- IN GENERAL
This chapter is adopted for the purposes of:
(1)
Promoting the public health, safety, comfort, morals, convenience, and general welfare;
(2)
Securing adequate natural light, pure air, and safety from fire and other dangers;
(3)
Lessening or avoiding the hazards to persons and damage to property resulting from the accumulation or runoff of stormwaters or floodwaters;
(4)
Lessening or avoiding congestion in the public streets and highways;
(5)
Conserving the value of land and buildings throughout the city;
(6)
Preserving and enhancing aesthetic values throughout the city.
(Code 2012, § 17.03.020; Ord. of 9-28-1966, § 2(A))
To the ends specified in section 48-1, this chapter is intended to accomplish certain standards and objectives by:
(1)
Dividing the entire city into districts and regulating therein the location, construction, reconstruction, alteration, and use of buildings, structures, and land, whether for agricultural, residential, business, commercial, manufacturing, or other specified uses;
(2)
Avoiding or lessening congestion in the public streets by adequate requirements for off-street parking and loading facilities;
(3)
Preventing the overcrowding of land by regulating and limiting the height and bulk of buildings hereafter erected;
(4)
Establishing, regulating, and limiting the building or setback lines along streets, alleys, and property lines;
(5)
Regulating and limiting the intensity of the use of lot areas, and regulating arid determining the area of open spaces surrounding buildings;
(6)
Establishing standards to which buildings or structures therein shall conform;
(7)
Permitting in each zoning district only those uses, buildings, and structures that are compatible with the character of each district;
(8)
Preventing additions to, and alterations or remodeling of, existing buildings or structures in such a way as to avoid the restrictions and limitations imposed under this chapter;
(9)
Providing controls governing the continuation of those existing uses, buildings, and structures, which are incompatible with the character of the districts in which they are located;
(10)
Providing for the gradual elimination of structures and uses which are incompatible with the character of the districts in which they are located;
(11)
Defining the powers and duties of the administrative officers and bodies as provided in this chapter;
(12)
Prescribing penalties for the violation of the provisions of this chapter, or of any amendment thereto.
(Code 2012, § 17.03.030; Ord. of 9-28-1966, § 2(B))
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion and protection of the public health, safety, morals and general welfare. In addition:
(1)
Where the conditions imposed by any provision of this chapter upon the use of land, buildings, or structures; height of buildings or structures; floor area requirements; lot area and width requirements; yard and other open space requirements; and other provisions of this chapter, are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this chapter or of any other law, ordinance, resolution, rule, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.
(2)
This chapter is not intended to abrogate any easement, covenant, or other private agreement, provided that where the regulations of this chapter are more restrictive or impose higher standards of requirements than such easements, covenants, or other private agreements, the requirements of this chapter shall govern.
(3)
No building, structure, or use not lawfully existing at the time of the adoption of the ordinance from which this chapter is derived shall become or be made lawful solely by reason of the adoption of the ordinance from which this chapter is derived; and to the extent that, and in any manner that the unlawful building, structure, or use is in conflict with the requirements of this chapter, the building, structure, or use remains unlawful under the provisions of this chapter.
(Code 2012, § 17.03.040; Ord. of 9-28-1966, § 3)
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abuts, abutting means to have a common property line or district line.
Accessory building, structure or use means a building, structure, or use that:
(1)
Is subordinate to and serves a principal building, structure or use;
(2)
Is located on the same zoning lot as the principal building, structure, or use served, except as otherwise expressly authorized by the provisions of this chapter; and
(3)
Contributes to the comfort, convenience, necessity, or benefit of the occupants, employees, customers, or visitors of or to the principal building, structure, or use served.
Adjacent means lying near or close to, in the vicinity of.
Adjoining means touching or contiguous, as distinguished from lying nearby.
Adult-use cannabis business establishment means an adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.
Adult-use cannabis craft grower means a facility operated by an organization or business that is licensed by the state department of agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, 410 ILCS 705/1-1 et seq., as it may be amended from time-to-time, and regulations promulgated thereunder.
Adult-use cannabis cultivation center means a facility operated by an organization or business that is licensed by the state department of agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, 410 ILCS 705/1-1 et seq., as it may be amended from time-to-time, and regulations promulgated thereunder.
Adult-use cannabis dispensing organization means a facility operated by an organization or business that is licensed by the state department of financial and professional regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, 410 ILCS 705/1-1 et seq., as it may be amended from time-to-time, and regulations promulgated thereunder.
Adult-use cannabis infuser organization or infuser means a facility operated by an organization or business that is licensed by the state department of agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, 410 ILCS 705/1-1 et seq., as it may be amended from time-to-time, and regulations promulgated thereunder.
Adult-use cannabis processing organization or processor means a facility operated by an organization or business that is licensed by the state department of agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, 410 ILCS 705/1-1 et seq., as it may be amended from time-to-time, and regulations promulgated thereunder.
Adult-use cannabis transporting organization or transporter means an organization or business that is licensed by the state department of agriculture to transport cannabis on behalf of a cannabis business establishment, or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, 410 ILCS 705/1-1 et seq., as it may be amended from time-to-time, and regulations promulgated thereunder.
Agriculture means the raising of food and feed crops and products, including tree and vine products; animal husbandry including beekeeping, dairying, poultry, and pasturage and the like, but excluding commercial feed lots, fur farms, kennels, and boarding and riding stables. It includes the ordinary accessory uses and structures including a farm dwelling and preparing, treating, and storing products, equipment and machinery; provided, however, that the operation of any such accessory uses shall be secondary to that of ordinary agricultural activities.
Airport means any area of land or water which is used, or intended, for the landing and take-off of aircraft, and any appurtenant areas that are used or intended for use for airport buildings or other airport facilities or rights-of-way, including all necessary taxiways, aircraft storage and tie-down areas, hangars, and other necessary buildings and open spaces.
Alley means a right-of-way which affords a secondary means of vehicular access to abutting properties.
Alteration means a change in size, shape, character of use of a building or structure.
Animal hospital and veterinary clinics means a building or portion thereof designed or used for the care, observation, or treatment of domestic animals.
Animal pounds and shelters means any place designated to provide for the temporary accommodation of five or more common household pets which are stray or not wanted by their owner until appropriate disposition of such pets can be effectuated.
Antique shops means a store engaged in the retail sales of goods, primarily works of art, furniture, or decorative objects, having the qualities of age or long existence or indicative of a specific period of craftsmanship and design. An antique store may include the retail sale of collectible items, which are goods typically associated with a hobby (stamps, dolls, memorabilia, etc.).
Assisted living facility means a building where sleeping accommodations are provided for at least three unrelated adults, at least 80 percent of whom are 55 years of age or older, and where the following are provided:
(1)
Community-based residential care for persons who need assistance with activities of daily living including personal, supportive, and intermittent health-related services available 24 hours per day, if needed, to meet the scheduled and unscheduled needs of a resident;
(2)
Mandatory services, whether provided directly by the facility or by another entity arranged for by the facility, with the consent of the resident or the resident's representative;
(3)
A physical environment that is a homelike setting that includes individual living units and common space that permits individual and group activities.
Auction house means an establishment where the property of others is sold by a broker or auctioneer to persons who attend scheduled sales periods or events.
Automated teller machine means an automated device that provides banking and similar financial functions at a location that is remote from the controlling financial institution.
Automobile service station means a building, or portion thereof, or lot used for offering for sale at retail to the public, fuels, oils and accessories for motor vehicles, where repair service is incidental, where no storage or parking space is offered for rent and where no motor vehicles, trailers, or boats are offered for sale or rent. When such dispensing, sale, or offering for sale is incidental to the conduct of a public garage, the premises are classified as a public garage.
Awning means a roof-like mechanism, retractable in operation, which projects from the wall of a building.
Bars, cocktail lounges, nightclubs, or taverns means establishments where alcoholic beverages are sold for consumption on the premises, but not including restaurants where the principal business is serving food.
Basement means a story having part but not more than one-half of its floor to clear ceiling height below grade. When a basement is used exclusively for storage purposes, as a garage for use of occupants of the building, or other facilities common to the operation and maintenance of the entire building, it shall not be counted as a story.
Bed and breakfast means a private owner-occupied business in a single-family residence where overnight accommodations and a morning meal are provided to travelers for compensation.
Block means a tract of land bounded by streets, or by a combination of streets, public parks, railroad rights-of-way, or other lines of demarcation.
Building means a structure, having a roof and which is permanently affixed to the land, and built for the enclosure, shelter, or protection of persons, animals, chattels, or movable property of any kind. Buildings are separated on all sides from other structures by yards or by walls in which there are no communicating doors, windows, and other openings. A trailer permanently affixed to the ground which existed on the effective date of the ordinance from which this chapter is derived, shall be considered a building. See Accessory building.
Completely enclosed building means a building with a permanent roof separated on all sides from the adjoining open space, or from other buildings or structures, by exterior or party walls, pierced only by windows and normal entrance and exit doors.
Detached building means a building surrounded by open space on the same lot.
Height of building means the vertical distance from grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
Principal building means a non-accessory building in which is conducted the principal use of the lot.
Building inspector means the building and zoning officer of the city or his duly authorized representative.
Bulk means the size and setback of buildings or structures, and the location of same with respect to one another, and includes the following:
(1)
Size and height of buildings;
(2)
Location of exterior walls;
(3)
Floor area ratio;
(4)
Open space allocated to buildings;
(5)
Lot area and lot width provided per dwelling unit.
Business means an occupation, employment, or enterprise which occupies time, attention, labor, and materials; or wherein merchandise is exhibited or sold, or where services are offered.
Campground means any area that is occupied, intended, designed, or improved for occupancy by transients using recreational vehicles, motor homes, mobile trailers, or tents for dwelling, lodging, or sleeping purposes and is held out as such to the public.
Candle power means the luminous intensity, as evaluated in effectiveness of stimulating visual sensation, of any radiation in a given direction. Candle power shall be measured by the International Candle which was adopted in 1940 as 1/60 of the brightness of freezing platinum.
Car wash means mechanical facilities for the washing and waxing of private automobiles, light trucks, vans, etc., but not semi-trailers. Such facilities may be either self-service or automatic.
Cargo container means a standardized reusable vessel designed without an axle or wheels that was:
(1)
Originally or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities;
(2)
Designed for or capable of being mounted or moved on a rail car;
(3)
Designed for or capable of being mounted on a chassis, bogie or trailer for movement by truck trailer or loaded on a ship.
Carport means a roofed automobile shelter, with two or more open sides.
Catering establishment means an establishment engaged in the preparation of food to be served at an event held off-site.
Cellar means an area having more than one-half of its floor to clear ceiling height below grade and which is not counted as a story.
Clinic, medical or dental, means a building or portion thereof, the principal use of which is for offices of physicians or dentists or both, for the examination and treatment of persons on an out-patient basis.
Closed cup flashpoint means the lowest temperature at which a combustible liquid under prescribed conditions will give off a flammable vapor which will propagate a flame. The Tag closed cup tester shall be authoritative for liquids having a flash point below 175 degrees Fahrenheit. The Pensky-Martens tester shall be authoritative for liquids having a flash point between 175 degrees Fahrenheit and 300 degrees Fahrenheit.
Club lodges and fraternal organizations means nonprofit associations whose facilities are restricted to members and their guests. Food and alcoholic beverages (with a proper liquor permit) may be served on the premises, provided they are secondary and incidental to the principal use.
Commercial-recreational facilities (indoor) means a recreation or sports facility entirely within a building, including such uses as an ice rink, indoor courts, bowling alley, swimming pool, shooting range, gymnastics facilities or such other similar facilities as may be determined by the building and zoning officer.
Commercial-recreational facilities (outdoor) means an establishment devoted primarily to the pursuit of recreational facilities, where the primary recreational activity is conducted outdoor, such as a country club, riding stables, go-cart track, amusement park, shooting range, water park, paintball facility or such other similar facilities as may be determined by the building and zoning officer.
Common open space means a parcel or parcels of land or an area of water, or a combination of land and water within the site designated for a planned unit development and designed or intended for the use or enjoyment of residents of the planned unit development. Common open space may contain such complimentary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the planned unit development.
Communications/cell towers means a structure designated and constructed to support one or more telecommunications antennas and including all appurtenant devices attached to it. A tower may be freestanding or supported (attached directly to the ground and with guy wires) or either lattice or monopole construction.
Communications sales and service means establishments engaged in the sale, rental and repair of communications devices such as telephones, cellular telephones, mobile wifi hotspots and ancillary electronic supplies and devices.
