When used in this Title, unless the context requires otherwise, the terms defined in this chapter shall have the meanings ascribed to them herein.

(Res. 1 §(part), November 16, 1982)

Adult-use cannabis business establishment.
"Cannabis business establishment" means a craft grower, cultivation center, dispensing organization, infuser organization, processing organization, or transporting organization.

(Res. 12, January 14, 2020)

Adult-use cannabis craft grower.
"Craft grower" means a facility operated by an organization or business that is licensed by the Illinois 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, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

(Res. 12, January 14, 2020)

Adult-use cannabis cultivation center.
"Cultivation center" means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport (unless otherwise limited by this Act), and perform other necessary activities to provide cannabis and cannabis-infused products to cannabis business establishments per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

(Res. 12, January 14, 2020)

Adult-use cannabis dispensing organization or dispensary.
"Dispensing organization" or “dispensary” means a facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from a cultivation center, craft grower, processing organization, or another dispensary for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia, or related supplies under this Act to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

(Res. 12, January 14, 2020)

Adult-use cannabis infuser organization or infuser.
"Infuser organization" or "infuser" means a facility operated by an organization or business that is licensed by the Illinois 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, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

(Res. 12, January 14, 2020)

Adult-use cannabis processing organization or processor.
"Processing organization" or "processor" means a facility operated by an organization or business that is licensed by the Illinois 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, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

(Res. 12, January 14, 2020)

Adult-use cannabis transporting organization or transporter.
"Transporting organization" or "transporter" means an organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under Illinois’ Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

(Res. 12, January 14, 2020)

Agriculture.
"Agriculture" means the growing, harvesting, and storing of crops, including legume, hay, grain, fruit and truck or vegetable crops, floriculture, horticulture, mushroom growing, nurseries, orchards, forestry; the keeping, raising and feeding of livestock or poultry, including dairying, poultry, rabbit, swine, beef cattle, pony and horse production, fur growing, harvesting and preparing crop products for market, or for use on the farm; roadside stands; farm buildings for storing and protecting farm machinery and equipment from the elements, for housing livestock or poultry products for market; farm buildings for office space to support the farm operation; farm dwellings occupied by farm workers, operators, tenants or seasonal or year-round hired farm workers.

Retail sales, other than sales of seed, seed stock, animal feed or any other agriculture product by a farmer dealer on land owned or leased by him or her, are considered accessory to agriculture uses and a permitted use in the A Agricultural District only where the majority of the materials sold are produced on the premises. Any establishment where there are retail or wholesale sales of materials not produced on the premises is not considered an agricultural use.

An activity, structure or parcel of land shall be determined to be an agriculture use if gross sales of agriculture products is greater than two thousand five hundred dollars ($2,500) annually.

(Res. 12(part), May 2, 1994: Res 1 §2(part), November 16, 1982)

Alley.
"Alley" means a public way with a width not exceeding twenty (20) feet in right-of-way used primarily as a service access to the rear or side of a property which abuts on a street.

(Res. 1 §2(part), November 16, 1982)

Auction house.
"Auction house" means an area or building where the business of selling property to the highest bidder is conducted.

(Res. 1 §2(part), November 16, 1982)

Battery Energy Storage System. “Battery Energy Storage System” or “BESS” means a system that stores energy from different sources using rechargeable batteries for later use. BESSs are often combined with renewable energy sources like solar and wind to accumulate energy during off-peak hours and release it when needed during peak demand or power outages.

Berm.
"Berm" means a raised barrier or mound constructed of compacted soil, composted material, loose gravel, stone, crushed rock or other earthen materials.

(Res. No. 11, Exh. A(1), 2-13-2013)

Block.
"Block" means a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, bulkhead lines or shore lines of waterways, or corporate boundary lines.

(Res. 1 §2(part), November 16, 1982)

Building.
"Building" means any structure which is built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind, and which is permanently affixed to the land.

(Res. 1 §2(part), November 16, 1982)

Building, accessory.
"Accessory building" means a subordinate building or a portion of a principal building, the use of which is incidental and customary to that of the principal building. Where an accessory building is attached to and made a part of the principal building, such accessory building shall comply in all respects with the requirements of this title applicable to the principal building. (Res. 1-1 §2 (part), November 16, 1982)

Building area.
"Building area" means the area bounded by the exterior dimensions of the outer walls at the ground line.

