the streets, to secure safety from fire, panic and other dangers, to preserve, protect, and promote the public health, safety, and the general welfare; to avoid legal and other problems by requiring that subdivided land be properly monumented and recorded; to preserve the natural beauty and topography to the maximum feasible extent; to promote adequate light and air; to encourage protection of groundwater resources; to protect against injury or damage caused by fire, pollution, flooding, stormwater runoff, or erosion and sedimentation; to prevent the overcrowding of lands; to avoid undue concentration of population; to preserve, protect and promote property values; to provide safe and convenient access to new developments by requiring the proper location, design, and construction of streets and sidewalks; to reduce the cost of installing and maintaining adequate water mains, sanitary sewers, stormwater sewers, and other utilities and services; to provide for the acceptance of lands for public rights-of-way; to provide a pleasant living environment by furthering the orderly layout and use of land; and to create an environment conducive to the productive development of the City and to ensure that adequate provision of transportation, water, sewerage, schools, parks and other similar public facilities can be made available to serve the residents of current and new developments.

   (c)   Specifically, this Code is adopted for the purpose of protecting the public health, safety, morals, comfort, convenience and general welfare by implementing certain goals and objectives of the Comprehensive Plan. Additional purposes of this Code are specified throughout this Code.

   Rationale: In developing the specific regulations of this Code, much effort has gone into balancing the components (including the Official Zoning Map). This Code represents the cohesive result of carefully considering plan implementation practices. Amendments to these provisions and/or the Official Zoning Map shall seriously consider the effect of such changes on the interrelationships which exist within this Code, and between this document, the Comprehensive Plan, and related long-range planning policies and programs.

   Most of the zoning districts in this Code are contained in the Illinois Quad Cities Unified Zoning Code (IQCUZC) dated May 2002. However, several of the zoning districts and some of the development standards found in the Unified Code are not included in this Code as they were found to be inconsistent with the adopted Moline Comprehensive Plan. Likewise, of the districts and development standards from the IQCUZC that are included in this Code, some modifications have been made as necessary to achieve consistencies with and fully implement the adopted Moline Comprehensive Plan. Similarly, some additional development standards have been included in this Code that are not contained in the Unified Code. In some instances these modifications and additions to the Unified Code are highlighted in this Code to assist readers who have familiarity with the Unified Code. It is the intention of the City, however, that in every instance where there are differences between the codes, whether noted or not, the provisions of the Moline Zoning and Land Development Code shall prevail.

   (a)   It is hereby declared to be the intention of the City Council that the several provisions of this Code are separable in accordance with the following:

   (1)   If any court of competent jurisdiction shall adjudge any provision of this Code to be invalid, such judgment shall not affect any other provisions of this Code not specifically included in said judgment.

   (2)   If any court of competent jurisdiction shall adjudge invalid the application of any portion of this Code to a particular property, water body, building, or structure, such judgment shall not affect the application of said provision to any other property, water body, building, or structure not specifically included in said judgment.

   (3)   If any requirement or limitation attached to an authorization given under this Code is found invalid, it shall be presumed that the authorization would not have been granted without the requirement or limitation and, therefore, said authorization also shall be invalid.

   (4)   The City does not guarantee, warrant, or represent that only those areas designated as floodlands will be subject to periodic inundation and hereby asserts that there is no liability on the part of the City, its officers, employees, agents, or representatives for any flood damages, sanitation problems, drainage problems or damages, or structural damages.

   (b)   Except as may be provided otherwise by statute or ordinance, no office, board member, agent, or employee of the City shall be personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of duties set forth under this ordinance. (See “Local Governmental and Governmental Employees Tort Immunity Act,” 745 ILCS 10/1-101, et seq.)

   Any suit brought against any officer, board member, agent, or employee of the City, as a result of any act required or permitted in the discharge of duties under this ordinance, shall be defended by the City Attorney until the final determination of the legal proceedings.

   It is not intended that this Code abrogate or interfere with any constitutionally protected vested right. It is also not intended that this Code abrogate, repeal, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations or permits previously adopted or issued pursuant to law.

   (a)   In their interpretation and application, the provisions of this Code shall be held to be the minimum requirements for the promotion of public health, safety, morals and welfare, and shall be liberally construed in favor of the City and shall not be construed to be a limitation or repeal of any other power now or hereafter possessed by the City of Moline.

   (b)   Where property is affected by the regulation imposed by any provision of this Code and by any other governmental regulations, the regulations which are the most restrictive or which impose higher standards or requirements shall prevail. Regardless of any other provision of this Code, no land shall be developed or used, and no structure erected or maintained in violation of any state or federal regulations. Thus, in accordance with state law, whenever this ordinance imposes higher standards than the county subdivision ordinance, said higher standards shall supersede the county regulations in the unincorporated territory located within the City of Moline’s subdivision jurisdiction.

   (c)   No structure, land, water or air shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a building permit, except those specifically exempted by the building code, and without full compliance with the provisions of this Code and all other applicable local, county and state requirements.

   (d)   Nothing herein contained shall require any changes in plans, construction, size or designated use of any building or part thereof, for which a zoning certificate or building permit has been issued before the effective date of this Code and the construction of which shall have been started within six (6) months from the date of such permit.

   (e)   Except as provided in this Code, under provisions for Nonconforming Uses (Sec. 35-3111), Nonconforming Sites and Structures (Sec. 35-3112), Nonconforming Lots (Sec. 35-3110), no building, structure, development or premises, shall be hereinafter used or occupied and no applicable permit granted, that does not conform to the requirements of this Code.

   (f)   In cases of mixed-occupancy or mixed-use, the regulations for each land use shall apply to the portion of the structure or land so occupied or so used.

   (g)   Except for outlots that are exclusively used for permanently protected green space area, no yard or other open space shall be considered as providing a yard or open space for a building or structure on any other lot.

   (f)   This ordinance is not intended to abrogate any easement, covenant, deed restriction, or any other private agreement or restriction; provided, that, where the provisions of this ordinance are more restrictive or impose higher standards or regulations than such easement, covenant, deed restriction, or other private agreement or restriction, the provisions of this ordinance shall govern. Where the provisions of the easement, covenant, deed restriction or private agreement or restriction impose duties and obligations more restrictive, or higher standards than the requirements of this ordinance or the determination of the City in approving a subdivision or in enforcing this ordinance, and such private provisions are not inconsistent with this ordinance or determinations thereunder, then such private provisions shall be operative and supplemental to this ordinance and determinations made thereunder. The City does not purport to enforce any such private provisions not reflected on the plat and its supporting documents and unless there is expressed in the nature of the document and the approval process an intent to give the City enforcement rights over same.

   Except as otherwise expressly stated, this Code is applicable to all territory located within the corporate limits of the City of Moline.

   The City of Moline has subdivision jurisdiction over all land within the corporate limits of the City and within the unincorporated areas of Rock Island County that are located within 1.5 miles of the City’s corporate limits. The City may elect to defer subdivision jurisdiction to another municipality in accordance with an intergovernmental agreement or pursuant to state law.

   Except as otherwise expressly sated in this Code or in the Illinois Plat Act, no land that is within the City’s subdivision jurisdiction may be subdivided or developed except in compliance with all applicable regulations and procedures of this Code and applicable provisions of state law.

   No lot in any subdivision may be conveyed until all of the following have occurred:

   A final plat of the subdivision has been approved in accordance with the applicable subdivision procedures of Article II and recorded in the office of the Rock Island County Recorder of Deeds; and

   The portion of an approved and recorded subdivision in which the lot is located has been improved in accordance with the infrastructure and public improvement standards of Article IV, Division 2, or until a performance guarantee has been provided in accordance with Sec. 35-4209.