Conforming building or structure means a building or structure which:
(1)
Complies with all the regulations of this chapter or of any amendment thereto governing bulk of the district in which the building or structure is located;
(2)
Is designed or intended for a permitted or conditionally permitted use as allowed in the district in which it is located.
Contractor's office/shop and yards means a lot or portion of a lot or parcel used to store and maintain construction equipment and other materials and facilities customarily required in the building trade by a construction contractor. The term "contractor's office/shop and yards" includes architects, engineers, and surveyors' construction offices, shops, and real estate sign placement services; and showrooms and shops for the display and sale of electrical, plumbing, heating, air conditioning, sheet metal, and other material in connection with contracting services.
Convenience store means a small retail establishment (typically less than 4,000 square feet) that sells a limited line of groceries, pre-packaged foods, beverages, tobacco, periodicals, and other household goods.
Court means an open, unoccupied space other than a yard on the same lot with a building or group of buildings and which is bounded on two or more sides by such buildings.
Cultivation center means a facility operated by an organization or business that is registered by the department of agriculture to perform necessary activities to provide only registered dispensing organizations with usable medical cannabis.
Data center means a facility used primarily for the storage, management, processing, and transmission of digital data which houses computer and/or network equipment, systems, servers, appliances and other associated components, including supporting equipment, related to digital data operations.
Day care center or nursery school means a facility, other than within a residential dwelling unit providing care for children or adults in a protective setting for less than 24 hours per day.
Day care home means a family home that receives more than three and up to a maximum of 12 children or adults for less than 24 hours per day. The number counted includes the family's natural or adopted children and all other persons under the age of 12 years.
Decibel means a unit of measurement of the intensity or loudness of sound. Sound level meters employed to measure the intensity of sound are calibrated in decibels. The term "decibel" is technically defined as 20 times the logarithm to the base ten of the ratio of the sound pressure in microbars to a reference pressure of 0.0002 microbar.
Dispensary organization or medical cannabis dispensing organization means a facility operated by an organization or business that is registered by the department of financial and professional regulations to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients under the Compassionate Use of Medical Cannabis Pilot Program Act, as may be amended from time to time.
Displacement (earth) means the amplitude or intensity of an earthborn vibration measured in inches. The displacement or amplitude is one-half the total earth movement.
Drive-in means an establishment or part thereof in which are provided facilities where serving or consuming commodities or both are intended to occur primarily in patrons' automobiles parked on the premises.
Drive-through facilities means establishments offering goods and services directly to customers who remain in their vehicles such as, but not limited to, banks, financial institutions, restaurants, drug stores or pharmacies and dry cleaners.
Dry cleaner means an establishment which launders or dry cleans articles directly on the premises or which is maintained for the pickup and delivery of dry cleaning where laundering or cleaning is done off-site.
Dwelling means a building, or portion thereof, designed or used exclusively for residential purposes, including single-family, two-family, and multiple-family dwellings, but not including mobile homes or other trailers, or lodging rooms in hotels, motels, or lodginghouses.
Dwelling, detached, means a dwelling which is surrounded on all sides by open space on the same lot.
Dwelling, four-family, means a building containing four single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof.
Dwelling, multiple-family, means a dwelling containing three or more dwelling units.
Dwelling, single-family, means a building designed exclusively for occupancy by one family detached from all other dwellings and surrounded by open space.
Dwelling, single-family detached, means a detached dwelling designed for a single-family.
Dwelling, three-family, means a building containing three single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof.
Dwelling, two-family, means a dwelling containing two dwelling units only, one above the other or side-by-side.
Dwelling unit means one or more rooms which are arranged, designed, or used as living quarters for one family only. Individual bathrooms and complete single kitchen facilities, permanently installed to serve the entire family, shall always be included within each dwelling unit.
Earthborn vibrations means a cyclic movement of the earth due to the propagation of mechanical energy.
Efficiency unit means a dwelling unit consisting of one principal room, exclusive of bathroom, kitchen, hallway, closets, or dining alcove directly off the principal room.
Electric substation means a terminal at which electric energy is received from the transmission system and is delivered to other elements of the transmission system and, generally, to the local distribution system.
Equivalent opacity means the shade on the Ringelmann Chart that most closely corresponds to the density of smoke, other than black or gray.
Establishment, business, means a structure or lot used in whole or in part as a place of business, the ownership or management of which is separate and distinct from the ownership or management of any other place of business located on the same or other lot.
Fallout shelter means an accessory building and use which incorporates the fundamentals for fallout protection, shielding mass, ventilation, and space to live, and which is constructed of such materials, in such a manner as to afford to the occupants substantial protection from radioactive fallout.
Family means one person or two or more persons each related to the other by blood, marriage, or legal adoption, or a group of not more than three persons not all so related, together with his or their domestic servants, maintaining a common household in a dwelling unit. A family may include, in addition thereto, not more than two roomers, boarders, or permanent guests, whether or not gratuitous.
Fence means a structure, including gates, or tree or shrub hedge which is a barrier and used as a boundary or means of protection or confinement.
Financial institution means an establishment which provides personal, commercial, and retail money holding, investment and lending services including such uses as banks, savings and loans, mortgage lending, credit unions, securities and brokerage offices.
Flood-crest elevations means the elevation of the highest flood level that has been or may be subsequently designated by the city engineer. The flood-crest elevation designated by the city engineer shall be based upon a stormwater drainage map showing flood-crest elevations at appropriate locations as approved by the city council.
Floodplain area.
(1)
The term "floodplain area" means that continuous area adjacent to a stream or streambed, or any stormwater retention area and its tributaries, whose elevation is equal to or lower than the flood-crest elevation including also land having an elevation higher than flood-crest elevation but less than ten acres in area and surrounded by land in a floodplain area or an area of such elevation secured by landfill projecting into a floodplain area.
(2)
Any point shall be deemed to be within the floodplain area if it falls below the elevation of a high water mark, as the elevation of the mark is projected in horizontal directions perpendicular to the flow of the stream and thence to intersections at an equal elevation with the land on either side of the stream. Any point between the before-described projections of any two high water marks shall be deemed within the floodplain area if it is at an elevation equal to or lower than similar projections of the interpolated flood-crest elevation. The interpolated flood-crest elevation is the calculated elevation of the flood-crest at the centerline of the stream between two known flood-crests of the nearest upstream and downstream high water marks; and the difference in elevation between the flood-crest at this location and at either of the high water mark projections is directly proportional to the difference in stream centerline distance between the two high water mark projections.
Floor area, for determining floor area ratio, means:
(1)
The sum of the gross horizontal area of the several floors, including also the basement floor of a building, measured from the exterior faces of the exterior walls, or from the centerlines of walls separating two buildings. The floor area shall also include the horizontal areas on each floor devoted to:
a.
Elevator shafts and stairwells;
b.
Mechanical equipment, except if located on the roof, when either open or enclosed, i.e., bulkheads, water tanks, and cooling towers;
c.
Habitable attic space as permitted by the building code of the city;
d.
Interior balconies and mezzanines;
e.
Enclosed porches;
f.
Accessory uses.
(2)
The floor area of structures used for bulk storage of materials (i.e., grain elevators, petroleum tanks) shall also be included in the floor area, and such floor area shall be determined on the basis of the height of such structures with one floor for each ten feet of structure height and if such structure measures less than ten feet but not less than five feet over such floor height intervals, it shall be construed to have an additional floor.
(3)
The horizontal area in each floor of a building devoted to off-street parking and off-street loading facilities and the horizontal area of a cellar floor shall not be included in the floor area.
Floor area, when prescribed as the basis of measurement for off-street parking spaces and off-street loading spaces for any use, shall be the sum of the gross horizontal area of the several floors of the building, excluding areas used for accessory off-street parking facilities and the horizontal areas of the basement and cellar floors, that are devoted exclusively to uses accessory to the operation of the entire building. All horizontal dimensions shall be taken from the exterior of the walls.
Floor area ratio means the numerical value obtained by dividing the floor area within a building on a lot by the area of such lot. (The floor area ratio as designated for each district, when multiplied by the lot area in square feet, shall determine the maximum permissible floor area for the buildings on the lot.)
Footcandle means a unit of illumination, equivalent to the illumination at all points which are one foot distant from a uniform point source of one candle power.
Foot-lambert means a unit of brightness, usually of a reflecting surface. A diffusion surface of uniform brightness reflecting or emitting the equivalent of the light from one candle at one foot distant over one square foot has a brightness of one foot-lambert.
Free burning means the rate of combustion of a material which burns actively and easily supports combustion.
Freight terminal means a building in which freight is assembled, sorted or stored for routing in intrastate or interstate shipment. It shall include any building, structure or vacant land occupied for the storage, warehousing, parking or garaging of storage containers, semi-trailers used as common, contract or special carriers operating under intrastate or interstate certificated rights.
Frequency means the number of oscillations per second in a sound wave and is an index of the pitch of the resulting sound.
Garage, parking, means a building or portion thereof designed or used, exclusively for storage of motor vehicles.
Garage, private, means an accessory building designed and used for the storage of motor vehicles owned and used by the occupants of the building to which it is accessory and in which no occupation or business for profit is carried on. Not more than one of the motor vehicles may be a commercial vehicle of not more than 1½ tons capacity.
Gas station means a building or portion thereof, or lot used for offering for sale at retail to the public, fuels, oils and accessories to motor vehicles where repair service may or may not be incidental, where no storage or parking space if offered for rent, and where no motor vehicles, trailers, or boats are offered for sale or rent. Such establishment may sell a limited line of groceries, pre-packaged foods, beverages, tobacco, periodicals, and other household goods similar to a convenience store.
Grade means the established grade of the street or sidewalk. Where no such grade has been established, the grade shall be the elevation of the sidewalk at the property line. Where no sidewalks exist, the grade shall be the average elevation of the street adjacent to the property line; except in cases of unusual topographic conditions as determined by the building inspector, grade shall be the ground adjoining the exterior walls of a building at the base of a structure.
Gross density means the ratio between total number of dwelling units on a lot and total lot area in acres.
Ground floor area means the lot area covered by a principal building, measured at highest ground grade, adjacent to building, from the exterior faces of the exterior walls, but excluding open porches or terraces, and garages or carports.
Group home means a dwelling or facility used to provide a socially dependent family environment for developmentally or mentally disabled patients, as provided in the federal Fair Housing Act, 42 USC 3601 et seq. The term "group home" shall not include a halfway house used for the recovering chemically dependent, prison work release programs, or any use that does not house, solely, persons with developmental or cognitive disabilities.
Group home, large, means a group home where seven or more persons with developmental or cognitive disabilities reside.
Group home, small, means a group home where six or fewer persons with developmental or cognitive disabilities reside.
Guest, permanent, means a person who occupies or has the right to occupy a lodginghouse, roominghouse, boardinghouse, hotel, apartment hotel or motel accommodation as his domicile and place of permanent residence.
Heliport means a structural surface which is used, or intended for use, for the landing and take-off of helicopters, and any direct maintenance or fueling areas.
Home improvement center means an establishment which sells various household goods, hardware, tools, paints, building materials, household animal supplies, nursery products, etc. Retail stock (e.g., nursery items, timber goods) may be kept outdoors. All such stock (except plant materials) shall be screened.
Home occupation means any gainful and for-profit business, occupation or profession conducted within a dwelling unit by a member of the family residing in the dwelling unit which is incidental and secondary to the use of the dwelling unit for dwelling purposes. The term "home occupation" does not include organizations or groups of persons which are not-for-profit or charitable in nature.
Hotel/motel means an establishment containing sleeping accommodations for occupancy by transient guests, and which provides customary lodging services such as: maid, telephone and secretarial, bellboy and desk services; and the use and upkeep of furnishings and laundering of linens. Related ancillary uses may include, but shall not be limited to, conference and meeting rooms, restaurants, bars and recreational facilities.
Impact noise means a short-duration sound which is incapable of being accurately measured on a sound level meter.
Impulsive means discrete vibration pulsations occurring no more often than one per second.
Incombustible means a material which will not ignite nor actively support combustion during an exposure for five minutes to a temperature of 1,200 degrees Fahrenheit.
Institution means a building occupied by a not-for-profit corporation wholly for public or private use.
Intense burning means the rate of combustion described by a material that burns with a high degree of activity and is consumed rapidly. Examples: sawdust, magnesium (powder, flaked, or strips), and rocket fuels.
Junkyard/scrap yard means any space for storage or sale of junk, scrap material or similar materials, including the dismantling, processing or salvage of vehicles, machinery or parts.