(Res. 1-1 §2(part), November 16, 1982)

Building/structure, principal.
"Principal building/structure" means the main structure erected on a lot or parcel as distinguished from an accessory (subordinate) structure.

(Res. 1-1 §2(part), November 16, 1982)

Building, temporary.
"Temporary building" means any building not designed to be permanently located in the place where it is, or where it is intended to be placed or affixed.

(Res. 1-1 §2(part), November 16, 1982)

Bulk.
"Bulk" means the term used to indicate the size and setbacks of buildings or structures and the location of same with respect to one another, and including the following:

1. Size and height of buildings;
2. Location of exterior walls at all levels in relation to the lot lines, streets or to other buildings;
3. Gross floor area of buildings in relation to lot area (floor area ratio);
4. All open spaces allocated to buildings;
5. Amount of lot area provided per dwelling unit.

(Res. 1-1 §2(part), November 16, 1982)

Business.
"Business" means any occupation, employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials or where services are offered for compensation.

(Res. 1-1 §2(part), November 16, 1982)

Cannabis.
"Cannabis" means marijuana, hashish, and other substances that are identified as including any parts of the plant Cannabis sativa and including derivatives or subspecies, such as indica, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other naturally produced cannabinol derivatives, whether produced directly or indirectly by extraction; however, "cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted from it), fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination. "Cannabis" does not include industrial hemp as defined and authorized under the Industrial Hemp Act. "Cannabis" also means concentrate and cannabis-infused products.

(Res. 12, January 14, 2020)

Cannabis-infused product.
"Cannabis-infused product" means a beverage, food, oil, ointment, tincture, topical formulation, or another product containing cannabis that is not intended to be smoked.

(Res. 12, January 14, 2020)

Cargo container.
Cargo container. A pre-manufactured structure of metal construction that is designed as a shipping container for portable storage. Cargo containers are considered accessory structures in all zoning districts and are subject to the requirements of the Sangamon County Building Code. One container may be placed on a parcel that is between one (1) acre and five (5) acres in size. If a parcel is greater than five (5) acres in size, two (2) containers may be placed on the parcel. The size of the containers may not exceed eight and one-half feet (8’6”) in height, eight feet (8’0”) in width, and forty (40’0”) feet in length. Containers may not be stacked and must be a solid color with all numbering and lettering removed. Containers are prohibited from being located in the required front yard. Required side and rear yard setbacks must be a minimum of ten (10’) feet each in all zoning districts.

(Res. No. 5, Exh. A, 08-14-2018)

Club or lodge, private.
"Private club or lodge" means a nonprofit association, of persons who are bona fide members paying dues, which owns, hires, or leases a building or portion thereof, the use of such premises being restricted to members and their guests.

(Res. 1-1 §2(part), November 16, 1982)

Commercial day-care centers.
A "commercial day-care center" means any child care facility receiving more than eight (8) children for daytime care during all or part of a day. The term "commercial day-care center" includes facilities commonly called child-care centers, day nurseries, nursery schools and kindergartens.

(Res. 1-1 §2(part), November 16, 1982)

Common open space.
"Common open space" means all open space within the boundaries of a planned development designed and set aside for use by all residents of the planned development or by residents of a designated portion of the planned development, and not dedicated as public lands. (Res. 1-1 §2(part), November 16, 1982)

Composting.
"Composting" means a controlled process that decomposes waste into a humus-like product that may be used as a soil conditioner.

(Res. 7 §1(part), November 19, 1991)

Composting facility, general.
"General composting facility" means a commercial or public venture authorized by the Illinois Environmental Protection Agency where landscape waste and/or material other than landscape waste are composted.