   No building permits or certificates of occupancy may be issued for lots conveyed in violation of this section.

   (a)   This Code, in part, carries forward by re-enactment some of the provisions of the regulations governing zoning and related matters, being previously known collectively as the “Moline Zoning Ordinance,” Chapter 35 of the Code of Ordinances for the City of Moline, adopted prior to the effective date of this Code. It is not the intention of this Code to repeal, but rather to re-enact and continue in force such existing provisions so that all rights, obligations and responsibilities that have accrued thereunder are preserved and may be enforced, unless explicitly surrendered by specific provisions of this Code or altered by the Official Zoning Map.

   (b)   All provisions of Chapter 35 of the City of Moline Code of Ordinances which are not re-enacted herein are hereby repealed.

   (c)   The adoption of this Code shall not adversely affect the City’s right to prosecute any violation of the predecessor zoning ordinance provided the violation occurred while the Ordinance was in effect.

   All plans approved under previous zoning regulations shall be valid and may be used to obtain permits for a period of not more than one (1) year after the effective date of this Code, except where subject to the provisions of an executed development agreement. This Code shall become effective upon passage and publication according to law, following the date of repeal and re-enactment of the Official Zoning Map.

   Any submittal or application required for land development within this chapter shall be accompanied by a fee as set forth in “The Development Review Application Fee Schedule” as adopted by the City Council, from time to time, by a separate resolution, unless a fee is otherwise specifically set forth within this chapter. “The Development Review Application Fee Schedule” shall be maintained in the office of the City Clerk, and available for review and inspection by the public, during normal business hours. Said schedule shall also be a part of the written administrative policies and supplemental procedures pertaining to the processing of subdivision applications maintained by the zoning administrator.

   Any person who is convicted of a violation of this chapter shall be guilty of a petty offense and shall be fined not more than seven hundred fifty dollars ($750.00). Each day that a violation continues shall be considered a separate offense.

   Nothing contained in this section shall prevent this municipality from taking any other lawful action that may be necessary to secure compliance with this ordinance.

   The purpose of this Division 2 is to define words, terms and phrases contained in this Code which are essential to the understanding, administration and enforcement of this Code, and which are not part of common English usage.

   The interpretation of this Code shall abide by the provisions and rules of this section, except where the context clearly requires otherwise, or where the result would clearly be inconsistent with the manifest intent of this Code.

   (1)   Words used or defined in one tense or form shall include other tenses and derivative forms.

   (2)   Words in the singular number shall include the plural number, and words in the plural number shall include the single number.

   (3)   The masculine gender shall include the feminine, and vice versa.

   (4)   The words “shall,” “must” and “will” are mandatory.

   (5)   The words “may,” “can” and “might” are permissive.

   (6)   The word “person” includes individuals, firms, corporations, partnerships, associations, trusts, and any other legal entity.

   (7)   The word “City” shall mean the City of Moline, Illinois.

   (8)   The word “County” shall mean the County of Rock Island, Illinois.

   (9)   The word “State” shall mean the State of Illinois.

   (10)   The word “Commission” shall mean the City of Moline Plan Commission.

   (11)   The words “Council” and “City Council” shall refer to the City of Moline City Council.

   (12)   If there is any ambiguity between the text of this Code and any caption, illustration, or table, the text shall prevail.

   The following abbreviations in this Chapter are intended to have the following meanings:

 

The following words, terms and phrases, wherever they occur in this Code, shall have the meanings ascribed to them by this section. Definitions shown in italics are unique to this Code and are not included in the Unified Code. Definitions provided by this section include:

   Abutting. Having a common border with.

   Access. A means of vehicular or non-vehicular approach, entry to or exit from a property, street or highway.

   Access, direct. A means of vehicular or non-vehicular approach, entry to, or exit from a property immediate physical connection to a road or right-of-way abutting a property.

   Access, secondary. A means of vehicular or non vehicular approach, entry to, or exit from property from a source other than a public street or highway.

   Accessory building or use:

      a.   Accessory Structure. A subordinate structure, including Accessory Dwelling Units, as further defined in Sec. 35-3411(a) of this Code, detached but located on the same lot of record as the principal structure, the use of which is incidental and accessory to that of the principal structure.

      b.   Accessory Use. A structure or use that: (a) is clearly incidental to and customarily found in connection with a principal building or use; (b) is subordinate to and serves a principal building or a principal use; (c) is subordinate in area, extent, or purpose to the principal building or principal use served; (d) contributed to the comfort, convenience, or necessity of occupants, business, or industry in the principal building or principal use served; and (e) is located on the same lot as the principal building or use served, including Accessory Dwelling Units, as further defined in Sec. 35-3411(a) of this Code.

   Acre. 43,560 square feet.

   Activity center. An area which is typified by a concentration of nonresidential and/or multi- family development.

   Addition. Any walled or roofed expansion to the perimeter and/or height of a building which is connected by a common load-bearing wall. Any walled and roofed expansion, which is connected by a fire wall or is separated by independent perimeter load-bearing walls, is new construction.

   Adjacent. Abutting, or being located directly across a right of way from, a separate lot.

   Adequate public facilities and services. Transportation , water, sewer, stream water, parks and open space, electrical, gas, telecommunications, infrastructure and police, fire, sanitation, recreation and library services available to serve proposed development at levels of service equivalent to those being provided to existing development.

   Agrivoltaics. A solar energy system co-located on the same parcel of land as agricultural production, including crop production, grazing, apiaries, or other agricultural products or services.

   Airport (land use). See Sec. 35-3409(a).

   Alley. A public right-of-way which affords a secondary means of vehicular access to the side or rear of premises that front on a nearby street.

   Appeal. A means for obtaining review of a decision, determination, order, or failure to act pursuant to the terms of this Code as expressly authorized by the provisions of Sec. 35-2208.

   Arterial street. See Street, Arterial.

   Average ground elevation. The average level of the finished surface of the ground adjacent to the exterior walls of a building or structure.

   Balcony. An outside deck located at least on the second floor or any higher floor of a building that can be cantilevered or supported on piers.

   Basement. A portion of a building located partly underground, but having one half or less of its floor to ceiling height below the average grade of the adjoining ground.

   Bed and breakfast establishment (land use). See Sec. 35-3411(1).

   Bedroom. A room in a residence marketed, designed, or otherwise likely to function primarily for sleeping.

   Block. An area of land entirely bounded by any combination of streets parks, cemeteries, railroad rights-of-way, waterways, or corporate boundary lines.

   Boarding house (land use). See Sec. 35-3405(l).

   Bufferyard. Any permitted combination of distance, vegetation, fencing and berming which results in a reduction of visual and other interaction with an adjoining property. See Sec. 35-5207.

   Building. Any permanently anchored structure used or intended for supporting or sheltering any use or occupancy. When a building is divided into separate parts by unpierced walls, each part shall be deemed a separate building (see structure).

   Building, completely enclosed. A building separated on all sides from the adjacent open space, or from other buildings or other structure, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.

   Building coverage. The percentage of a lot covered by principal and accessory buildings, including all structures with a roof.

   Building envelope. A component of a group development which conforms to the lot lines of developments which are not group developments, in that required minimum setback distances are measured from the building envelope line.

   Building front. That exterior wall of a building which faces the front lot line of the lot.

   Building height. The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, which ever yields a greater height of the building:

      a.   The elevation of the highest adjoining sidewalk or ground surface within a five foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above the lowest grade.

      b.   An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface described in (a) above, is more than 10 feet above the lowest grade.

      c.   The height of a stepped or terraced building is the maximum of any segment of the building.