Kennel means any premises or portion thereof on which more than three dogs, cats, or other household domestic animals over one year of age are kept, or on which more than two such animals are maintained, boarded, bred, or cared for, in return for remuneration, or are kept for the purpose of sale. An animal hospital or veterinary clinic where animals are only kept overnight for observation after surgery shall not be considered a kennel. See Research laboratory.
Lambert means 1/929 of a foot-lambert, usually used to designate intrinsic brightness of light sources.
Land-banking means designation of a portion of land on a site that would be required for parking to initially be held and preserved as landscape, rather than constructed as parking.
Landing strip, private, means a strip of land used or intended for use for the landing and take-off of the private aircraft of the owner or lessee of the landing strip and his guests and such accessory structures customarily incidental to the operations which may include one building for the storage and maintenance of not more than two such private aircrafts.
Landowner means the legal or beneficial owner of all the land proposed to be included in a planned unit development. The holder of an option or contract to purchase, a lessee having a remaining term of not less than 40 years, or other person having an enforcement proprietary interest in such land shall be deemed to be a landowner for the purposes of this chapter.
Landscape waste means leaves, grass clippings, yard and garden vegetation, Christmas trees, shrubs, vegetable and flower garden waste, and brush, produced as a result of lawn and garden care and maintenance.
Landscape waste composting facility means a commercial facility where landscape waste is accepted from the public from composting. The term "composting" means an aerobic (oxygen dependent) degradation process by which organic wastes decompose under controlled conditions.
Laundromat means a business that provides coin-operated, self-service type washing, drying, dry cleaning, and ironing facilities.
Loading space means a space within the principal building or on the same lot as the principal building, providing for the standing, loading or unloading of one truck, and with access to a street or alley.
Lot means a tract of land which is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under unified ownership or control. Therefore, a lot may or may not coincide with a lot of record.
Lot, corner, means a lot of which at least two adjacent sides abut for their full length upon streets, provided that the interior angle at the intersection of such two sides is less than 135 degrees.
Lot, interior, means a lot that is not a corner lot.
Lot, reversed corner, means a corner lot, the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.
Lot, through, means a lot having a pair of opposite lot lines along two more or less parallel streets, and which is not a corner lot. Both street lines shall be deemed front lot lines.
Lot area means the area of horizontal plane bounded by lot lines.
Lot coverage means the area of a lot occupied by the principal and accessory structures.
Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.
Lot line means the property line bounding a lot.
Lot line, front, means the boundary of a lot abutting a street. On a corner lot, either lot line may be construed to be the front lot line.
Lot line, interior, means a lot line which does not abut a street.
Lot line, rear, means an interior lot line which is most distant from and is almost parallel to the front lot line, and in the case of an irregularly or triangularly shaped lot, a line ten feet in length within the lot, which is parallel to and at maximum distance from the front lot line.
Lot line, side, means any boundary of a lot which is not a front lot line or a rear lot line.
Lot of record means a single lot which is part of a subdivision, the plat of which has been recorded in the office of the county recorder of deeds.
Lot width means the minimum horizontal distance between the side lot lines of a lot measured at the narrowest width within the 30 feet of depth immediately in back of the front yard line.
Manufactured home means a dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site and built in accordance with the federal manufactured home construction and safety standards.
Marquee orcanopy means a roof-like structure of a permanent nature which projects from the wall of a building.
Massage therapist means a person who is licensed by the state department of professional regulation and administers massage for compensation.
Massage therapy means a system of structured palpitations or movements of the soft tissue of the body. The system may include, but is not limited to, techniques such as effleurage or stroking and gliding, petrissage or kneading, percussion, friction, vibration, compression, and stretching activities as they pertain to massage therapy. These techniques shall be applied by a licensed massage therapist. The purpose of the practice of massage, as licensed under the state Massage Licensing Act (225 ILCS 57/1 et seq.), is to enhance the general health and well-being of the mind and body of the recipient. Massage does not include the diagnosis of a specific pathology. Massage does not include those acts of physical therapy or therapeutic or corrective measures that are outside the scope of massage therapy as designated in the state Massage Licensing Act. Massage therapy shall not be allowed as an ancillary use for a business unless massage therapy is an allowable use in that zoning district.
Medical/dental clinic means a building or a portion of a building containing the offices and associated facilities of one or more practitioners providing medical, dental, psychiatric, osteopathic, chiropractic, or other medical-related services for outpatients only, with or without shared or common spaces, equipment, or assistants.
Microbrewery means a facility for the production and packaging of malt beverages for retail and/or wholesale distribution, with a capacity of not more than 15,000 barrels per year. The facility may include a restaurant or tavern where the beverages produced on-site or in hand-capped, sealed containers in quantities up to one-half barrel. A barrel is the equivalent of 31 gallons.
Micron means a unit of length, equal to one-thousandth part of one millimeter, 0.001 millimeter.
Mobile home means a dwelling that was fabricated in an off-site manufacturing facility, designed to be a permanent residence, and built prior to enactment of the federal manufactured home construction and safety standards.
Mobile home park means a lot, parcel, or tract of land developed with facilities for accommodating two or more mobile homes, provided each mobile home contains a kitchen, flush toilet, and shower or bath; and such park shall be for use only by nontransient dwellers remaining continuously for more than one month, whether or not a charge is made. The term "mobile home park" shall not include a sales lot in which automobiles or unoccupied mobile homes or other trailers are parked for the purpose of inspection or sale, except mobile homes located on a site in the mobile home park which are occupied or vacant for not more than 90 days after occupancy may be sold or offered for sale.
Moderate burning means a rate of combustion described by a material which supports combustion and is consumed slowly as it burns. Examples: wood, timber and logs.
Motor vehicle means any self-propelled, wheeled vehicle designed primarily for transportation of persons or goods along public streets, including, but not limited to, cars, motorcycles and trucks.
Motor vehicle dealership means an establishment that sells or leases new or used motor vehicles. A dealership may include an on-site facility for the repair and service of the vehicles sold or leased by the dealership.
Motor vehicle rental means an establishment engaged in the rental of motor vehicles, including, but not limited to, automobiles, trucks, trailers, motorcycles, mopeds, and recreation vehicles and supplies, including parking and servicing of rental vehicles.
Motor vehicle repair means an establishment dedicated to the repair of motor vehicles. The term "motor vehicle repair" includes, but shall not be limited to, establishments involved in automotive interior and upholstery shops; brake shops diagnostic centers, including oil change and lubrication shops; general automotive repair and maintenance; radiator shops; tire shops; and transmission shops. Other examples include auto body and paint shops; engine rebuilding shops; muffler/exhaust system shops; and rust-proofing and undercoating establishments.
Nameplate means a sign indicating the name and address of a building, or the name of an occupant thereof, and the practice of a permitted occupation therein.
No-access strip means a strip of land within and along a rear lot line of a through lot adjoining a street which is designated on a recorded subdivision plat or property deed as land over which motor vehicular travel shall not be permitted.
Nonconforming building or structure means any building or structure lawfully established which:
(1)
Does not comply with all the regulations of this chapter or of any amendment hereto governing bulk of the district in which such building or structure is located;
(2)
Is designed or intended for a nonconforming use.
Nonconforming use means any building or structure and the use thereof or the use of land that does not conform with the regulations of this chapter or any amendment thereto governing use in the district in which it is located, but conformed with all of the codes, ordinances, and other legal requirements applicable at the time such building, or structure was erected, enlarged, or altered, and the use thereof or the use of land was established.
Noxious matter or material means a material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects to the physical or economic well-being of individuals.
Nursing home means a skilled nursing or intermediate long-term care facility that is subject to licensure by the state department of public health under the Nursing Home Care Act (210 ILCS 45/1-101 et seq.). The term "nursing home" does not include a facility operated solely as an intermediate care facility for the intellectually disabled within the meaning of Title XIX of the Social Security Act. 42 USC 1396—1396v et seq.
Octave band means a prescribed interval of sound frequencies which classifies sound according to its pitch.
Octave band filter means an electronic frequency analyzer designed according to standards of the American Standards Association and used in conjunction with a sound level meter to take measurements of sound pressure level in specific octave bands.
Odorous matter means any material that produces an olfactory response among human beings.
Odor threshold means the lowest concentration of odorous matter in air that will produce an olfactory response in a human being. Odor thresholds shall be determined in accordance with ASTM method D 1391-57, Standard Methods for Measurement of Odor in Atmospheres (Dilution Method).
Offices, business and/or professional, means a room or group of rooms used for conducting the affairs of a business, profession, service, or industry such as, but not limited to, a law firm, stockbroker, insurance, and real estate office.
Off-street parking area or lot means land which is improved and used, or a structure which is designed and used, exclusively for the storage of passenger motor vehicles, either for accessory off-street parking spaces or commercial off-street parking spaces when permitted in this chapter by district regulations.
Open sales lot means land used or occupied for the purpose of buying, selling, or renting merchandise stored or displayed out-of-doors prior to sale. Such merchandise includes automobiles, trucks, motor scooters, motorcycles, boats, or similar commodities.
Parking space means an area, enclosed in a building or unenclosed, reserved for the parking of one motor vehicle and which is accessible to and from a street or alley.
Particulate matter means material other than water which is suspended in or discharged into the atmosphere in a finely divided form as a liquid or solid at outdoor ambient conditions.
Party wall means an interior wall of adjoining structures extending from its footing to the underside of the roof, and which separates and is in common use by such adjoining structures.
Pawnshop means an establishment which provides monetary exchange for collateral, typically personal items such as watches, jewelry, musical instruments, weapons, etc., after which the collateral item is returned to its owner after the money is repaid. Pawnshops typically include a fee with repayment and conduct retail sales of unclaimed items.
Performance standard means criteria established to control smoke and particulate matter, noise, odorous matter, toxic matter, vibration, fire and explosion hazards, glare, and radiation hazards generated by or inherent in uses of land or buildings.
Plan means a proposal for development of a planned unit development, including plat of subdivision, all covenants, grants of easement and other conditions relating to the use, location and bulk of buildings, density of development, common open space and public facilities. The plan shall include such information as required by article XXV, division 5, subdivision II, of this chapter.
Planned development means a parcel or tract of land, initially under single ownership or control, which contains two or more principal buildings and one or more principal uses, planned and constructed as a unified development, and where certain regulations of this chapter for the district where it is located are modified.
Pre-1969 octave bands means the frequency intervals prescribed by the American Standards Association in ASA standards A24, 10-1953, octave band filter set.
Preferred frequencies means a set of octave bands described by the band center frequency and standardized by the American Standards Association in ASA standard N. S1.6-1960, preferred frequencies for acoustical measurements.
Psychic and fortunetelling establishment means an establishment which provides psychic services, such as palm reading and fortunetelling, to the public for a fee.
Public open space means any publicly owned open area, including, but not limited to, the following: parks, playgrounds, forest preserves, waterways, parkways and streets.
Pyrophoric dust means a dust in a finely divided state that is spontaneously combustible in air.
Radiation hazards means the deleterious and harmful effects of all ionizing radiation which includes all radiation capable of producing ions in their passage through matter. Such radiations shall include, but are not limited to, electromagnetic radiations such as X-rays and gamma rays and particulate radiations such as electrons or beta particles, protons, neutrons, and alpha particles.
Railroad right-of-way means a strip of land containing railroad tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.
Refuse means all waste products resulting from human habitation, except sewage.
Religious institution means a place of worship or religious assembly with or without related facilities such as a rectory or convent, private school, meeting hall, offices for administration of the institution, licensed child or adult care, playground or cemetery.
Research laboratory means a building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.
Reservoir parking spaces means those off-street parking spaces allocated for temporary standing of automobiles awaiting entrance to a particular establishment.
Ringelmann Chart means the chart described in the U.S. Bureau of Mines Information Circular 6888, upon which are illustrated graduated shades of gray for use in estimating the light-obscuring capacity of smoke density.
Ringelmann number means the number of the area of the Ringelmann Chart that coincides most nearly with the visual density or equivalent opacity of the emission or smoke observed.
Roadway means that portion of a street which is used or intended to be used for the travel of motor vehicles.
Roadside stand means a structure for the display and sale of only farm products which are produced on the premises.
Secondhand store and resale shop means an establishment for the resale of used or donated household goods (such as, clothing, books, toys, tools, furniture, and other similar items), and for incidental repair or refurbishing prior to resale. This use does not include resale of motor vehicles, industrial or commercial mechanical equipment or related parts.
Self-storage means a facility used for the storage of personal property or commercial inventory where individual renters control individual storage spaces.
Setback means the minimum horizontal distance between a street line and nearest wall of a building, on side of a structure facing such street line, or edge of the area of operation of a principal use when no building on structure is involved.