(Res. 7 §1(part), November 19, 1991)

Composting facility, landscape waste.
"Landscape waste composting facility" means a commercial or public venture authorized by the Illinois Environmental Protection Agency, where landscape wastes are accepted for:

1. Composting;
2. Agronomical application directly to the soil; or
3. Burial in the soil.

(Res. 7 §1(part), November 19, 1991)

Data Center. “Data Center” means a centralized repository for the storage, management, processing, conversion, and dissemination of data and information which may also house equipment that supports communications network infrastructure without actually being part of the physical network. A Data Center may house equipment that includes, but is not limited to, computers, servers, data storage devices, and related equipment. A Data Center may include, but shall not be limited to, accessory uses that include offices for Data Center staff and accessory structures that include water storage tanks, cooling towers, network systems, fuel storage tanks, guardhouses and security offices, storage, chillers, electrical transformers, and engine generators. Accessory uses shall not include retail sales, telephone call centers, or customer service operations. Typical uses include data processing centers and server farms.

Data Center Project Area. “Data Center Project Area” means the entire parcel or parcels of land on which a Data Center will be constructed and operated.

Dedicated open space.
"Dedicated open space" means all open space within the boundaries of a planned development which is dedicated or conveyed to the park district or an appropriate public agency for public use.

(Res. 1-1 §2(part), November 16, 1982)

Developed recreation space.
"Developed recreation space" means that portion of open space within the boundaries of a planned development, whether common open space or dedicated open space, which is improved for recreational purposes, such improvements to include but not be limited to pedestrian ways and bridle paths, play lots and playgrounds, and sports facilities such as tennis courts, golf courses, boating docks and shuffleboard courts.

(Res. 1-1 §2(part), November 16, 1982)

District.
"District" means a section or part of the unincorporated portion of the county for which the use regulations are uniform.

(Res. 1-1 §2(part), November 16, 1982)

Dog kennel.
"Dog kennel" means an establishment where payment is accepted for the breeding or boarding of dogs.

(Res. 1-1 §2(part), November 16, 1982; Res. 9, February 13, 1973)

Dog obedience school.
"Dog obedience school" means an establishment where payment is accepted for the training of dogs where dogs are not boarded overnight.

(Res. 1-1 §2(part), November 16, 1982)

Drive-in establishment.
"Drive-in establishment" means an establishment which accommodates patron's automobiles, at which the occupants may be served.

(Res. 1-1 §2(part), November 16, 1982)

Dwelling.
"Dwelling" means a residential building, or portion thereof, but not including hotels, motels, rest homes, rooming houses, tourist homes, tents, or recreational trailer.

(Res. 1-1 §2(part), November 16, 1982)

Dwelling, multiple-family (apartment).
"Multiple-family dwelling (apartment)" means a building or portion thereof containing three (3) or more dwelling units.

(Res. 1-1 §2(part), November 16, 1982)

Dwelling, two-family (duplex).
"Two-family dwelling (duplex)" means a residential building containing two dwelling units, including detached, semidetached and attached dwellings.

(Res. 1-1 §2(part), November 16, 1982)

Dwelling unit.
"Dwelling unit" means a group of rooms constituting all or part of a structure, which are arranged, designed, used or intended for use exclusively as living quarters for one family and not more than an aggregate of two roomers, and which includes complete kitchen facilities permanently installed.

(Res. 1-1 §2(part), November 16, 1982)

Family.
"Family" means one or more persons related by blood, marriage or adoption, or a group of not more than five persons not so related, together with his or their domestic servants or gratuitous guests, maintaining a common household in a dwelling unit.

(Res. 1-1 §2(part), November 16, 1982)

Family care facility.
"Family care facility" means a facility providing shelter, counseling, and other rehabilitative services in a family-like environment to six (6) or fewer residents, who by reason of mental or physical disability, chemical or alcohol dependency, family or school adjustment problems, require a minimal level of supervision, but do not require medical or nursing care or general supervision, and with not more than two (2) staff or supervisory personnel, not legally related to the facility operators or supervisors, and which is licensed and/or approved by the state of Illinois, or by a state agency. A "family care facility" may include uses such as foster homes, halfway houses, community residential alternative facilities, or home individual programs.

(Res. 16a §10(part), November 19, 1985)

Family day-care home.
"Family day-care home" means family homes which receive not more than eight (8) children for care during the day.