   Building line. A line on a lot, generally parallel to a lot line or road right of way line, located a sufficient distance therefrom to provide the minimum yards required by this Code. The building line determines the area in which buildings are permitted subject to all applicable provisions of this Code. This is also referred to as a "setback."

   Building Mounted Solar Systems. An assembly of components which captures radiant energy from the sun to provide heat, electricity, or other usable form of converted energy to onsite buildings and structures. Attached solar energy systems typically consist of an array of solar cells, photovoltaic panels, and/or thermal collectors mounted to a building, and also include inverters, batteries, and interconnection wiring.

   Building, principal. A building in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located.

   Building separation. The narrowest distance between two buildings. See Minimum Building Separation.

   Building size. The total gross floor area of a building. See Maximum Building Size.

   Bulk (of a building). The combination of building height, size, and location on a lot.

   Bulk Storage. Means the storage of flammable or combustible liquid in an above ground tank that is not for dispensing purposes. If an above ground tank is used for any bulk storage purposes, it is classified as a ‘bulk storage tank' for the remainder of the calendar year in which it was so used.

   Business Districts. See Sec. 35-3306.

   Cafeteria, company (land use). See Sec. 35-3414(1).

   Caliper. A measurement of the size of a tree equal to the diameter of its trunk measurement 0.5 foot above natural grade. Used for trees in a nursery setting.

   Campground (land use). See Sec. 35-3407(c).

   Candlepower. The amount of light that will illuminate a surface one-foot distant from a light source to an intensity of one foot-candle. Maximum (peak) candlepower is the largest amount of candlepower emitted by any lamp, light source, or luminaire.

      a.   Level 1: AC slow battery charging. The charging station delivers electric power to a vehicle’s charging module which converts the AC power to DC power and delivers it to the battery. Voltage is one hundred twenty (120) volts.

      b.   Level 2: AC medium battery charging. The charging station delivers electric power to a vehicle’s charging module which converts the AC power to DC power and delivers it to the battery. Voltage is between two hundred eight (208) volts for commercial use and two hundred forty (240) volts for residential use.

      c.   Level 3: DC fast or quick battery charging. Sometimes referred to as “DC fast.” The charging station bypasses a vehicle’s on-board charger to directly deliver electricity to the vehicle’s high voltage battery. Voltage is equal to or greater than four hundred eighty (480) volts.

      Types of charging stations include:

      a.   Private Charging Station: A charging station that is: 1) privately owned and has restricted access (e.g., single-family home, executive parking, designated employee parking, etc.), or 2) publicly owned and has restricted access (e.g., fleet parking with no access to the general public).

      b.   Public Charging Station: A charging station that is: 1) publicly owned and publicly available (e.g., park and ride, public parking lots, on-street parking, etc.), or 2) privately owned and publicly available (e.g., shopping center parking, non-reserved parking in multi-family parking lots, etc.).

   Climax tree. A tree that would occupy the uppermost canopy of a forest in a natural ecological situation. These trees are often referred to as shade trees. Examples include hickory, oak, maple, etc. See Appendix A.

   Collector street. See Street, Collector.

   Commercial animal boarding (land use). See Sec. 35-3408(p).

   Commercial indoor lodging (land use). See Sec. 35-3408(j).

   Commercial solar energy system. Any device or assembly of devices that (i) is ground installed and (ii) uses solar energy from the sun for generating electricity for the primary purpose of wholesale sale and not primarily for consumption on the property on which the device or devices reside as defined in 55 ILCS 5/5-12020(a). (Commercial solar energy systems exclude community solar energy systems in county jurisdictions.)

   Commercial vehicle. Any motor vehicle used for business or institutional purposes or having painted thereon or affixed thereto a sign identifying a business or institution or a principal product or service of a business or institution. Agricultural equipment used as part of a permitted agricultural principal use shall not be considered as a commercial vehicle.

   Common Ownership. Common ownership shall be defined as lands that both share a common boundary and are singly owned by one individual, jointly owned by a married couple including that individual, owned by a partnership or corporation in which that individual was a member, or any combination. Lands shall be considered to share a common boundary even if they are divided by a public road or navigable waterway, or if they connect at only one point.

   Communication Tower (land use). See Sec. 35-3502. (Ord. No. 3003-2008; repealed Sec. 35-1203(54); enacted new Sec. 35-1203(54); 01/22/08)

   Community Business District "B-3." See Sec. 35-3310.

   Community character. The impression which an area makes in regard to the type, intensity, density, quality, appearance, and age of development.

   Company provided on site recreation (land use). See Sec. 35-3414(3).

   Comprehensive Plan. The Comprehensive Plan of the City of Moline, Illinois, currently in effect, and as subsequently amended. The Comprehensive Plan is a policy guide, advising decisions regarding the physical development of the community. The Comprehensive Plan also encompasses the one and one-half mile extraterritorial jurisdiction of the City as authorized by 65 Illinois 5/11-12-15. The Comprehensive Plan is a guide and subject to change as warranted to address new situations.

   Conservation District "C-2." See Sec. 35-3209.

   Construction, start of. The installation of foundation footings and/or materials for road construction.

   Contractor's on-site equipment storage (land use). See Sec. 35-3418(d).

   Contractor's project office (land use). See Sec. 35-3418(e).

   Cross-slope. The degree of inclination measured across a right-of-way rather than in the direction traffic moves on said right-of-way.

   Cul-de-Sac. A 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 the turn-around.

   Cultivation (land use). See Sec. 35-3406(a).

   Curb and Gutter, Integral. The rim forming the edge of a street plus the channel for leading off surface water, constructed of poured concrete as a single facility.

   Day Care. See family day care home, intermediate day care home, or group day care center.

   Deck. An outside porch without a roof (not necessarily attached to a wall), whose floor is built on a foundation, piers, or blocks, as a distinct structure requiring a building permit, above ground grade, limited to a maximum height of the adjacent first floor level in the dwelling. It is not allowed at any higher level than above ground grade, to avoid the deck floor from creating a de-facto roofed porch underneath; but a deck can be located on the existing roof of dwellings and garages.

   Dedication or Dedicate. The transfer of property interest from private to public ownership for a public purpose. The transfer may be of fee simple interest or of a less than fee simple interest, including without limitation, an easement.

   Density. A term used to describe the number of dwelling units per acre.

   Developer. The legal or beneficial owner(s) of a lot or parcel of any land proposed for inclusion in a development, including an optionee or contract purchaser.

   Development. The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any buildings; any use or change in use of any buildings or land; any extension of any use of land; or any clearing, grading, or other movement of land, for which permission may be required pursuant to this Code.

   Development option(s). The type of residential or nonresidential development as categorized by the proportion of the site devoted to permanently protected green space.

   Development pad. The area of a lot where site disruption will occur, including building areas, paved areas, yards and other areas on non-native vegetation, and areas devoted to septic systems.

   Disposal land use(s). See Sec. 35-3410(f).

   Drainage. The removal of surface water or groundwater from land by drains, grading, or other means. Drainage includes the control of runoff, to minimize erosion and sedimentation during and after development, and the means necessary for water supply preservation or prevention or alleviation of flooding.

   Drainageway. Drainageways are non navigable, above ground watercourses, detention basins and/or their environs which are identified by the presence of one or more of the following: (a) All areas within 75 feet of the ordinary high water mark of a "perennial stream" as shown on USGS 7.5 minute topographic maps for the City of Moline and its environs; (b) All areas within 50 feet of the ordinary high water mark of an "intermittent stream" or "open channel drainageway" as shown on USGS 7.5 minute topographic maps for the City of Moline and its environs. See Sec. 35-4107.