Setback, established, means, when any lots fronting on one side of a street within a block are improved, the existing setbacks of such improved lot shall be the established setback for determining the depth of the required front yards for the remainder of the lots along such a street frontage, as regulated in this chapter.
Sign means a name, identification, description, illustration, display or device which is affixed to, painted on, represented upon a building, structure or device which attracts attention to a product, place, activity, person, institution, or business. A sign shall not include a display of a court, public or official notice, nor shall it include the flag, emblem, or insignia of a nation, political unit, school, religious or charitable institution or organization. A sign shall also include a permanent sign located within an enclosed building in such a manner as to be viewed or intended for view primarily from the exterior of the building.
Advertising on billboard sign means a sign on which is portrayed information which directs attention to a business, commodity, service, or entertainment or other activity not necessarily related to uses on the lot upon which the sign is located.
Business sign means a sign which directs attention to a business, commodity, service, entertainment or other activity conducted on the lot upon which such sign is located.
Flashing sign means an illuminated sign on which the artificial light is not maintained constant or stationary in intensity or color at all times when such sign is in use. For the purpose of this chapter, a revolving sign, on any advertising device which attracts attention by moving parts, operated by mechanical equipment or movement caused by natural sources, whether or not illuminated with artificial lighting, shall be considered a flashing sign.
Gross surface area of sign means the entire area within a single continuous perimeter enclosing the extreme limits of a sign.
Ground sign means a sign which is supported by one or more uprights on braces in or upon the ground.
Projecting sign means a sign which is affixed to any building wall or structure and extends beyond the building wall or parts thereof or structure more than 12 inches.
Roof sign means a sign erected, constructed, and maintained above the roof of any building.
Wall sign means a sign which is affixed to an exterior wall of any building and shall project not more than 12 inches from the building wall or parts thereof.
Sign store means an establishment which produces general advertising signs of various shapes and sizes for sale at retail.
Slaughterhouse means a use involving the killing of animals for commercial purposes. A stockyard or similar facility that primarily involves the bulk storage or transferring of animals on the way to slaughter shall also be considered a slaughterhouse.
Small wind energy system (SWES) means equipment that converts and then stores or transfers energy from the wind into useable forms of energy. This equipment includes any base, blade, foundation, generator, rotor, tower, transformer, vane, wire, inverter, batteries, or other component used in the system. Such systems shall have a nameplate capacity of 100 kilowatts or less.
Smoke means the visible discharge from a chimney stack, vent, exhaust, or combustion process which is made up of particulate matter.
Smoke unit means the number obtained when the smoke density in the Ringelmann number is multiplied by the time of emission in minutes. For the purpose of this calculation:
(1)
A Ringelmann density reading shall be made at least once a minute during the period of observation;
(2)
Each reading is then multiplied by the time in minutes during which it is observed;
(3)
The various products are then added together to give the total number of smoke units observed during the entire observation period.
Solar energy device means equipment that converts and then stores or transfers energy from the sun into useable forms of energy.
Sound level means the intensity of sound of an operation or use as measured in decibels.
Sound level meter means an instrument for the measurement of sound pressure levels constructed in accordance with the standards of the American Standards Association and calibrated in decibels.
Stable/riding academy means a building or structure where instruction is provided in equestrian sports and/or horses are kept for renumeration, hire or sale.
Story means that portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. The floor of a story may have split levels, provided that there are not more than four feet difference in elevation between the different levels of the floor. A basement shall be counted as a story, except when used for storage, garages for use of occupants of a building or other facilities common for the rest of the building. A mezzanine floor shall be counted as a story when it covers over one-third the area of the floor next below it, or if the vertical distance from the floor next below it to the floor next above it is 24 feet or more.
Story, half, means a partial story under a gable, hip, mansard, 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.
Street means a public or private right-of-way or easement which is designated as a permanent right-of-way or easement for common use as the primary means of vehicular access to properties abutting on it.
Street, frontage, means all of the property fronting on one side of a street between two intersecting streets, or in the case of a dead-end street, all of the property along one side of the street between an intersecting street and the end of such dead-end street.
Street line means the street right-of-way line abutting a property line of a lot.
Structural alteration means any change in the supporting members of a building or structure such as bearing walls, columns, beams or girders, or any substantial change in the roof or in the exterior walls, excepting such repair or replacement as may be required for the safety of the building or structure.
Structure means anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting, the generality of the foregoing, advertising signs, back stops for tennis courts, and pergolas.
Tattoo or body piercing establishment means an establishment which provides a tattooing service to customers. The term "tattoo or body piercing establishment" may include body piercing as an ancillary use. (See article V of chapter 6 for additional definitions and regulations.)
Theatre, indoor, means a building where films, and motion pictures are regularly shown, or an establishment regularly featuring live performance of dramatic productions for any form of consideration.
Three-component measuring system means instruments which measure simultaneously earthborn vibrations in horizontal and vertical planes.
Toxic matter or material means those materials which are capable of causing injury to living organisms by chemical means.
Trailer means any vehicle or portable structure constructed so as to permit occupancy thereof for lodging on dwelling purposes or for the use as an accessory building or structure in the conduct of business, trade, or occupation, and which may be used as a conveyance on streets and highways by its own or other motive power. However, any trailer existing on the effective date of the ordinance codified in this chapter which was permanently affixed to the ground shall be considered a building.
Transitional shelter means a community-based residential facility that provides short-term (120 days or less) room and board in a supervised living environment and generally integrated with counseling and rehabilitation services to assist in the transition to self-sufficiency through the acquisition of a stable income and permanent housing.
Usable open space means permanently reserved open space which is provided as required by this chapter for the use of residents of dwellings.
Use means the purpose or activity for which the land, or building thereon, is designed, arranged, or intended, or for which it is occupied or maintained and includes any manner of performance of such activity with respect to the performance standards of this chapter.
Use, conditionally permitted, means a use that has unusual operational, physical, or other characteristics that may be different from those of the predominant permitted uses in a district, but which is a use that complements and is otherwise, or can be made, compatible with the intended overall development within a district. Compliance with special standards not necessarily applicable to other permitted use or conditionally permitted uses in the district shall be required for a conditionally permitted use, as regulated in this chapter. Any reference to a special use or special use permit shall have the same meaning as a conditionally permitted use, and the terms shall be synonymous for all purposes in this chapter.
Use, lawful, means the use of any building, structure, or land that conforms with all of the regulations of this chapter or any amendment hereto and which conforms with all of the codes, ordinances, and other legal requirements, as existing at the time of the enactment of the ordinance codified in this chapter or any amendment thereto, for the structure or land that is being examined.
Use, nonconforming. See Nonconforming use.
Use, permitted, means any use which is or may be lawfully established in a particular district or districts, provided it conforms to all requirements, regulations, and when applicable, performance standards of this chapter for the district in which such use is located.
Use, principal, means the dominant use of land or buildings as distinguished from a subordinate or accessory use.
Vending machine means a machine for dispensing merchandise or services.
Vibration means the periodic displacement, measured in inches, of earth at designated frequency cycles per second.
Warehousing, storage and distribution facility means a facility used for the storage or distribution of manufactured products, supplies and equipment.
Yard means an open area on a lot which is unobstructed from its lowest level to the sky, except as otherwise provided in this chapter.
Yard, front, means a yard which is bounded by the side lot lines, front lot line, and the front yard line.
Yard, interior side, means a side yard which adjoins another lot on an alley separating such side yard from another lot.
Yard, rear, means a yard which is bounded by side lot lines, near lot line, and the near yard line.
Yard, side, means a yard which is bounded by the rear yard line, front yard line, side yard line, and side lot line.
Yard, side-adjoining a street, means a yard which is bounded by the rear yard line, front yard line, side yard line, and side lot line adjoining a street line.
Yard line means a line in a lot that is parallel to the lot line along which the applicable yard extends, and which is not nearer to such lot line at any point than the required depth or width of the applicable yard. A building, structure or other obstruction shall not encroach into the area between the yard line and such adjacent lot line, except for such permitted obstructions in yards as are set forth in this chapter.
Zoning district means any of the districts into which the city has been divided for zoning regulations and requirements as set forth on the zoning district map.
Zoning district map means the zoning district map of the city on file at city hall.
(Code 2012, §§ 17.06.012, 17.06.016, 17.06.024, 17.06.028, 17.06.029, 17.06.030, 17.06.031, 17.06.031.1, 17.06.031.2, 17.06.031.3, 17.06.031.4, 17.06.032, 17.06.036, 17.06.040, 17.06.044, 17.06.048, 17.06.050, 17.06.051, 17.06.052, 17.06.053, 17.06.054, 17.06.056, 17.06.064, 17.06.066, 17.06.068, 17.06.070, 17.06.072, 17.06.080, 17.06.084, 17.06.088, 17.06.092, 17.06.096, 17.06.100, 17.06.104, 17.06.108, 17.06.112, 17.06.114, 17.06.116, 17.06.117, 17.06.118, 17.06.120, 17.06.122, 17.06.124, 17.06.144, 17.06.148, 17.06.152, 17.06.154, 17.06.155, 17.06.156, 17.06.158, 17.06.159, 17.06.160, 17.06.162, 17.06.163, 17.06.164, 17.06.165, 17.06.166, 17.06.167, 17.06.168, 17.06.171, 17.06.172, 17.06.176, 17.06.178, 17.06.179, 17.06.180, 17.06.188, 17.06.192, 17.06.200, 17.06.201, 17.06.202, 17.06.203, 17.06.204, 17.06.208, 17.06.212, 17.06.216, 17.06.224, 17.06.228, 17.06.232, 17.06.236, 17.06.240, 17.06.244, 17.06.246, 17.06.248, 17.06.252, 17.06.256, 17.06.260, 17.06.264, 17.06.268, 17.06.272, 17.06.276, 17.06.280, 17.06.284, 17.06.292, 17.06.294, 17.06.296, 17.06.300, 17.06.304, 17.06.306, 17.06.308, 17.06.310, 17.06.311, 17.06.312, 17.06.316, 17.06.324, 17.06.328, 17.06.332, 17.06.336, 17.06.340, 17.06.344, 17.06.348, 17.06.352, 17.06.356, 17.06.360, 17.06.364, 17.06.366, 17.06.368, 17.06.372, 17.06.384, 17.06.388, 17.06.392, 17.06.396, 17.06.400, 17.06.404, 17.06.408, 17.06.412, 17.06.416, 17.06.420, 17.06.424, 17.06.428, 17.06.432, 17.06.436, 17.06.440, 17.06.444, 17.06.448, 17.06.449, 17.06.450, 17.06.451, 17.06.452, 17.06.453, 17.06.456, 17.06.460, 17.06.464, 17.06.476, 17.06.478, 17.06.479, 17.06.480, 17.06.481, 17.06.484, 17.06.488, 17.06.492, 17.06.496, 17.06.504, 17.06.508, 17.06.512, 17.06.516, 17.06.520, 17.06.522, 17.06.524, 17.06.528, 17.06.532, 17.06.536, 17.06.540, 17.06.542, 17.06.544, 17.06.548, 17.06.552, 17.06.564, 17.06.568, 17.06.570, 17.06.572, 17.06.576, 17.06.580, 17.06.584, 17.06.588, 17.06.590, 17.06.592, 17.06.596, 17.06.600, 17.06.604, 17.06.608, 17.06.610, 17.06.611, 17.06.612, 17.06.616, 17.06.620, 17.06.624, 17.06.628, 17.06.632, 17.06.636, 17.06.640, 17.06.644, 17.06.648, 17.06.650, 17.06.652, 17.06.654, 17.06.655, 17.06.656, 17.06.657, 17.06.660, 17.06.664, 17.06.668, 17.06.676, 17.06.680, 17.06.684, 17.06.688, 17.06.692, 17.06.696, 17.06.700, 17.06.704, 17.06.708, 17.06.710, 17.06.714, 17.06.716, 17.06.728, 17.06.732, 17.06.736, 17.06.744, 17.06.748, 17.06.756, 17.06.760, 17.06.764, 17.06.768, 17.06.772, 17.06.776, 17.06.780, 17.06.782, 17.06.784, 17.06.788, 17.06.792, 17.06.796, 17.06.800, 17.06.804, 17.06.808, 17.06.820, 17.06.824; Ord. No. 3976, § 2, 7-1-2013; Ord. No. 4071, § 3, 5-4-2015; Ord. No. 4174, §§ 2, 3, 4-17-2017; Ord. No. 4313, § 3, 11-4-2019; Ord. No. 4647, § 8, 10-21-2024)
- IN GENERAL
This chapter is adopted for the purposes of:
(1)
Promoting the public health, safety, comfort, morals, convenience, and general welfare;
(2)
Securing adequate natural light, pure air, and safety from fire and other dangers;
(3)
Lessening or avoiding the hazards to persons and damage to property resulting from the accumulation or runoff of stormwaters or floodwaters;
(4)
Lessening or avoiding congestion in the public streets and highways;
(5)
Conserving the value of land and buildings throughout the city;
(6)
Preserving and enhancing aesthetic values throughout the city.