(Res. 1-1 §2(part), November 16, 1982)

Farm dwelling.
"Farm dwelling" means a residence occupied by farm owners, operators, tenants or seasonal or year-round hired farm workers and/or their immediate family. A manufactured home is a permissible farm dwelling.

(Res. 13 Exh. A (part), June 11, 2002; Res. 1-1 §2(part), November 16, 1982)

Fence.
"Fence" means a barrier intended to prevent escape or intrusion, to mark a boundary or to create a sense of privacy and security.

(Res. 1-1 §2(part), November 16, 1982)

Flood crest elevation.
"Flood crest elevation" means the maximum instantaneous elevation of the water surface during the period of a one hundred (100) year flood as established by the National Flood Insurance Program or the best available data.

(Res. 1-1 §2(part), November 16, 1982)

Floor area, gross.

1. For the purpose of determining floor-area ratio, the "gross floor area" of a building or buildings shall be the sum of the gross horizontal areas of the several floors of such building or buildings, measured from the exterior faces of exterior walls or from the centerline of party walls separating two buildings. In particular, "gross floor area" shall include:
   1. Basement space, if at least one-half of the basement story height is above the established curb level;
   2. Elevator shafts and stairwells at each floor;
   3. Floor space used for mechanical equipment where the structural headroom exceeds seven and one-half (7½) feet; except equipment, open or enclosed, located on the roof; i.e., bulkheads, water tanks, and cooling towers;
   4. Attic floor space where the structural headroom exceeds seven and one-half (7½) feet;
   5. Interior balconies and mezzanines;
   6. Enclosed porches, but not terraces and breezeways;
   7. Accessory buildings.
2. For the purpose of determining requirements for off-street parking and off-street loading, the "gross floor area" means the sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to such use, including accessory storage areas located within selling or working space, such as counters, racks, or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, floor area for purpose of measurement for off-street parking spaces shall not include: floor area devoted primarily to storage purposes (except as otherwise noted herein); floor area devoted to off-street parking or loading facilities, including aisles, ramps and maneuvering space; or basement floor area other than area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.

(Res. 1-1 §2(part), November 16, 1982)

Floor area ratio.
"Floor area ratio" means the numerical value obtained through dividing the gross floor area of a building or buildings by the total area of the lot or parcel of land on which such building or buildings are located.

(Res. 1-1 §2(part), November 16, 1982)

Frontage.
"Frontage" means that portion of a lot line or property line which is coterminous with a highway right-of-way line.

(Res. 15, March 11, 1997; Res. 1-1 §2(part), November 16, 1982)

Garage, private.
"Private garage" means an accessory building or an accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident upon the premises, and in which no business, service, or industry connected directly or indirectly with automotive vehicles is carried on; provided, that not more than one-half of the space may be rented for the private vehicles of persons not resident on the premises, except that all the space in a garage of one-car or two-car capacity may be so rented.

(Res. No. 11, Exh. A(1), 2-13-2013; Res. 1-1 §2(part), November 16, 1982)

Grade, natural.
"Natural grade" means the elevation of the ground level in its natural or original state, before construction, filling, or excavation.

(Res. No. 11, Exh. A(1), 2-13-2013)

Grade plane.
"Grade plane" means the average of finished ground level adjoining the building or structure at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building or structure and the lot line, or, where the lot line is more than six (6) feet from the building or structure, between the building or structure and a point six (6) feet from the building or structure.

(Res. No. 11, Exh. A(1), 2-13-2013)

Group care facility.
"Group care facility" means a facility providing shelter, counseling, and other rehabilitative services in a family-like environment to more than six (6) but less than sixteen (16) residents who by reason of mental or physical disability, chemical or alcohol dependency, family or school adjustment problems, require a minimum level of supervision, but do not require medical or nursing care or general supervision, and with not more than three (3) staff or supervisory personnel not legally related to the facility operators or supervisors, and which is licensed and/or approved by the state of Illinois or by a state agency.

(Res. 7 §1, April 14, 1987; Res. 16a §10(part), November 19, 1985)

Hazardous materials.
"Hazardous materials" means any substance or material in a quantity or form which may be harmful or injurious to humans, domestic animals, wildlife, economic crops or property when released into the environment. "Hazardous materials" may be classified as chemical, biological, radiological, or explosive.