   Drainage structure (land use). See Sec. 35-3417(b).

   Drip line. Outer perimeter edge of a tree canopy as transferred perpendicularly to ground level.

   Dryland access. A vehicular access route which is above the regional flood elevation and which connects land located in the floodplain to land which is outside the floodplain, such as a road with its surface above the regional flood elevation and wide enough to accommodate wheeled vehicles.

   Duplex. See Sec. 35-3405(d).

   Dwelling. A building or one or more portions thereof, containing one or more dwelling units, but not including habitations provided in nonresidential uses such as lodging uses and commercial campgrounds.

   Dwelling, attached. A dwelling joined to another dwelling at one or more sides by a shared wall or walls.

   Dwelling, detached. A dwelling entirely surrounded by open space on the same lot.

   General Agricultural District "AG-2." See Sec. 35-3210.

   General floor plans. A graphic representation of the anticipated utilization of the floor area within a building or structure, but not necessarily as detailed as construction plans.

   General Industrial District "I-2." See Sec. 35-3314.

   General temporary outdoor sales (land use). See Sec. 35-3418(h).

   Glare. The brightness of a light source which causes eye discomfort, to a healthy observer, such as the zoning administrator. See Sec. 35-5302 for glare standards.

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

   Green Space Ratio (GSR). The percentage of the gross site area which is preserved as permanently protected green space. Green space ratio is calculated by dividing the area of permanently protected green space by the gross site area.

   Gross density. The result of dividing the number of dwelling units located on a site by the gross site area. See Maximum gross density.

   Gross floor area. The total floor area on all levels of a building.

   Gross Site Area (GSA). The total area of a site available for inclusion in calculations of the maximum permitted density or intensity of development.

   Ground floor area. The floor area of the first habitable floor.

   Group day care center (land use). See Sec. 35-3411.

   Group development. See Sec. 35-3419.

   Group/Institutional Residential (land use). See Sec. 35-3405 (m)(1) and (2).

   Habitable buildings. Any building, or portion thereof used for human habitation.

   Hardship, Undue. See Undue Hardship.

   Hazardous material or substance. Any substance or material that, by reason of its toxic, caustic, corrosive, abrasive or otherwise injurious properties, may be detrimental or deleterious to the health of any person handling or otherwise coming into contact with such material or substance. The U.S. Environmental Protection Agency (EPA) has developed a list of hazardous materials based upon corrosivity, reactivity, and toxicity. Hazardous substances include, but are not limited to, inorganic mineral acids or sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium and arsenic and their common salts, lead, nickel, and mercury and their inorganic salts, or metallo-organic derivatives; coal, tar acids, such as phenol and cresols and their salts, and all radioactive materials.

   Heat standards. See Sec. 35-5506.

   Height of structure. See Building Height.

   Heliport (land use). See Sec. 35-3409(a).

   Holding zone. A zoning district designed to limit development potential until adequate public services and infrastructure are provided.

   Home occupation (land use). See Sec. 35-3411(3) and (4).

   Hotel. See lodging.

   Husbandry (land use). See Sec. 35-3406(f).

   Illinois Quad Cities Unified Zoning Code. A document authored by the Bi-State Regional Commission dated May 2002. Also referred to as the Unified Code.

   Impervious surface. Areas designed and installed to prohibit infiltration of stormwater. Homes, buildings, and other structures, as well as concrete, brick, asphalt, gravel and similar paved surfaces are considered impervious. Areas with "landscaped pavers" that are ninety (90) percent impervious, which are intended for vehicular traffic are considered to be impervious.

   Improvements. Same as "Public Improvement."

   Improvement Plan. Engineering plans showing the design and construction details for infrastructure and improvements to be installed in, or in conjunction with, a development.

   Indoor commercial entertainment (land use). See Sec. 35-3408(k).

   Indoor institutional (land use). See Sec. 35-3407.

   Indoor sales (land use). See Sec. 35-3408.

   Indoor sales accessory to light industrial use (land use). See Sec. 35-3416.

   Indoor storage (land use). See Sec. 35-3410(b).

   Indoor wholesaling (land use). See Sec. 35-3410(b).

   Industrial Districts. See Sec. 35-3312.

   Infill development. Development located in areas which are largely developed already.

   Institutional, indoor – daycare center (land use). See Sec. 35-3407(e).

   Institutional, indoor – general (land use). See Sec. 35-3407(f).

   Institutional, indoor – intensive (land use). See Sec. 35-3407(g).

   Institutional, outdoor (land use). See Sec. 35-3407(d).

   Institutional residential development (land use). See Sec. 35-3405.

   Institutional Residential (land use). See Sec. 35-3405(m).

   Intensity. A term used to describe the amount of gross floor area or landscaped area, on a lot or site, compared to the gross area of the lot or site.

   Intensive agricultural (land use). See Sec. 35-3406(g).

   Interpretation. See Sec. 35-1108 for application procedures.

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

   In vehicle sales (land use). See Sec. 35-3408(g).

   In vehicle service (land use). See Sec. 35-3408(g).

   Junkyard (land use). See Sec. 35-3410(e).

   Kennel, private residential (land use). See Sec. 35-3411(5).

   Landscape point. See Sec. 35-5202.

   Landscaped area. The area of a site which is planted and continually maintained in vegetation, including grasses, flowers, herbs, garden plants, native or introduced groundcovers, shrubs, bushes, and trees. Landscaped area includes the area located within planted and continually maintained landscaped planters.

   Landscape Surface Area Ratio (LSR). The percentage of the gross site area or lot area which is preserved as permanently protected landscaped area.

   Land use. The type of development and/or activity occurring on a piece of property.

   Lawn care (land use). See Sec. 35-3417(f).

   Legal objector. The owner of a lot, parcel, or tract of land, which is next to a lot, parcel, or tract of land, for which a special use is proposed or which is the subject of an amendment of this Code. For the purposes of this Code, a lot shall be deemed to be next to another if the lots, parcels, or tracts share a common lot boundary line in whole or in part or if a common lot boundary in whole or in part would occur if all street, highway, or alley right-of-way between such lots were excluded.

   Light Industrial District "I-1." See Sec. 35-3313.

   Light Industrial (land use). See Sec. 35-3410(g).

   Light Industrial incidental to indoor sale (land use). See Sec. 35-3416(1).

   Lighting standards. See Division 3 of Article V.

   Loading standards. See Sec. 35-5101.

   Local street. See Street, Local.

   Lot. A parcel of land that: (1) is undivided by any street or private road; (2) is occupied by, or designated to be developed for, one building or principal use; and (3) contains the accessory buildings or uses customarily incidental to such building, use, or development, including such open spaces and yards as designed and arranged or required by this Code for such building, use, or development. A lot may or may not coincide with a "lot of record."

   Lot area. The area contained within the property boundaries of a lot of record.

   Lot, corner. A lot situated at the junction of, and abutting on, two (2) or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees. All yards abutting streets (see definition (354) for streets) shall be enforced as required front yards.

   Lot depth. The average distance between the front lot line and the rear lot line of a lot.

   Lot, Flag. A lot with two distinct parts: (1) The flag, which is located behind another lot; and (2) the pole, which connects the flag to the street and is at any point less than the required lot width or frontage.

   Lot frontage. Lot width measured at the street lot line. When a lot has more than one street lot line, lot width shall be measured, and the minimum lot width required by this Code shall be provided, at each such line.

   Lot, interior. A lot other than a corner lot.