(Code 2012, § 17.03.020; Ord. of 9-28-1966, § 2(A))
To the ends specified in section 48-1, this chapter is intended to accomplish certain standards and objectives by:
(1)
Dividing the entire city into districts and regulating therein the location, construction, reconstruction, alteration, and use of buildings, structures, and land, whether for agricultural, residential, business, commercial, manufacturing, or other specified uses;
(2)
Avoiding or lessening congestion in the public streets by adequate requirements for off-street parking and loading facilities;
(3)
Preventing the overcrowding of land by regulating and limiting the height and bulk of buildings hereafter erected;
(4)
Establishing, regulating, and limiting the building or setback lines along streets, alleys, and property lines;
(5)
Regulating and limiting the intensity of the use of lot areas, and regulating arid determining the area of open spaces surrounding buildings;
(6)
Establishing standards to which buildings or structures therein shall conform;
(7)
Permitting in each zoning district only those uses, buildings, and structures that are compatible with the character of each district;
(8)
Preventing additions to, and alterations or remodeling of, existing buildings or structures in such a way as to avoid the restrictions and limitations imposed under this chapter;
(9)
Providing controls governing the continuation of those existing uses, buildings, and structures, which are incompatible with the character of the districts in which they are located;
(10)
Providing for the gradual elimination of structures and uses which are incompatible with the character of the districts in which they are located;
(11)
Defining the powers and duties of the administrative officers and bodies as provided in this chapter;
(12)
Prescribing penalties for the violation of the provisions of this chapter, or of any amendment thereto.
(Code 2012, § 17.03.030; Ord. of 9-28-1966, § 2(B))
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion and protection of the public health, safety, morals and general welfare. In addition:
(1)
Where the conditions imposed by any provision of this chapter upon the use of land, buildings, or structures; height of buildings or structures; floor area requirements; lot area and width requirements; yard and other open space requirements; and other provisions of this chapter, are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this chapter or of any other law, ordinance, resolution, rule, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.
(2)
This chapter is not intended to abrogate any easement, covenant, or other private agreement, provided that where the regulations of this chapter are more restrictive or impose higher standards of requirements than such easements, covenants, or other private agreements, the requirements of this chapter shall govern.
(3)
No building, structure, or use not lawfully existing at the time of the adoption of the ordinance from which this chapter is derived shall become or be made lawful solely by reason of the adoption of the ordinance from which this chapter is derived; and to the extent that, and in any manner that the unlawful building, structure, or use is in conflict with the requirements of this chapter, the building, structure, or use remains unlawful under the provisions of this chapter.
(Code 2012, § 17.03.040; Ord. of 9-28-1966, § 3)
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abuts, abutting means to have a common property line or district line.
Accessory building, structure or use means a building, structure, or use that:
(1)
Is subordinate to and serves a principal building, structure or use;
(2)
Is located on the same zoning lot as the principal building, structure, or use served, except as otherwise expressly authorized by the provisions of this chapter; and
(3)
Contributes to the comfort, convenience, necessity, or benefit of the occupants, employees, customers, or visitors of or to the principal building, structure, or use served.
Adjacent means lying near or close to, in the vicinity of.
Adjoining means touching or contiguous, as distinguished from lying nearby.
Adult-use cannabis business establishment means an adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.
Adult-use cannabis craft grower means a facility operated by an organization or business that is licensed by the state department of agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, 410 ILCS 705/1-1 et seq., as it may be amended from time-to-time, and regulations promulgated thereunder.
Adult-use cannabis cultivation center means a facility operated by an organization or business that is licensed by the state department of agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, 410 ILCS 705/1-1 et seq., as it may be amended from time-to-time, and regulations promulgated thereunder.
Adult-use cannabis dispensing organization means a facility operated by an organization or business that is licensed by the state department of financial and professional regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, 410 ILCS 705/1-1 et seq., as it may be amended from time-to-time, and regulations promulgated thereunder.
Adult-use cannabis infuser organization or infuser means a facility operated by an organization or business that is licensed by the state department of agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, 410 ILCS 705/1-1 et seq., as it may be amended from time-to-time, and regulations promulgated thereunder.
Adult-use cannabis processing organization or processor means a facility operated by an organization or business that is licensed by the state department of agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, 410 ILCS 705/1-1 et seq., as it may be amended from time-to-time, and regulations promulgated thereunder.
Adult-use cannabis transporting organization or transporter means an organization or business that is licensed by the state department of agriculture to transport cannabis on behalf of a cannabis business establishment, or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, 410 ILCS 705/1-1 et seq., as it may be amended from time-to-time, and regulations promulgated thereunder.
Agriculture means the raising of food and feed crops and products, including tree and vine products; animal husbandry including beekeeping, dairying, poultry, and pasturage and the like, but excluding commercial feed lots, fur farms, kennels, and boarding and riding stables. It includes the ordinary accessory uses and structures including a farm dwelling and preparing, treating, and storing products, equipment and machinery; provided, however, that the operation of any such accessory uses shall be secondary to that of ordinary agricultural activities.
Airport means any area of land or water which is used, or intended, for the landing and take-off of aircraft, and any appurtenant areas that are used or intended for use for airport buildings or other airport facilities or rights-of-way, including all necessary taxiways, aircraft storage and tie-down areas, hangars, and other necessary buildings and open spaces.
Alley means a right-of-way which affords a secondary means of vehicular access to abutting properties.
Alteration means a change in size, shape, character of use of a building or structure.
Animal hospital and veterinary clinics means a building or portion thereof designed or used for the care, observation, or treatment of domestic animals.
Animal pounds and shelters means any place designated to provide for the temporary accommodation of five or more common household pets which are stray or not wanted by their owner until appropriate disposition of such pets can be effectuated.
Antique shops means a store engaged in the retail sales of goods, primarily works of art, furniture, or decorative objects, having the qualities of age or long existence or indicative of a specific period of craftsmanship and design. An antique store may include the retail sale of collectible items, which are goods typically associated with a hobby (stamps, dolls, memorabilia, etc.).
Assisted living facility means a building where sleeping accommodations are provided for at least three unrelated adults, at least 80 percent of whom are 55 years of age or older, and where the following are provided:
(1)
Community-based residential care for persons who need assistance with activities of daily living including personal, supportive, and intermittent health-related services available 24 hours per day, if needed, to meet the scheduled and unscheduled needs of a resident;
(2)
Mandatory services, whether provided directly by the facility or by another entity arranged for by the facility, with the consent of the resident or the resident's representative;
(3)
A physical environment that is a homelike setting that includes individual living units and common space that permits individual and group activities.
Auction house means an establishment where the property of others is sold by a broker or auctioneer to persons who attend scheduled sales periods or events.
Automated teller machine means an automated device that provides banking and similar financial functions at a location that is remote from the controlling financial institution.
Automobile service station means a building, or portion thereof, or lot used for offering for sale at retail to the public, fuels, oils and accessories for motor vehicles, where repair service is incidental, where no storage or parking space is offered for rent and where no motor vehicles, trailers, or boats are offered for sale or rent. When such dispensing, sale, or offering for sale is incidental to the conduct of a public garage, the premises are classified as a public garage.
Awning means a roof-like mechanism, retractable in operation, which projects from the wall of a building.
Bars, cocktail lounges, nightclubs, or taverns means establishments where alcoholic beverages are sold for consumption on the premises, but not including restaurants where the principal business is serving food.
Basement means a story having part but not more than one-half of its floor to clear ceiling height below grade. When a basement is used exclusively for storage purposes, as a garage for use of occupants of the building, or other facilities common to the operation and maintenance of the entire building, it shall not be counted as a story.
Bed and breakfast means a private owner-occupied business in a single-family residence where overnight accommodations and a morning meal are provided to travelers for compensation.
Block means a tract of land bounded by streets, or by a combination of streets, public parks, railroad rights-of-way, or other lines of demarcation.
Building means a structure, having a roof and which is permanently affixed to the land, and built for the enclosure, shelter, or protection of persons, animals, chattels, or movable property of any kind. Buildings are separated on all sides from other structures by yards or by walls in which there are no communicating doors, windows, and other openings. A trailer permanently affixed to the ground which existed on the effective date of the ordinance from which this chapter is derived, shall be considered a building. See Accessory building.
Completely enclosed building means a building with a permanent roof separated on all sides from the adjoining open space, or from other buildings or structures, by exterior or party walls, pierced only by windows and normal entrance and exit doors.
Detached building means a building surrounded by open space on the same lot.
Height of building means the vertical distance from grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
Principal building means a non-accessory building in which is conducted the principal use of the lot.
Building inspector means the building and zoning officer of the city or his duly authorized representative.
Bulk means the size and setback of buildings or structures, and the location of same with respect to one another, and includes the following:
(1)
Size and height of buildings;
(2)
Location of exterior walls;
(3)
Floor area ratio;
(4)
Open space allocated to buildings;
(5)
Lot area and lot width provided per dwelling unit.
Business means an occupation, employment, or enterprise which occupies time, attention, labor, and materials; or wherein merchandise is exhibited or sold, or where services are offered.
Campground means any area that is occupied, intended, designed, or improved for occupancy by transients using recreational vehicles, motor homes, mobile trailers, or tents for dwelling, lodging, or sleeping purposes and is held out as such to the public.
Candle power means the luminous intensity, as evaluated in effectiveness of stimulating visual sensation, of any radiation in a given direction. Candle power shall be measured by the International Candle which was adopted in 1940 as 1/60 of the brightness of freezing platinum.
Car wash means mechanical facilities for the washing and waxing of private automobiles, light trucks, vans, etc., but not semi-trailers. Such facilities may be either self-service or automatic.
Cargo container means a standardized reusable vessel designed without an axle or wheels that was:
(1)
Originally or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities;
(2)
Designed for or capable of being mounted or moved on a rail car;
(3)
Designed for or capable of being mounted on a chassis, bogie or trailer for movement by truck trailer or loaded on a ship.
Carport means a roofed automobile shelter, with two or more open sides.
Catering establishment means an establishment engaged in the preparation of food to be served at an event held off-site.
Cellar means an area having more than one-half of its floor to clear ceiling height below grade and which is not counted as a story.
Clinic, medical or dental, means a building or portion thereof, the principal use of which is for offices of physicians or dentists or both, for the examination and treatment of persons on an out-patient basis.
Closed cup flashpoint means the lowest temperature at which a combustible liquid under prescribed conditions will give off a flammable vapor which will propagate a flame. The Tag closed cup tester shall be authoritative for liquids having a flash point below 175 degrees Fahrenheit. The Pensky-Martens tester shall be authoritative for liquids having a flash point between 175 degrees Fahrenheit and 300 degrees Fahrenheit.
Club lodges and fraternal organizations means nonprofit associations whose facilities are restricted to members and their guests. Food and alcoholic beverages (with a proper liquor permit) may be served on the premises, provided they are secondary and incidental to the principal use.
Commercial-recreational facilities (indoor) means a recreation or sports facility entirely within a building, including such uses as an ice rink, indoor courts, bowling alley, swimming pool, shooting range, gymnastics facilities or such other similar facilities as may be determined by the building and zoning officer.
Commercial-recreational facilities (outdoor) means an establishment devoted primarily to the pursuit of recreational facilities, where the primary recreational activity is conducted outdoor, such as a country club, riding stables, go-cart track, amusement park, shooting range, water park, paintball facility or such other similar facilities as may be determined by the building and zoning officer.
Common open space means a parcel or parcels of land or an area of water, or a combination of land and water within the site designated for a planned unit development and designed or intended for the use or enjoyment of residents of the planned unit development. Common open space may contain such complimentary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the planned unit development.
Communications/cell towers means a structure designated and constructed to support one or more telecommunications antennas and including all appurtenant devices attached to it. A tower may be freestanding or supported (attached directly to the ground and with guy wires) or either lattice or monopole construction.
Communications sales and service means establishments engaged in the sale, rental and repair of communications devices such as telephones, cellular telephones, mobile wifi hotspots and ancillary electronic supplies and devices.