(Res. 7 §5(part), April 14, 1987)

Height, building or structure.
"Height," with reference to a building or structure, is the vertical distance measured in feet from the average grade to the highest point of the roof adjacent to the street for flat roofs, to the deck of mansard roofs and to the crown for gable, hip, gambrel or pent roofs.

(Res. 1-1 §2(part), November 16, 1982)

Highway.
"Highway" means any public way for vehicular travel which has been laid out in pursuance of any law of this state, or of the territory of Illinois, or which has been established by dedication, or used by the public as a highway for fifteen (15) years, or which has been or may be laid out and connect a subdivision or platted land with a public highway and which has been dedicated for the use of the owners of the land, included in subdivision or platted land where there has been an acceptance and use under such dedication by such owners, and which has not been vacated in pursuance of law. The term "highway" includes rights-of-way, bridges, drainage structures, signs, guard rails, protective structures and all other structures and appurtenances necessary or convenient for vehicular traffic. A highway in a rural area may be called a "road," while a highway in a municipal area may be called a "street."

(Res. 1-1 §2(part), November 16, 1982; Res. 5, April 16, 1974)

State highway.
"State highway" means any highway that is part of the state highway system described in Section 2-101 of the Illinois Highway Code, as amended.

(Res. 1-1 §2 (part), November 16, 1982; Res. 5, April 16, 1974)

County highway.
"County highway" means any highway that is part of the county highway system described in Section 2-102 of the Illinois Highway Code, as amended.

(Res. 1-1 §2(part), November 16, 1982; Res. 5, April 16, 1974)

Township road.
"Township road" means any highway that is part of the township and district road system described in Section 2-103 of the Highway Code, as amended, and which, under the provisions of this code, is under the immediate jurisdiction of a road district comprised of a single township in a county having township organization.

(Res. 1-1 §2 (part), November 16, 1982; Res. 5, April 16, 1974)

District road.
"District road" means any highway that is part of the township and district road system described in Section 2-103 of the Illinois Highway Code, as amended, and which, under the provisions of this code, is under the immediate jurisdiction of a road district other than a road district comprised of a single township in a county having township organization.

(Res. 1-1 §2(part), November 16, 1982; Res. 5, April 16, 1974)

Street.
"Street" means any highway that is part of the municipal street system described in Section 2-104 of the Illinois Highway Code, as amended.

(Res. 1-1 §2 (part), November 16, 1982; Res. 5, April 16, 1974)

Federal aid highway.
"Federal aid highway" means any highway heretofore or hereafter designated by the Illinois Department of Transportation and approved by the appropriate authority of the federal government as such under the Federal Aid Road Act.

(Res. 1-1 §2(part), November 16, 1982; Res. 5, April 16, 1974)

Home occupation.
"Home occupation" means an occupation conducted in a dwelling unit or accessory structure subordinate to a dwelling unit, provided that:

1. No person other than members of the family residing on the premises and/or one other person shall be engaged in such occupation;
2. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five (25) percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation;
3. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one (1) sign, not exceeding three (3) square feet in area, announcing the name and address of the business, non-illuminated, and mounted flat against the wall of the principal building or accessory structure; except on a corner lot, in which case two (2) such signs may be used—one (1) facing each street;
4. No home occupation shall be conducted, in whole or in part, within any accessory structure nor shall there be any exterior storage of materials, unless the following conditions are met:
   1. A home occupation conducted in an accessory structure must be limited to an area of four hundred (400) square feet designated for the business operation;
   2. Outside storage is permitted only on Agriculture (A) zoned lots of five (5) acres or more and only if the storage area does not exceed four hundred (400) square feet and is enclosed with a fence of standard fencing material, not to exceed six (6) feet in height, which otherwise complies with Chapter 17.44 of this ordinance. Items stored within the fenced area must not be visible.
   3. Legal, licensed, unattached trailers stored outside may not exceed a gross vehicle weight of eighteen thousand (18,000) pounds.
   4. A detailed list of equipment to be stored on the property, including the equipment's function, must be on file with the office of the zoning administrator.
   5. All home occupations conducted in an accessory structure are subject up to three (3) unscheduled inspections per year.
5. There shall be no sales in connection with such home occupation except those clearly incidental to the home occupation;
6. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard;
7. The conduct of the home occupation shall not generate noise, odors, fumes, electrical interference, vibrations, or any other condition detrimental to adjacent properties;
8. Wholesale distribution centers shall not be a permitted home occupation;
9. Home occupations shall be registered in the office of the zoning administrator on the forms provided. This registration shall act as a letter of official approval of the home occupation by the zoning office. Any home occupation found to be in violation of these provisions shall be subject to revocation if the violation is not corrected within thirty (30) days of notification by the zoning administrator.