   Lot line. The property line (including the vertical plane established by the line and the ground) bounding a lot except that where any portion of a lot extends into the public-right-of way or a proposed public right-of-way, the line of such public right-of-way shall be the lot line for applying this Code.

   Lot line, front. A lot line that abuts a public or private street right-of-way. In the case of a lot that has two or more street frontages, the lot line along the street from which the house is addressed shall be the front lot line.

   Lot line, rear. In the case of rectangular or most trapezoidal shaped lots, that lot line which is parallel to and most distant from the front lot line of the lot. In the case of an irregular, triangular, or gore shaped lot, a line 20 feet in length, entirely within the lot, parallel to and at the maximum possible distance from the front line shall be considered to be the rear lot line. In the case of lots that have frontage on more than one road or street, the rear lot line shall be selected by the property owner.

   Lot line, side. Any boundary of a lot, which is not a front lot line, a street side lot line, or a rear lot line.

   Lot line, street side. Any lot line that abuts a public or private street right-of-way which is not the front lot line.

   Lot of record. A platted lot or lot described in a boundary survey or in a metes and bounds description which has been approved by the City or by Rock Island County; and has been recorded in the office of the Rock Island County Recorder of Deeds.

   Lot, reverse corner. A corner lot where the lot width exceeds the lot depth.

   Lot, through. A lot which abuts two parallel public streets, or abuts two public streets which do not intersect at the boundaries of the lot. The yard that abuts a public street and is considered its principal frontage shall be the front yard. The yard that abuts a public street and is not considered its principal frontage shall be the rear yard, with the exception that a front yard(s) has been established along the same public street block and on the same side of the street and has been enforced as a front yard(s). If a front yard(s) has been established along the same public street block and on the same side of the street and has been enforced as a front yard(s), then the yard that abuts a public street and not considered its principal frontage shall also be a front yard.

   Lot width. The maximum horizontal distance between the side lot lines of a lot, measured at the building line. See minimum lot width.

   Lowest floor. The lowest enclosed floor (including basement) in a particular structure. Any unfinished or flood resistant enclosure, usable solely for parking vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosed area is not built so as to render the structure in violation of the applicable non elevation design requirements of this Code.

   Maintenance guarantee. A financial guarantee posted by the developer and approved by the City of Moline, guaranteeing the satisfactory condition of required infrastructure and improvements required pursuant to this Code.

   Manufactured Home. See Sec. 35-3405(i).

   Manufactured home park. Mobile home park. See Sec. 35-3405(k).

   Maximum accessory building coverage. The largest permitted area of all accessory buildings on a lot.

   Mobile Home Park District "R-7." See Sec. 35-3207.

   Mobile Home Park Residential Development. See Chapter 19 of the Moline Code of Ordinances.

   Mobile Home Residential Development. See Chapter 19 of the Moline Code of Ordinances.

   Mobile home sales. See Sec. 35-3408(h).

   Motel. See lodging.

   Motor Court. See commercial indoor lodging.

   Motor freight terminal. See freight terminal.

   Multifamily Residential District "R-6." See Sec. 35-3206.

   Multiple-Family Dwelling. See Sec. 35-3405(h).

   Multiplex. See Sec. 35-3405(g).

   Navigable water. All natural inland lakes and all rivers, streams, ponds, sloughs, flowages, and other waters within the territorial limits of this state. For the purposes of this Code, rivers and streams will be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps until such time that the State of Illinois has made a determination that the waterway is not, in fact, navigable.

   Neighborhood Business District "B-1." See Sec. 35-3307.

   Neighborhood Center District "NC." See Sec. 35-3308.

   Net Developable Area (NDA). The area of a site that may be disturbed by development activity. Net Developable Area is the result of subtracting Required Resource Protection Area (RPA) from the Gross Site Area (GSA).

   Noise standards. See Sec. 35-5409.

   Nonmotorized Transportation Facilities. Improvements designed and intended primarily for the use, safety and comfort of pedestrians, cyclists, and other users of nonmotorized means of transportation. Examples include sidewalks, trails, bike lanes and related appurtenances, such as signs, signals and wheelchair ramps.

   Noxious matter or materials. Material 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 individuals.

   Noxious materials standards. See Sec. 35-5412.

   Odor standards. See Sec. 35-5410.

   Office Districts. See Sec. 35-3303.

   Office District "O-1." See Sec. 35-3304.

   Office (land use). See Sec. 35-3408(c).

   Office Research Park Technology District "ORT." See Sec. 35-3305.

   Official Map. The official map indicates sites for planned public facilities. Public facility sites that may be indicated on the official map include but are not limited to: sites for new streets or widening of existing streets; school sites; park sites, public building sites; and sites for future drainage and stormwater management facilities, energy or other public service or utility easements.

   Official Zoning Map. The map adopted and designated by the City of Moline as being the "Official Zoning Map." See Sec. 35-3103.

   Off site parking lot (land use). See Sec. 35-3409(b).

   On site. Located on the lot in question, except in the context of on site detention, when the term means within the boundaries of the development site as a whole.

   On site agricultural retail (land use). See Sec. 35-3406(c).

   On-site parking lot (land use). See Sec. 35-3417(g).

   On-site real estate sales office (land use). See Sec. 35-3418(j).

   One-Family Detached Dwelling. See Sec. 35-3405(a).

   One-Family Residential District "R-2." See Sec. 35-3204.

   One to Six Family Residential District "R-4." See Sec. 35-3205.

   Open sales lot. An unenclosed portion of a lot or lot of record where goods are displayed for sale, rent or trade.

   Ordinary high water mark. The point on the bank or shore of a body of water up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristics.

   Other permanently protected green space. Permanently protected green space areas not constrained by one of the protected natural resources (wetlands, floodplains, steep slopes, lakeshores, drainageways, and woodlands). Examples include: portions of private lots, outlots, or parcels commonly held by a property owners' association which are deed restricted from site disruption.

   Outbuilding and Recreational Facilities, private residential (land use). See Sec. 35-3411(6).

   Outdoor assembly (land use). See Sec. 35-3418(f).

   Outdoor commercial entertainment (land use). See Sec. 35-3408(l).

   Outdoor display (land use). See Sec. 35-3414.

   Outdoor display incidental to indoor sales (land use). See Sec. 35-3414.

   Outdoor institutional (land use). See Sec. 35-3407(d).

   Outdoor sales of farm products (land use). See Sec. 35-3418(g).

   Outdoor storage (land use). See Sec. 35-3410(c).

   Outdoor wholesaling (land use). See Sec. 35-3510(c).

   Overlay Zoning District. A zoning district which imposes uniform restrictions on all properties within its area which are in addition to the restrictions specific to the standard zoning districts.

   Owner. The person, persons, or entity having the right of legal title to a lot or parcel of land.

   Pad, Development. See Development pad.

   Parcel. The area within the boundary lines of a lot.

   Parking area pod. An area of parking spaces within a parking lot substantially separated from other areas of the parking lot by landscaped islands or medians.

   Parking standards. See Sec. 35-5100.

   Parking lot design standards. See Sec. 35-5100.

   Parking requirements. See Sec. 35-5100.

   Parking space design standards. See Sec. 35-5100.

   Passive outdoor public recreational (land use). See Sec. 35-3407(a).

   Performance guarantee. A financial guarantee posted by the developer and approved by the City of Moline, guaranteeing that all improvements, facilities, or work required by this Code will be completed in compliance with the Code, regulations and the approved plans and specifications of a development.

   Performance standard. Criterion established to control and limit the impacts generated by, or inherent in, uses of land or buildings. See Article V.

   Peripheral setback. The distance between a structure and the boundary of a development.

   Permanently protected green space. An area in which site disruption and/or development is strictly limited. See Article IV.