Conforming building or structure means a building or structure which:
(1)
Complies with all the regulations of this chapter or of any amendment thereto governing bulk of the district in which the building or structure is located;
(2)
Is designed or intended for a permitted or conditionally permitted use as allowed in the district in which it is located.
Contractor's office/shop and yards means a lot or portion of a lot or parcel used to store and maintain construction equipment and other materials and facilities customarily required in the building trade by a construction contractor. The term "contractor's office/shop and yards" includes architects, engineers, and surveyors' construction offices, shops, and real estate sign placement services; and showrooms and shops for the display and sale of electrical, plumbing, heating, air conditioning, sheet metal, and other material in connection with contracting services.
Convenience store means a small retail establishment (typically less than 4,000 square feet) that sells a limited line of groceries, pre-packaged foods, beverages, tobacco, periodicals, and other household goods.
Court means an open, unoccupied space other than a yard on the same lot with a building or group of buildings and which is bounded on two or more sides by such buildings.
Cultivation center means a facility operated by an organization or business that is registered by the department of agriculture to perform necessary activities to provide only registered dispensing organizations with usable medical cannabis.
Data center means a facility used primarily for the storage, management, processing, and transmission of digital data which houses computer and/or network equipment, systems, servers, appliances and other associated components, including supporting equipment, related to digital data operations.
Day care center or nursery school means a facility, other than within a residential dwelling unit providing care for children or adults in a protective setting for less than 24 hours per day.
Day care home means a family home that receives more than three and up to a maximum of 12 children or adults for less than 24 hours per day. The number counted includes the family's natural or adopted children and all other persons under the age of 12 years.
Decibel means a unit of measurement of the intensity or loudness of sound. Sound level meters employed to measure the intensity of sound are calibrated in decibels. The term "decibel" is technically defined as 20 times the logarithm to the base ten of the ratio of the sound pressure in microbars to a reference pressure of 0.0002 microbar.
Dispensary organization or medical cannabis dispensing organization means a facility operated by an organization or business that is registered by the department of financial and professional regulations to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients under the Compassionate Use of Medical Cannabis Pilot Program Act, as may be amended from time to time.
Displacement (earth) means the amplitude or intensity of an earthborn vibration measured in inches. The displacement or amplitude is one-half the total earth movement.
Drive-in means an establishment or part thereof in which are provided facilities where serving or consuming commodities or both are intended to occur primarily in patrons' automobiles parked on the premises.
Drive-through facilities means establishments offering goods and services directly to customers who remain in their vehicles such as, but not limited to, banks, financial institutions, restaurants, drug stores or pharmacies and dry cleaners.
Dry cleaner means an establishment which launders or dry cleans articles directly on the premises or which is maintained for the pickup and delivery of dry cleaning where laundering or cleaning is done off-site.
Dwelling means a building, or portion thereof, designed or used exclusively for residential purposes, including single-family, two-family, and multiple-family dwellings, but not including mobile homes or other trailers, or lodging rooms in hotels, motels, or lodginghouses.
Dwelling, detached, means a dwelling which is surrounded on all sides by open space on the same lot.
Dwelling, four-family, means a building containing four single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof.
Dwelling, multiple-family, means a dwelling containing three or more dwelling units.
Dwelling, single-family, means a building designed exclusively for occupancy by one family detached from all other dwellings and surrounded by open space.
Dwelling, single-family detached, means a detached dwelling designed for a single-family.
Dwelling, three-family, means a building containing three single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof.
Dwelling, two-family, means a dwelling containing two dwelling units only, one above the other or side-by-side.
Dwelling unit means one or more rooms which are arranged, designed, or used as living quarters for one family only. Individual bathrooms and complete single kitchen facilities, permanently installed to serve the entire family, shall always be included within each dwelling unit.
Earthborn vibrations means a cyclic movement of the earth due to the propagation of mechanical energy.
Efficiency unit means a dwelling unit consisting of one principal room, exclusive of bathroom, kitchen, hallway, closets, or dining alcove directly off the principal room.
Electric substation means a terminal at which electric energy is received from the transmission system and is delivered to other elements of the transmission system and, generally, to the local distribution system.
Equivalent opacity means the shade on the Ringelmann Chart that most closely corresponds to the density of smoke, other than black or gray.
Establishment, business, means a structure or lot used in whole or in part as a place of business, the ownership or management of which is separate and distinct from the ownership or management of any other place of business located on the same or other lot.
Fallout shelter means an accessory building and use which incorporates the fundamentals for fallout protection, shielding mass, ventilation, and space to live, and which is constructed of such materials, in such a manner as to afford to the occupants substantial protection from radioactive fallout.
Family means one person or two or more persons each related to the other by blood, marriage, or legal adoption, or a group of not more than three persons not all so related, together with his or their domestic servants, maintaining a common household in a dwelling unit. A family may include, in addition thereto, not more than two roomers, boarders, or permanent guests, whether or not gratuitous.
Fence means a structure, including gates, or tree or shrub hedge which is a barrier and used as a boundary or means of protection or confinement.
Financial institution means an establishment which provides personal, commercial, and retail money holding, investment and lending services including such uses as banks, savings and loans, mortgage lending, credit unions, securities and brokerage offices.
Flood-crest elevations means the elevation of the highest flood level that has been or may be subsequently designated by the city engineer. The flood-crest elevation designated by the city engineer shall be based upon a stormwater drainage map showing flood-crest elevations at appropriate locations as approved by the city council.
Floodplain area.
(1)
The term "floodplain area" means that continuous area adjacent to a stream or streambed, or any stormwater retention area and its tributaries, whose elevation is equal to or lower than the flood-crest elevation including also land having an elevation higher than flood-crest elevation but less than ten acres in area and surrounded by land in a floodplain area or an area of such elevation secured by landfill projecting into a floodplain area.
(2)
Any point shall be deemed to be within the floodplain area if it falls below the elevation of a high water mark, as the elevation of the mark is projected in horizontal directions perpendicular to the flow of the stream and thence to intersections at an equal elevation with the land on either side of the stream. Any point between the before-described projections of any two high water marks shall be deemed within the floodplain area if it is at an elevation equal to or lower than similar projections of the interpolated flood-crest elevation. The interpolated flood-crest elevation is the calculated elevation of the flood-crest at the centerline of the stream between two known flood-crests of the nearest upstream and downstream high water marks; and the difference in elevation between the flood-crest at this location and at either of the high water mark projections is directly proportional to the difference in stream centerline distance between the two high water mark projections.
Floor area, for determining floor area ratio, means:
(1)
The sum of the gross horizontal area of the several floors, including also the basement floor of a building, measured from the exterior faces of the exterior walls, or from the centerlines of walls separating two buildings. The floor area shall also include the horizontal areas on each floor devoted to:
a.
Elevator shafts and stairwells;
b.
Mechanical equipment, except if located on the roof, when either open or enclosed, i.e., bulkheads, water tanks, and cooling towers;
c.
Habitable attic space as permitted by the building code of the city;
d.
Interior balconies and mezzanines;
e.
Enclosed porches;
f.
Accessory uses.
(2)
The floor area of structures used for bulk storage of materials (i.e., grain elevators, petroleum tanks) shall also be included in the floor area, and such floor area shall be determined on the basis of the height of such structures with one floor for each ten feet of structure height and if such structure measures less than ten feet but not less than five feet over such floor height intervals, it shall be construed to have an additional floor.
(3)
The horizontal area in each floor of a building devoted to off-street parking and off-street loading facilities and the horizontal area of a cellar floor shall not be included in the floor area.
Floor area, when prescribed as the basis of measurement for off-street parking spaces and off-street loading spaces for any use, shall be the sum of the gross horizontal area of the several floors of the building, excluding areas used for accessory off-street parking facilities and the horizontal areas of the basement and cellar floors, that are devoted exclusively to uses accessory to the operation of the entire building. All horizontal dimensions shall be taken from the exterior of the walls.
Floor area ratio means the numerical value obtained by dividing the floor area within a building on a lot by the area of such lot. (The floor area ratio as designated for each district, when multiplied by the lot area in square feet, shall determine the maximum permissible floor area for the buildings on the lot.)
Footcandle means a unit of illumination, equivalent to the illumination at all points which are one foot distant from a uniform point source of one candle power.
Foot-lambert means a unit of brightness, usually of a reflecting surface. A diffusion surface of uniform brightness reflecting or emitting the equivalent of the light from one candle at one foot distant over one square foot has a brightness of one foot-lambert.
Free burning means the rate of combustion of a material which burns actively and easily supports combustion.
Freight terminal means a building in which freight is assembled, sorted or stored for routing in intrastate or interstate shipment. It shall include any building, structure or vacant land occupied for the storage, warehousing, parking or garaging of storage containers, semi-trailers used as common, contract or special carriers operating under intrastate or interstate certificated rights.
Frequency means the number of oscillations per second in a sound wave and is an index of the pitch of the resulting sound.
Garage, parking, means a building or portion thereof designed or used, exclusively for storage of motor vehicles.
Garage, private, means an accessory building designed and used for the storage of motor vehicles owned and used by the occupants of the building to which it is accessory and in which no occupation or business for profit is carried on. Not more than one of the motor vehicles may be a commercial vehicle of not more than 1½ tons capacity.
Gas station means a building or portion thereof, or lot used for offering for sale at retail to the public, fuels, oils and accessories to motor vehicles where repair service may or may not be incidental, where no storage or parking space if offered for rent, and where no motor vehicles, trailers, or boats are offered for sale or rent. Such establishment may sell a limited line of groceries, pre-packaged foods, beverages, tobacco, periodicals, and other household goods similar to a convenience store.
Grade means the established grade of the street or sidewalk. Where no such grade has been established, the grade shall be the elevation of the sidewalk at the property line. Where no sidewalks exist, the grade shall be the average elevation of the street adjacent to the property line; except in cases of unusual topographic conditions as determined by the building inspector, grade shall be the ground adjoining the exterior walls of a building at the base of a structure.
Gross density means the ratio between total number of dwelling units on a lot and total lot area in acres.
Ground floor area means the lot area covered by a principal building, measured at highest ground grade, adjacent to building, from the exterior faces of the exterior walls, but excluding open porches or terraces, and garages or carports.
Group home means a dwelling or facility used to provide a socially dependent family environment for developmentally or mentally disabled patients, as provided in the federal Fair Housing Act, 42 USC 3601 et seq. The term "group home" shall not include a halfway house used for the recovering chemically dependent, prison work release programs, or any use that does not house, solely, persons with developmental or cognitive disabilities.
Group home, large, means a group home where seven or more persons with developmental or cognitive disabilities reside.
Group home, small, means a group home where six or fewer persons with developmental or cognitive disabilities reside.
Guest, permanent, means a person who occupies or has the right to occupy a lodginghouse, roominghouse, boardinghouse, hotel, apartment hotel or motel accommodation as his domicile and place of permanent residence.
Heliport means a structural surface which is used, or intended for use, for the landing and take-off of helicopters, and any direct maintenance or fueling areas.
Home improvement center means an establishment which sells various household goods, hardware, tools, paints, building materials, household animal supplies, nursery products, etc. Retail stock (e.g., nursery items, timber goods) may be kept outdoors. All such stock (except plant materials) shall be screened.
Home occupation means any gainful and for-profit business, occupation or profession conducted within a dwelling unit by a member of the family residing in the dwelling unit which is incidental and secondary to the use of the dwelling unit for dwelling purposes. The term "home occupation" does not include organizations or groups of persons which are not-for-profit or charitable in nature.
Hotel/motel means an establishment containing sleeping accommodations for occupancy by transient guests, and which provides customary lodging services such as: maid, telephone and secretarial, bellboy and desk services; and the use and upkeep of furnishings and laundering of linens. Related ancillary uses may include, but shall not be limited to, conference and meeting rooms, restaurants, bars and recreational facilities.
Impact noise means a short-duration sound which is incapable of being accurately measured on a sound level meter.
Impulsive means discrete vibration pulsations occurring no more often than one per second.
Incombustible means a material which will not ignite nor actively support combustion during an exposure for five minutes to a temperature of 1,200 degrees Fahrenheit.
Institution means a building occupied by a not-for-profit corporation wholly for public or private use.
Intense burning means the rate of combustion described by a material that burns with a high degree of activity and is consumed rapidly. Examples: sawdust, magnesium (powder, flaked, or strips), and rocket fuels.
Junkyard/scrap yard means any space for storage or sale of junk, scrap material or similar materials, including the dismantling, processing or salvage of vehicles, machinery or parts.
Kennel means any premises or portion thereof on which more than three dogs, cats, or other household domestic animals over one year of age are kept, or on which more than two such animals are maintained, boarded, bred, or cared for, in return for remuneration, or are kept for the purpose of sale. An animal hospital or veterinary clinic where animals are only kept overnight for observation after surgery shall not be considered a kennel. See Research laboratory.
Lambert means 1/929 of a foot-lambert, usually used to designate intrinsic brightness of light sources.
Land-banking means designation of a portion of land on a site that would be required for parking to initially be held and preserved as landscape, rather than constructed as parking.
Landing strip, private, means a strip of land used or intended for use for the landing and take-off of the private aircraft of the owner or lessee of the landing strip and his guests and such accessory structures customarily incidental to the operations which may include one building for the storage and maintenance of not more than two such private aircrafts.
Landowner means the legal or beneficial owner of all the land proposed to be included in a planned unit development. The holder of an option or contract to purchase, a lessee having a remaining term of not less than 40 years, or other person having an enforcement proprietary interest in such land shall be deemed to be a landowner for the purposes of this chapter.
Landscape waste means leaves, grass clippings, yard and garden vegetation, Christmas trees, shrubs, vegetable and flower garden waste, and brush, produced as a result of lawn and garden care and maintenance.
Landscape waste composting facility means a commercial facility where landscape waste is accepted from the public from composting. The term "composting" means an aerobic (oxygen dependent) degradation process by which organic wastes decompose under controlled conditions.
Laundromat means a business that provides coin-operated, self-service type washing, drying, dry cleaning, and ironing facilities.
Loading space means a space within the principal building or on the same lot as the principal building, providing for the standing, loading or unloading of one truck, and with access to a street or alley.
Lot means a tract of land which is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under unified ownership or control. Therefore, a lot may or may not coincide with a lot of record.
Lot, corner, means a lot of which at least two adjacent sides abut for their full length upon streets, provided that the interior angle at the intersection of such two sides is less than 135 degrees.
Lot, interior, means a lot that is not a corner lot.
Lot, reversed corner, means a corner lot, the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.
Lot, through, means a lot having a pair of opposite lot lines along two more or less parallel streets, and which is not a corner lot. Both street lines shall be deemed front lot lines.
Lot area means the area of horizontal plane bounded by lot lines.
Lot coverage means the area of a lot occupied by the principal and accessory structures.
Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.
Lot line means the property line bounding a lot.
Lot line, front, means the boundary of a lot abutting a street. On a corner lot, either lot line may be construed to be the front lot line.
Lot line, interior, means a lot line which does not abut a street.
Lot line, rear, means an interior lot line which is most distant from and is almost parallel to the front lot line, and in the case of an irregularly or triangularly shaped lot, a line ten feet in length within the lot, which is parallel to and at maximum distance from the front lot line.
Lot line, side, means any boundary of a lot which is not a front lot line or a rear lot line.
Lot of record means a single lot which is part of a subdivision, the plat of which has been recorded in the office of the county recorder of deeds.
Lot width means the minimum horizontal distance between the side lot lines of a lot measured at the narrowest width within the 30 feet of depth immediately in back of the front yard line.
Manufactured home means a dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site and built in accordance with the federal manufactured home construction and safety standards.
Marquee orcanopy means a roof-like structure of a permanent nature which projects from the wall of a building.
Massage therapist means a person who is licensed by the state department of professional regulation and administers massage for compensation.
Massage therapy means a system of structured palpitations or movements of the soft tissue of the body. The system may include, but is not limited to, techniques such as effleurage or stroking and gliding, petrissage or kneading, percussion, friction, vibration, compression, and stretching activities as they pertain to massage therapy. These techniques shall be applied by a licensed massage therapist. The purpose of the practice of massage, as licensed under the state Massage Licensing Act (225 ILCS 57/1 et seq.), is to enhance the general health and well-being of the mind and body of the recipient. Massage does not include the diagnosis of a specific pathology. Massage does not include those acts of physical therapy or therapeutic or corrective measures that are outside the scope of massage therapy as designated in the state Massage Licensing Act. Massage therapy shall not be allowed as an ancillary use for a business unless massage therapy is an allowable use in that zoning district.
Medical/dental clinic means a building or a portion of a building containing the offices and associated facilities of one or more practitioners providing medical, dental, psychiatric, osteopathic, chiropractic, or other medical-related services for outpatients only, with or without shared or common spaces, equipment, or assistants.
Microbrewery means a facility for the production and packaging of malt beverages for retail and/or wholesale distribution, with a capacity of not more than 15,000 barrels per year. The facility may include a restaurant or tavern where the beverages produced on-site or in hand-capped, sealed containers in quantities up to one-half barrel. A barrel is the equivalent of 31 gallons.
Micron means a unit of length, equal to one-thousandth part of one millimeter, 0.001 millimeter.
Mobile home means a dwelling that was fabricated in an off-site manufacturing facility, designed to be a permanent residence, and built prior to enactment of the federal manufactured home construction and safety standards.
Mobile home park means a lot, parcel, or tract of land developed with facilities for accommodating two or more mobile homes, provided each mobile home contains a kitchen, flush toilet, and shower or bath; and such park shall be for use only by nontransient dwellers remaining continuously for more than one month, whether or not a charge is made. The term "mobile home park" shall not include a sales lot in which automobiles or unoccupied mobile homes or other trailers are parked for the purpose of inspection or sale, except mobile homes located on a site in the mobile home park which are occupied or vacant for not more than 90 days after occupancy may be sold or offered for sale.
Moderate burning means a rate of combustion described by a material which supports combustion and is consumed slowly as it burns. Examples: wood, timber and logs.
Motor vehicle means any self-propelled, wheeled vehicle designed primarily for transportation of persons or goods along public streets, including, but not limited to, cars, motorcycles and trucks.
Motor vehicle dealership means an establishment that sells or leases new or used motor vehicles. A dealership may include an on-site facility for the repair and service of the vehicles sold or leased by the dealership.
Motor vehicle rental means an establishment engaged in the rental of motor vehicles, including, but not limited to, automobiles, trucks, trailers, motorcycles, mopeds, and recreation vehicles and supplies, including parking and servicing of rental vehicles.
Motor vehicle repair means an establishment dedicated to the repair of motor vehicles. The term "motor vehicle repair" includes, but shall not be limited to, establishments involved in automotive interior and upholstery shops; brake shops diagnostic centers, including oil change and lubrication shops; general automotive repair and maintenance; radiator shops; tire shops; and transmission shops. Other examples include auto body and paint shops; engine rebuilding shops; muffler/exhaust system shops; and rust-proofing and undercoating establishments.
Nameplate means a sign indicating the name and address of a building, or the name of an occupant thereof, and the practice of a permitted occupation therein.
No-access strip means a strip of land within and along a rear lot line of a through lot adjoining a street which is designated on a recorded subdivision plat or property deed as land over which motor vehicular travel shall not be permitted.
Nonconforming building or structure means any building or structure lawfully established which:
(1)
Does not comply with all the regulations of this chapter or of any amendment hereto governing bulk of the district in which such building or structure is located;
(2)
Is designed or intended for a nonconforming use.
Nonconforming use means any building or structure and the use thereof or the use of land that does not conform with the regulations of this chapter or any amendment thereto governing use in the district in which it is located, but conformed with all of the codes, ordinances, and other legal requirements applicable at the time such building, or structure was erected, enlarged, or altered, and the use thereof or the use of land was established.
Noxious matter or material means a material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects to the physical or economic well-being of individuals.
Nursing home means a skilled nursing or intermediate long-term care facility that is subject to licensure by the state department of public health under the Nursing Home Care Act (210 ILCS 45/1-101 et seq.). The term "nursing home" does not include a facility operated solely as an intermediate care facility for the intellectually disabled within the meaning of Title XIX of the Social Security Act. 42 USC 1396—1396v et seq.
Octave band means a prescribed interval of sound frequencies which classifies sound according to its pitch.
Octave band filter means an electronic frequency analyzer designed according to standards of the American Standards Association and used in conjunction with a sound level meter to take measurements of sound pressure level in specific octave bands.
Odorous matter means any material that produces an olfactory response among human beings.
Odor threshold means the lowest concentration of odorous matter in air that will produce an olfactory response in a human being. Odor thresholds shall be determined in accordance with ASTM method D 1391-57, Standard Methods for Measurement of Odor in Atmospheres (Dilution Method).
Offices, business and/or professional, means a room or group of rooms used for conducting the affairs of a business, profession, service, or industry such as, but not limited to, a law firm, stockbroker, insurance, and real estate office.
Off-street parking area or lot means land which is improved and used, or a structure which is designed and used, exclusively for the storage of passenger motor vehicles, either for accessory off-street parking spaces or commercial off-street parking spaces when permitted in this chapter by district regulations.
Open sales lot means land used or occupied for the purpose of buying, selling, or renting merchandise stored or displayed out-of-doors prior to sale. Such merchandise includes automobiles, trucks, motor scooters, motorcycles, boats, or similar commodities.
Parking space means an area, enclosed in a building or unenclosed, reserved for the parking of one motor vehicle and which is accessible to and from a street or alley.
Particulate matter means material other than water which is suspended in or discharged into the atmosphere in a finely divided form as a liquid or solid at outdoor ambient conditions.
Party wall means an interior wall of adjoining structures extending from its footing to the underside of the roof, and which separates and is in common use by such adjoining structures.
Pawnshop means an establishment which provides monetary exchange for collateral, typically personal items such as watches, jewelry, musical instruments, weapons, etc., after which the collateral item is returned to its owner after the money is repaid. Pawnshops typically include a fee with repayment and conduct retail sales of unclaimed items.
Performance standard means criteria established to control smoke and particulate matter, noise, odorous matter, toxic matter, vibration, fire and explosion hazards, glare, and radiation hazards generated by or inherent in uses of land or buildings.
Plan means a proposal for development of a planned unit development, including plat of subdivision, all covenants, grants of easement and other conditions relating to the use, location and bulk of buildings, density of development, common open space and public facilities. The plan shall include such information as required by article XXV, division 5, subdivision II, of this chapter.
Planned development means a parcel or tract of land, initially under single ownership or control, which contains two or more principal buildings and one or more principal uses, planned and constructed as a unified development, and where certain regulations of this chapter for the district where it is located are modified.
Pre-1969 octave bands means the frequency intervals prescribed by the American Standards Association in ASA standards A24, 10-1953, octave band filter set.
Preferred frequencies means a set of octave bands described by the band center frequency and standardized by the American Standards Association in ASA standard N. S1.6-1960, preferred frequencies for acoustical measurements.
Psychic and fortunetelling establishment means an establishment which provides psychic services, such as palm reading and fortunetelling, to the public for a fee.
Public open space means any publicly owned open area, including, but not limited to, the following: parks, playgrounds, forest preserves, waterways, parkways and streets.
Pyrophoric dust means a dust in a finely divided state that is spontaneously combustible in air.
Radiation hazards means the deleterious and harmful effects of all ionizing radiation which includes all radiation capable of producing ions in their passage through matter. Such radiations shall include, but are not limited to, electromagnetic radiations such as X-rays and gamma rays and particulate radiations such as electrons or beta particles, protons, neutrons, and alpha particles.
Railroad right-of-way means a strip of land containing railroad tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.
Refuse means all waste products resulting from human habitation, except sewage.
Religious institution means a place of worship or religious assembly with or without related facilities such as a rectory or convent, private school, meeting hall, offices for administration of the institution, licensed child or adult care, playground or cemetery.
Research laboratory means a building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.
Reservoir parking spaces means those off-street parking spaces allocated for temporary standing of automobiles awaiting entrance to a particular establishment.
Ringelmann Chart means the chart described in the U.S. Bureau of Mines Information Circular 6888, upon which are illustrated graduated shades of gray for use in estimating the light-obscuring capacity of smoke density.
Ringelmann number means the number of the area of the Ringelmann Chart that coincides most nearly with the visual density or equivalent opacity of the emission or smoke observed.
Roadway means that portion of a street which is used or intended to be used for the travel of motor vehicles.
Roadside stand means a structure for the display and sale of only farm products which are produced on the premises.
Secondhand store and resale shop means an establishment for the resale of used or donated household goods (such as, clothing, books, toys, tools, furniture, and other similar items), and for incidental repair or refurbishing prior to resale. This use does not include resale of motor vehicles, industrial or commercial mechanical equipment or related parts.
Self-storage means a facility used for the storage of personal property or commercial inventory where individual renters control individual storage spaces.
Setback means the minimum horizontal distance between a street line and nearest wall of a building, on side of a structure facing such street line, or edge of the area of operation of a principal use when no building on structure is involved.