   Permitted by right, use. See Sec. 35-3401(1).

   Person. An individual, group of individuals, corporation, association, partnership, joint venture or other entity, and includes any trustee, estate, receiver, assignee or personal representative.

   Personal service(s) (land use). See Sec. 35-3408(d).

   Personal storage facility (land use). See Sec. 35-3410(a).

   Piers and wharfs. See Sec. 35-3420(13).

   Plan Commission. The plan commission of the City of Moline. See Sec. 35-1301.

   Planned Unit Development. See Division 7 of Article III.

   Plat, Dedication. A plat required for the dedication to the City of all right-of-way easements, and improvements outside of a subdivision plat or within a special use classification.

   Plat, Final Subdivision. A plat and supporting documentation of a subdivision which, if approved, must be recorded with the Rock Island County Recorder of Deeds.

   Plat, Preliminary Subdivision. Preliminary maps, drawings, and supportive material indicating the proposed layout of a subdivision.

   Pod. See Parking Area Pod.

   Porch. A roofed structure (either enclosed, or unenclosed) attached to one (1) or two (2) permanent exterior walls of a dwelling building, whose floor is at or just below the level of the dwelling first floor adjacent to the porch.

   Principal building. See Building, principal.

   Principal use. Any and all of the primary uses of a property, treated as a use permitted by right or as a conditional use (rather than as an accessory use or a temporary use) per Sections 35-3405, 35-3406, 35-3407, 35-3408, 35-3409, and 35-3410.

   Professional service(s) (land use). See Sec. 35-3408(d).

   Protected natural resources. Resources such as wetlands, drainageways, woodlands, steep slopes, and shorelands, which are protected by the provisions of this Code. See Division 1 of Article IV.

   Public improvement (or Improvement). Any improvement, facility, or service, together with customary improvements and appurtenances thereto, necessary to provide for public needs such as: streets, roads, alleys or pedestrian walks or paths, bicycle paths, stormwater management facilities, storm sewers, flood control improvements, water supply and distribution facilities, sanitary sewage disposal and treatment, public utility and energy services.

   Public services and utilities (land use). See Sec. 35-3409(e) and (f).

   Public sewer. Includes the City of Moline sewer system and other forms of sewer systems approved by the State of Illinois and maintained by an agency authorized to operate such systems.

   Recorded lot. See Lot of record.

   Recreation, outdoor – passive public (land use). See Sec. 35-3407.

   Recreation, outdoor – active, public (land use). See Sec. 35-3407.

   Recreation, outdoor – private campgrounds/camping resort (land use). See Sec. 35-3407.

   Recreational vehicle. A general term for a vehicular unit bearing current license and/or registration, not exceeding 20 feet in overall length, 8 feet in width or 6 feet in overall height (from ground to its highest point, excluding the antenna), which includes but is not limited to the following specific vehicle types.

      a.   Camper Trailer. A folding or collapsing vehicular structure without its own (motive) power designed as temporary living quarters for travel, camping, recreation and vacation uses; and (to) be licensed and registered for highway use.

      b.   Travel Trailer. A rigid structure without its own motive power designed as a temporary dwelling for travel, camping, recreation and vacation use; to be licensed and registered for highway use; and which, when equipped for the road, has a body width of not more than 8 feet 6 inches.

      c.   Truck Camper. A portable structure without its own motive power designed to be transported on a power vehicle as a temporary dwelling for travel, camping, recreation and vacation use; and which, in combination with the carrying vehicle (shall) be licensed for highway use.

      d.   Motor Home. A vehicular unit built on or as a part of a self-propelled motor vehicle chassis, primarily designed to provide temporary dwelling for travel, camping, recreation and vacation use; and to be licensed and registered for highway use. This category shall include converted bus campers.

      e.   Boat Trailer. A vehicle structure without its own motive power designed to transport a boat for recreation and vacation use and which is licensed and registered for highway use.

      f.   Horse Trailer. A vehicle structure without its own motive power designed primarily for the transportation of horses and which, in combination with the towing vehicle, is licensed and registered for highway use.

      g.   Utility Trailer. A vehicle structure without its own motive power designed primarily for the transportation of all manner of motor vehicles, goods or materials and licensed and registered for highway use.

      h.   Recreational Boat. A vessel, whether impelled by wind, oars or mechanical devices, and which is designed primarily for recreation or vacation use. A recreation vessel when mounted upon a boat trailer shall be considered one unit.

   Relocatable building (land use). See Sec. 35-3418(k).

   Required resource protection area (RPA). The area of a site which may not be disturbed by development activity and which must also be reserved as permanently protected green space. Required resource protection area is the result of subtracting the net developable area (NDA) from the gross site area (GSA).

   Residential infill standards. See Sec. 35-3211.

   Residential land use(s). See Sec. 35-3203.

   Residential solid waste. Waste that normally originates in a residential environment.

   Residentially zoned. A property located in a residential district per Sec. 35-3203.

   Resource Districts. See Sec. 35-3208.

   Restrictive, more (less). A regulation imposed by this Code is more (less) restrictive than another if it prohibits or limits development to a greater (lesser) extent or by means of more (less) detailed specifications.

   Restaurant. See Sec. 35-3408(i).

   Restaurant, fast food. See in vehicle sales and service. See Sec. 35-3408(g).

   Right of way. A strip of land dedicated to the City or other unit of government for streets, alleys, and other public improvements.

   Salvage yard (land use). See Sec. 35-3410(e).

   Scale (of development). A term used to describe the gross floor area, height, or volume of a single structure or group of structures.

   Sedimentation. The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity, or other natural means as a result of erosion.

   Selective cutting (land use). See Sec. 35-3406(d).

   Septic systems (land use). See Sec. 35-3417(b).

   Setback. The shortest distance between a building's or structure's exterior and the nearest point on the referenced lot line. See minimum setback.

   Shielded light fixture. An outdoor lighting fixture which through design is shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected at least fifteen degrees below a horizontal plane running through the lowest point on the fixture where light is emitted. Except for ground and sign mounted light fixtures, that horizontal plane shall be parallel to the surface of the ground. See Division 3 of Article V for Exterior Lighting Standards.

   Shoreland. Those lands lying within the following distances from the ordinary high water mark of navigable waters: 1,000 feet from a lake, pond, or flowage; and 300 feet from a river or stream; or to a landward side of the floodplain, whichever distance is greater. Shorelands shall not include those lands adjacent to farm drainage ditches where (a) such lands are not adjacent to a navigable stream or river; (b) those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching or had no previous stream history; and (c) such lands are maintained in non-structural agricultural use. See Sec. 35-4108.

   Shrub. A low lying deciduous or evergreen plant. See Appendix A.

   Sign. See Chapter 3 of the Moline Code of Ordinances.

   Silviculture, Clear Cutting (land use). See Sec. 35-3406(e).

   Silviculture, Selective Cutting (land use). See Sec. 35-3406(d).

   Single family detached dwelling unit (land use). See Sec. 35-3405(a).

   Site area. See Gross site area.

   Site Plan. See Sec. 35-2105 for applicable procedures.

   Skylight. A window or other paned area located on the ceiling or roof of a structure.

   Soil. All unconsolidated mineral and organic material of whatever origin that overlies bedrock which can be readily excavated.

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

   Solar energy system. A device, array of devices, or structural design feature, the purpose of which is to provide for generation or storage of electricity from sunlight, or the collection, storage and distribution of solar energy for space heating or cooling, daylight for interior lighting, or water heating.

   Special use. A land use which requires a special use permit in order to develop. See Sec. 35-2206 for applicable procedures.

   Steep slope. Steep slopes are areas which contain a gradient of 20% or greater, (equivalent to a 2 foot elevation change in a distance of 10 feet or less), as shown on USGS 7.5 minute topographic maps for the City of Moline and its environs. See Sec. 35-4105.

   Storage land use(s). See Sec. 35-3410.

   Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under floor space is more than 6 feet above grade as defined herein for more than 50% of the total perimeter or is more than 12 feet above grade as defined herein at any point, such usable or unused under-floor space shall be considered a story.

   Story, half. A 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 4 feet above the floor of such story.

   Street. The portion of a public or private right-of-way, other than an alley, that affords a primary means of vehicular access to abutting properties.

   Street, arterial. A street which is anticipated to carry in excess of 3,500 vehicles per day in traffic volume, at desirable speeds ranging from 30 to 45 miles per hour, and which is used for travel between areas within and outside the City.

   Street, collector. A street which is anticipated to carry from 2,500 to 5,000 vehicles per day in traffic volume, at desirable speeds ranging from 30 to 35 miles per hour, which serves a collecting function by distributing traffic between local streets and arterial streets.

   Street, local. A street which is anticipated to carry less than 2,500 vehicles per day in traffic volume at desirable speeds up to 30 miles per hour, and which provides access to abutting property and primarily serves local traffic.

   Street, local residential. A local street serving primarily to collect traffic originating directly from residential driveways and private residential courts and streets.

   Street, Major. Any arterial or collector street.

   Street line. See Lot line, front.

   Street, Stub. A street that is temporarily terminated, but that is planned for future continuation.

   Strip development. A pattern of land uses typified by nonresidential and/or multi-family development located along one or both sides of a street which is generally only one lot deep and which is characterized by many curb cuts, low green space ratios, low landscape surface ratios, high floor area ratios, and/or low quantities of landscaping.

   Structure. Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Structures include, but are not limited to: buildings, walls, swimming pools, signs and fences.

   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 article.

   Subdivision. Any division of land into two or more lots, any of which is less than five acres, or any transfer involving an easement of ingress or egress, except as set forth in the Plats Act, 765 ILCS 205/1.

   Subdivision, Minor. A land division that (1) results in the consolidation of lots into a fewer number of lots or (2) results in the creation of 5 or fewer lots that meet the applicability criteria of Sec. 35-2108(2).

   Swale. A linear depression in land running downhill or having a marked change in contour direction in which sheet runoff would collect and form a temporary watercourse.

   Temporary use. A land use present on a property for a limited and specified period of time. See Sec. 35-3418.

   Terrace/Patio. An unroofed paved area located outside at ground grade, which is paved as concrete, stone, brick or wood paver blocks (also known as patio blocks).

   Townhouse (land use). See Sec. 35-3405(f).

   Transportation land use(s). See Sec. 35-3415.

   Truck stop. See In-Vehicle sales and service.

   Twin house (land use). See Sec. 35-3405(c).

   Two flat house (land use). See Sec. 35-3405(e).

   Undue hardship. The circumstance where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of the ordinance. See Sec. 35-2207(c)(1).

   Use. The purpose or activity for which land or any building thereon is designed, arranged, or intended, or for which it is occupied or maintained.

   Use, accessory. See Accessory use.

   Use, special. See Special Use.

   Use, principal. See Principal use.

   Utility. A business or service that is engaged in regularly supplying the public with some commodity or service that is of consequence and need and that has a duty to serve without discrimination all within its service area. A utility can be publicly or privately owned and includes, without limitation, the following services or commodities:

      a.    Electricity;

      b.    Gas, oil, or steam;

      c.    Water;

      d.    Sanitary sewerage;

      e.    Drainage and stormwater management;

      f.    Telephone and Internet service;

      g.    Cable television and other communication lines; and

      h.    Transportation lines, such as fixed rail, but only if expressly stated.

   Utility shed (land use). See Sec. 35-3411(6).

   Vacate. To terminate the legal existence of right-of-way or subdivision or portion thereof, and to so note on the final plat recorded with the Rock Island County Recorder of Deeds (765 ILCS 205/6 through 765 ILCS 205/8.)

   Variance. Permission to depart from the literal requirements of this Code for purposes or reasons set forth herein, except for the infrastructure and public improvement standards of Article IV, Division 2, requests for relief from the infrastructure and public improvement standards are processed as waivers and modifications, in accordance with Sec. 35-2211.

   Vehicle Repair and Maintenance, major. See Automobile Repair, major.

   Vehicle Repair and Maintenance, minor. See Automobile Repair, minor.

   Vibration standards. See Sec. 35-5405.

   Visibility standards. See Sec. 35-5210.

   Waivers and Modifications. Permission to depart from strict compliance with the infrastructure and public improvement standards of Article IV, Division 2.

   Waste disposal facility (land use). See Sec. 35-3410(f).

   Wetland. See Sec. 35-4109.

   Woodland. Woodlands are areas of trees whose combined canopies cover a minimum of 50% of an area of one-half acre or more, as shown on USGS 7.5 minute topographic maps for the City of Moline and its environs. See Sec. 35-4106.

   Working days. Monday, Tuesday, Wednesday, Thursday or Friday; excluding holidays granted by the City of Moline to its employees.

   Yard. A required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest ground level to the sky, except as expressly permitted in this Code. A yard shall extend along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located.

   Yard, front. A yard extending along the full width of the front lot line, or side street lot line, and extending from the abutting street right of way line to a depth required in the yard regulations for the district in which such lot is located.

   Yard, rear. A yard extending along the full width of the rear lot line extending toward the front lot line for a depth as specified in the yard regulations for the district in which such lot is located.

   Yard, required. The open space area between a lot line and the buildable area in which no structure shall be located except as may otherwise be provided by this Code.

   Yard, side. A yard extending along the side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot is located.

   Yard, sum side. The combined width of two opposite side yards, having a width as specified in the yard regulations for the district in which such lot is located.

   Yards, all. The front, rear and side yards on a lot.

   Zoning Administrator. The person authorized and charged by the City with the administration and enforcement of this Code. See Sec. 35-1303.

   Zoning District(s). See Sec. 35-3102.

   Zoning Map. See "Official Zoning Map," above and see Sec. 35-3103.

   The following is a summary of the responsibilities the City Council shall perform related to this Code:

   (1)   Initiate and decide requests for adoption or amendments to:

      a.   The Comprehensive Plan, Future Land Use Map and Official Map;

      b.   Special area plans, corridor plans and neighborhood plans;

      c.   The text of this Code and the Official Zoning Map; and

      d.   The establishment of development review application fees.

   (2)   Review and decide all requests for:

      a.   Rezoning to planned unit development;

      b.   Planned unit development district outline development plan approvals and amendments;

      c.   Planned unit development district preliminary plan approvals and amendments;

      d.   Appeals from actions of the plan commission;

      e.   Preliminary subdivision plat approval if the plat requires a Comprehensive Plan amendment or involves a requested waiver or modification of applicable regulations or standards; and

      f.   Final subdivision plat approval if the plat proposes the dedication of right-of-way land or improvements to the City.

   In order that adequate provisions be made for the preparation of a comprehensive City plan and for the guidance, direction and control of the growth and development or redevelopment of the City and contiguous territory not more than one and one-half miles beyond the corporation limits of the City, and not included in any municipality, a plan commission is created.

   (1)   COMPOSITION; APPOINTMENT AND QUALIFICATIONS OF MEMBERS; MAYOR TO BE EX OFFICIO MEMBER. The plan commission shall consist of eleven members, citizens of the City, appointed by the mayor on the basis of their particular fitness for their duty on the plan commission, and subject to the approval of the City Council.