Setback, established, means, when any lots fronting on one side of a street within a block are improved, the existing setbacks of such improved lot shall be the established setback for determining the depth of the required front yards for the remainder of the lots along such a street frontage, as regulated in this chapter.
Sign means a name, identification, description, illustration, display or device which is affixed to, painted on, represented upon a building, structure or device which attracts attention to a product, place, activity, person, institution, or business. A sign shall not include a display of a court, public or official notice, nor shall it include the flag, emblem, or insignia of a nation, political unit, school, religious or charitable institution or organization. A sign shall also include a permanent sign located within an enclosed building in such a manner as to be viewed or intended for view primarily from the exterior of the building.
Advertising on billboard sign means a sign on which is portrayed information which directs attention to a business, commodity, service, or entertainment or other activity not necessarily related to uses on the lot upon which the sign is located.
Business sign means a sign which directs attention to a business, commodity, service, entertainment or other activity conducted on the lot upon which such sign is located.
Flashing sign means an illuminated sign on which the artificial light is not maintained constant or stationary in intensity or color at all times when such sign is in use. For the purpose of this chapter, a revolving sign, on any advertising device which attracts attention by moving parts, operated by mechanical equipment or movement caused by natural sources, whether or not illuminated with artificial lighting, shall be considered a flashing sign.
Gross surface area of sign means the entire area within a single continuous perimeter enclosing the extreme limits of a sign.
Ground sign means a sign which is supported by one or more uprights on braces in or upon the ground.
Projecting sign means a sign which is affixed to any building wall or structure and extends beyond the building wall or parts thereof or structure more than 12 inches.
Roof sign means a sign erected, constructed, and maintained above the roof of any building.
Wall sign means a sign which is affixed to an exterior wall of any building and shall project not more than 12 inches from the building wall or parts thereof.
Sign store means an establishment which produces general advertising signs of various shapes and sizes for sale at retail.
Slaughterhouse means a use involving the killing of animals for commercial purposes. A stockyard or similar facility that primarily involves the bulk storage or transferring of animals on the way to slaughter shall also be considered a slaughterhouse.
Small wind energy system (SWES) means equipment that converts and then stores or transfers energy from the wind into useable forms of energy. This equipment includes any base, blade, foundation, generator, rotor, tower, transformer, vane, wire, inverter, batteries, or other component used in the system. Such systems shall have a nameplate capacity of 100 kilowatts or less.
Smoke means the visible discharge from a chimney stack, vent, exhaust, or combustion process which is made up of particulate matter.
Smoke unit means the number obtained when the smoke density in the Ringelmann number is multiplied by the time of emission in minutes. For the purpose of this calculation:
(1)
A Ringelmann density reading shall be made at least once a minute during the period of observation;
(2)
Each reading is then multiplied by the time in minutes during which it is observed;
(3)
The various products are then added together to give the total number of smoke units observed during the entire observation period.
Solar energy device means equipment that converts and then stores or transfers energy from the sun into useable forms of energy.
Sound level means the intensity of sound of an operation or use as measured in decibels.
Sound level meter means an instrument for the measurement of sound pressure levels constructed in accordance with the standards of the American Standards Association and calibrated in decibels.
Stable/riding academy means a building or structure where instruction is provided in equestrian sports and/or horses are kept for renumeration, hire or sale.
Story means that portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. The floor of a story may have split levels, provided that there are not more than four feet difference in elevation between the different levels of the floor. A basement shall be counted as a story, except when used for storage, garages for use of occupants of a building or other facilities common for the rest of the building. A mezzanine floor shall be counted as a story when it covers over one-third the area of the floor next below it, or if the vertical distance from the floor next below it to the floor next above it is 24 feet or more.
Story, half, means a partial story under a gable, hip, mansard, 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.
Street means a public or private right-of-way or easement which is designated as a permanent right-of-way or easement for common use as the primary means of vehicular access to properties abutting on it.
Street, frontage, means all of the property fronting on one side of a street between two intersecting streets, or in the case of a dead-end street, all of the property along one side of the street between an intersecting street and the end of such dead-end street.
Street line means the street right-of-way line abutting a property line of a lot.
Structural alteration means any change in the supporting members of a building or structure such as bearing walls, columns, beams or girders, or any substantial change in the roof or in the exterior walls, excepting such repair or replacement as may be required for the safety of the building or structure.
Structure means anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting, the generality of the foregoing, advertising signs, back stops for tennis courts, and pergolas.
Tattoo or body piercing establishment means an establishment which provides a tattooing service to customers. The term "tattoo or body piercing establishment" may include body piercing as an ancillary use. (See article V of chapter 6 for additional definitions and regulations.)
Theatre, indoor, means a building where films, and motion pictures are regularly shown, or an establishment regularly featuring live performance of dramatic productions for any form of consideration.
Three-component measuring system means instruments which measure simultaneously earthborn vibrations in horizontal and vertical planes.
Toxic matter or material means those materials which are capable of causing injury to living organisms by chemical means.
Trailer means any vehicle or portable structure constructed so as to permit occupancy thereof for lodging on dwelling purposes or for the use as an accessory building or structure in the conduct of business, trade, or occupation, and which may be used as a conveyance on streets and highways by its own or other motive power. However, any trailer existing on the effective date of the ordinance codified in this chapter which was permanently affixed to the ground shall be considered a building.
Transitional shelter means a community-based residential facility that provides short-term (120 days or less) room and board in a supervised living environment and generally integrated with counseling and rehabilitation services to assist in the transition to self-sufficiency through the acquisition of a stable income and permanent housing.
Usable open space means permanently reserved open space which is provided as required by this chapter for the use of residents of dwellings.
Use means the purpose or activity for which the land, or building thereon, is designed, arranged, or intended, or for which it is occupied or maintained and includes any manner of performance of such activity with respect to the performance standards of this chapter.
Use, conditionally permitted, means a use that has unusual operational, physical, or other characteristics that may be different from those of the predominant permitted uses in a district, but which is a use that complements and is otherwise, or can be made, compatible with the intended overall development within a district. Compliance with special standards not necessarily applicable to other permitted use or conditionally permitted uses in the district shall be required for a conditionally permitted use, as regulated in this chapter. Any reference to a special use or special use permit shall have the same meaning as a conditionally permitted use, and the terms shall be synonymous for all purposes in this chapter.
Use, lawful, means the use of any building, structure, or land that conforms with all of the regulations of this chapter or any amendment hereto and which conforms with all of the codes, ordinances, and other legal requirements, as existing at the time of the enactment of the ordinance codified in this chapter or any amendment thereto, for the structure or land that is being examined.
Use, nonconforming. See Nonconforming use.
Use, permitted, means any use which is or may be lawfully established in a particular district or districts, provided it conforms to all requirements, regulations, and when applicable, performance standards of this chapter for the district in which such use is located.
Use, principal, means the dominant use of land or buildings as distinguished from a subordinate or accessory use.
Vending machine means a machine for dispensing merchandise or services.
Vibration means the periodic displacement, measured in inches, of earth at designated frequency cycles per second.
Warehousing, storage and distribution facility means a facility used for the storage or distribution of manufactured products, supplies and equipment.
Yard means an open area on a lot which is unobstructed from its lowest level to the sky, except as otherwise provided in this chapter.
Yard, front, means a yard which is bounded by the side lot lines, front lot line, and the front yard line.
Yard, interior side, means a side yard which adjoins another lot on an alley separating such side yard from another lot.
Yard, rear, means a yard which is bounded by side lot lines, near lot line, and the near yard line.
Yard, side, means a yard which is bounded by the rear yard line, front yard line, side yard line, and side lot line.
Yard, side-adjoining a street, means a yard which is bounded by the rear yard line, front yard line, side yard line, and side lot line adjoining a street line.
Yard line means a line in a lot that is parallel to the lot line along which the applicable yard extends, and which is not nearer to such lot line at any point than the required depth or width of the applicable yard. A building, structure or other obstruction shall not encroach into the area between the yard line and such adjacent lot line, except for such permitted obstructions in yards as are set forth in this chapter.
Zoning district means any of the districts into which the city has been divided for zoning regulations and requirements as set forth on the zoning district map.
Zoning district map means the zoning district map of the city on file at city hall.
(Code 2012, §§ 17.06.012, 17.06.016, 17.06.024, 17.06.028, 17.06.029, 17.06.030, 17.06.031, 17.06.031.1, 17.06.031.2, 17.06.031.3, 17.06.031.4, 17.06.032, 17.06.036, 17.06.040, 17.06.044, 17.06.048, 17.06.050, 17.06.051, 17.06.052, 17.06.053, 17.06.054, 17.06.056, 17.06.064, 17.06.066, 17.06.068, 17.06.070, 17.06.072, 17.06.080, 17.06.084, 17.06.088, 17.06.092, 17.06.096, 17.06.100, 17.06.104, 17.06.108, 17.06.112, 17.06.114, 17.06.116, 17.06.117, 17.06.118, 17.06.120, 17.06.122, 17.06.124, 17.06.144, 17.06.148, 17.06.152, 17.06.154, 17.06.155, 17.06.156, 17.06.158, 17.06.159, 17.06.160, 17.06.162, 17.06.163, 17.06.164, 17.06.165, 17.06.166, 17.06.167, 17.06.168, 17.06.171, 17.06.172, 17.06.176, 17.06.178, 17.06.179, 17.06.180, 17.06.188, 17.06.192, 17.06.200, 17.06.201, 17.06.202, 17.06.203, 17.06.204, 17.06.208, 17.06.212, 17.06.216, 17.06.224, 17.06.228, 17.06.232, 17.06.236, 17.06.240, 17.06.244, 17.06.246, 17.06.248, 17.06.252, 17.06.256, 17.06.260, 17.06.264, 17.06.268, 17.06.272, 17.06.276, 17.06.280, 17.06.284, 17.06.292, 17.06.294, 17.06.296, 17.06.300, 17.06.304, 17.06.306, 17.06.308, 17.06.310, 17.06.311, 17.06.312, 17.06.316, 17.06.324, 17.06.328, 17.06.332, 17.06.336, 17.06.340, 17.06.344, 17.06.348, 17.06.352, 17.06.356, 17.06.360, 17.06.364, 17.06.366, 17.06.368, 17.06.372, 17.06.384, 17.06.388, 17.06.392, 17.06.396, 17.06.400, 17.06.404, 17.06.408, 17.06.412, 17.06.416, 17.06.420, 17.06.424, 17.06.428, 17.06.432, 17.06.436, 17.06.440, 17.06.444, 17.06.448, 17.06.449, 17.06.450, 17.06.451, 17.06.452, 17.06.453, 17.06.456, 17.06.460, 17.06.464, 17.06.476, 17.06.478, 17.06.479, 17.06.480, 17.06.481, 17.06.484, 17.06.488, 17.06.492, 17.06.496, 17.06.504, 17.06.508, 17.06.512, 17.06.516, 17.06.520, 17.06.522, 17.06.524, 17.06.528, 17.06.532, 17.06.536, 17.06.540, 17.06.542, 17.06.544, 17.06.548, 17.06.552, 17.06.564, 17.06.568, 17.06.570, 17.06.572, 17.06.576, 17.06.580, 17.06.584, 17.06.588, 17.06.590, 17.06.592, 17.06.596, 17.06.600, 17.06.604, 17.06.608, 17.06.610, 17.06.611, 17.06.612, 17.06.616, 17.06.620, 17.06.624, 17.06.628, 17.06.632, 17.06.636, 17.06.640, 17.06.644, 17.06.648, 17.06.650, 17.06.652, 17.06.654, 17.06.655, 17.06.656, 17.06.657, 17.06.660, 17.06.664, 17.06.668, 17.06.676, 17.06.680, 17.06.684, 17.06.688, 17.06.692, 17.06.696, 17.06.700, 17.06.704, 17.06.708, 17.06.710, 17.06.714, 17.06.716, 17.06.728, 17.06.732, 17.06.736, 17.06.744, 17.06.748, 17.06.756, 17.06.760, 17.06.764, 17.06.768, 17.06.772, 17.06.776, 17.06.780, 17.06.782, 17.06.784, 17.06.788, 17.06.792, 17.06.796, 17.06.800, 17.06.804, 17.06.808, 17.06.820, 17.06.824; Ord. No. 3976, § 2, 7-1-2013; Ord. No. 4071, § 3, 5-4-2015; Ord. No. 4174, §§ 2, 3, 4-17-2017; Ord. No. 4313, § 3, 11-4-2019; Ord. No. 4647, § 8, 10-21-2024)