   (2)   TERMS AND COMPENSATION OF MEMBERS . The term of office of members of the plan commission shall be six years. All members of the plan commission shall serve without compensation.

   (3)   ORGANIZATION. Immediately following their appointment, the members of the plan commission shall meet, organize, elect such officers as it may deem necessary, and adopt and later alter rules and regulations of organization and procedure consistent with state law, the provisions of this Code and other City ordinances.

   (4)   RECORDS. The plan commission shall keep written records of its proceedings, which shall be open at all times to public inspection.

   (5)   POWERS AND DUTIES. The plan commission shall have the following powers and duties:

      a.   To prepare and recommend to the City Council, a comprehensive plan for the present and future development or redevelopment of the City and contiguous unincorporated territory not more than one and one-half (1½) miles beyond the corporate limits of the City and not included in any other municipality. The plan may be adopted in whole or in separate geographical or    functional parts, each of which, when adopted shall be the official comprehensive plan, or part thereof, of the City. Such plan shall be advisory, except as to such part thereof as has been implemented by ordinances duly adopted by the City Council. All requirements for public hearing, filing of notice of adoption with the county recorder of deeds, and filing of the comprehensive plan and ordinances with the City clerk shall be complied with as provided by law.

      b.   To provide for the health, safety, comfort and convenience of the inhabitants of the City and its contiguous territory, such plan or plans shall establish reasonable standards of design for subdivisions and for resubdivisions of unimproved land and of areas subject to redevelopment in respect to public improvements as defined in this division, and shall establish reasonable requirements in respect to public improvements as defined in this division, and shall establish reasonable requirements governing the location, width, course, and surfacing of streets and highways, storm water drainage, water supply and distribution, sanitary sewers and sewage collection and treatment. The requirement specified in this subsection shall become regulatory only when adopted by ordinance.    

      c.   To designate land suitable for annexation to the City and the recommended zoning classification for the land upon annexation.

      d.   To recommend to the City Council, from time to time, such changes in the official comprehensive plan or any part thereof as may be deemed necessary, including any specific improvements thereto.

      e.   To give aid to the officials of the City charged with the direction of projects for improvements embraced within the official comprehensive plan or parts thereof, to further the making of such improvements, and generally to promote the realization of the official comprehensive plan.

      f.   To arrange and conduct any form of publicity relative to its activities for the general purpose of public understanding, within budgeted amount therefore.

      g.   To cooperate with municipal or regional planning commissions and other groups or agencies to further the local planning program and to assure harmonious and integrated planning for the area.

      h.   To exercise such other powers germane to the powers granted under authority of the “Illinois Municipal Code,” 65 ILCS 5-1-1-1, et al, and as amended, as may be conferred by the City Council.

      i.   Initiate, hear and recommend to the City Council all requests for adoption or amendments to the text of the Code and the Official Zoning Map;

      j.   Hear and recommend to the City Council all requests for:

         1.   Rezoning to planned unit development;

         2.   Planned unit development outline development plans and amendments; and

         3.   Planned unit development preliminary development plans and amendments.

      k.   Hear and decide all requests for:

         1.   Special use permits;

         2.   Planned unit development final plans and amendments;

         3.   Variances of certain provisions of this Code as provided for in this Code;

         4.   Preliminary subdivision plats that do not require a Comprehensive Plan amendment or involve a requested waiver or modification of applicable regulations or standards; and

         5.   Minor subdivisions in specific cases where the zoning administrator defers decision making authority to the plan commission.

   (a)   CREATION AND APPOINTMENT. There is hereby established a zoning hearing officer who shall have the powers as assigned by this Code. The zoning hearing officer shall be appointed by the City attorney on the total basis of the individual’s fitness for duty and subject to the approval of the City Council. Upon the appointment of the zoning hearing officer, the terms of office of the then existing members of the Zoning Board of Appeals shall immediately expire and the Zoning Board of Appeals dissolved.

   (b)   POWERS AND DUTIES. The zoning hearing officer is hereby vested with the following jurisdiction and authority:

   (1)   To hear and decide appeals from and review any order, requirement, decision, or determination made by the zoning administrator or building official under this Code. The zoning hearing officer may reverse or affirm, wholly or partially, or may modify or amend the order, requirement, decision or determination appealed from in the manner that the zoning hearing officer may decide to be fitting and proper in the premise and to that end, the zoning hearing officer shall also have all powers of the officer from whom the appeals are taken.

   (2)   To hear and decide all matters referred to such zoning hearing officer or upon which such zoning hearing officer is required to pass under this Code as provided for in Sec. 35-2207.

   (3)   To hear and pass upon applications for variations from a strict application of the terms of this Code as provided for in this Code.

   (c)   DECISIONS OF THE ZONING HEARING OFFICER. Decisions of the zoning hearing officer, on appeal or upon application for a variation after a hearing, shall, in all instances, be final administrative determinations and shall be subject to review under the Illinois Administrative Review law, found generally at 735 ILCS 513-101, et al.

   The director of planning and development shall appoint a member of the department of planning and development as zoning administrator which person shall be under the supervision of the director of planning and development.

   (1)   POWERS AND DUTIES: The following is a summary of the responsibilities of the zoning administrator related to this Code:

      a.   Maintain permanent and current records of this Code, amendments, special uses and variations, and all actions and decisions of the zoning administrator on requests for administrative permits;

      b.   Provide and maintain a public information bureau relative to all matters arising out of this Code;

      c.   Issue all zoning certificates and keep permanent records thereof;

      d.   Issue all certificates of occupancy for non-conforming uses and keep permanent records thereof;

      e.   Conduct inspections and issue all certificates of occupancy where no building permit is    required;

      f.   Conduct and act upon all requests for site plan review, unless directed otherwise by this    Code;

      g.   Act upon all requests for fence and wall permits;

      h.   Issue all Zoning Compliance letters;

      i.   Act upon all requests for administrative variance;

      j.   Review and recommend all requests for non-administrative development permits to be heard by the plan commission and zoning hearing officer;

      k.   Interpret all provisions of this Code;

      l.   Enforce all provisions of this Code and all permits and approvals granted here under; and

      m.   Initiate amendments to this Code;

      n.   Initiate amendments to and maintain the Official Zoning Map. The zoning administrator shall maintain the Official Zoning Map in paper format or electronically, digitally, or any other unalterable media format; (Ord. No. 3013-2007; Sec. 35-1303(1)(m) repealed; new Sec. 35-1303(1)(m) enacted; new Sec. 35-1303(n) enacted; 03/27/07)

      o.   Review and act on requests for exempt subdivisions under the Illinois Plat Act;

      p.   Review and act on minor subdivisions or refer them to the plan commission for final action;

      q.   Review and act on final subdivision plats or refer them to the plan commission for final action, except those that involve dedications of land or public improvements to the City; and

      r.   Formulate, initiate amendments to, and maintain written administrative policies and supplemental procedures pertaining to the processing of subdivision applications.

   The building official shall enforce this Code with respect to, and in instances where, permits are issued by the building division which relate to the restrictions of this Code and in furtherance of said authority, including:

   (1)   Conduct such inspections as are necessary to determine compliance with provisions of this Code which relate to construction permits; and

   (2)   Issue all certificates of occupancy for conforming uses and keep permanent records thereof except occupancy permits for new uses of land where no building permits are required.

   The City engineer shall assist in administering, interpreting and enforcing this Code with respect to the design and installation of infrastructure and improvements and other engineering-related matters, including acting as the final decision-maker on improvement plans required under Sec. 35-2109.