(Res. No. 11, Exh. A, 5-12-2015; Res. 1-1 §2(part), November 16, 1982)

Hotel.
"Hotel" means a building containing lodging rooms, a general kitchen and dining room, a common entrance lobby, halls and stairway, where each lodging room does not have a doorway opening directly to the outdoors, except for emergencies; and where more than fifty (50) percent of the lodging rooms are for rent to transient guests, with or without meals, for a continuous period of less than thirty (30) days.

(Res. 1-1 §2(part), November 16, 1982)

Industrial hemp.
“Industrial hemp” means the plant Cannabis sativa L. and any part of that plant, whether growing or not, with a delta-9 tetrahydrocannibinol (THC) concentration of not more than 0.3% on a dry weight basis that has been cultivated under a license issued under the Industrial Hemp Act [505 ILCS 89] or is otherwise lawfully present in this State, and includes any intermediate or finished product made or derived from industrial hemp.

(Res. 12, January 14, 2020)

Institution.
"Institution" means a facility or establishment providing shelter, counseling, general or specialized care, or nursing care, dedicated to public service, education, fraternal or philanthropic purposes. An "institution" includes uses such as nursing homes, sanitariums, all types of facilities for children, the aged, mentally and physically disabled.

(Res. 16a §10(part), November 19, 1985)

Junkyard.
"Junkyard" means an open area or fenced-in enclosure, where used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. A "junkyard" includes an auto-wrecking yard, but does not include uses established entirely within enclosed buildings.

(Res. 1-1 §2(part), November 16, 1982)

Landscape waste.
"Landscape waste" means all accumulations of grass or shrubbery cuttings, leaves, tree limbs and other materials accumulated as the result of the care of lawns, shrubbery, vines and trees.

(Res. 7 §1 (part), November 19, 1991)

Large scale development.
"Large scale development" means any tract of land on which more than one principal building will be located. Examples of "large scale developments" include but are not limited to manufactured home courts and apartment complexes.

(Res. 13 Exh. A (part), June 11, 2002; Res. 1-1 §2(part), November 16, 1982)

Loading, off-street. "Off-street loading" means a space, accessible from a street, alley or way, in a building or on a lot, for the use of trucks while loading or unloading merchandise or materials.

(Res 1-1 §2(part), November 16, 1982)

Lodging room.
"Lodging room" means a room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one lodging room.

(Res. 1-1 §2(part), November 16, 1982)

Lot.
"Lot" means a parcel of land, whether legally described or subdivided as one or more lots or parts of lots, and which is occupied or intended for occupancy by one principal use, together with any accessory buildings and such open spaces as are required by this ordinance; and having its principal frontage upon and contiguous to a highway.

(Res. No. 11, Exh. A, 5-12-2015; Res. 15, March 11, 1997; Res. 1-1 §2(part), November 16, 1982; Res. 5, April 16, 1974)

Lot area.
"Lot area" means the area of a horizontal plane bounded by the vertical planes through front, side and rear lot lines.

(Res. 1-1 §2(part), November 16, 1982)

Lot, corner.
"Corner lot" means a lot situated at the junction of and abutting on two (2) or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is one hundred thirty-five (135) degrees or less.

(Res. 1-1 §2(part), November 16, 1982)

Lot depth.
"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. For parcels less than forty (40) acres, in no case shall the lot depth exceed two and one-half (2½) times the lot width.

(Res. 12 §2(part), May 8, 2001; Res. 1-1 §2(part), November 16, 1982)

Lot, irregularly shaped.
“Irregularly shaped lot” means any lot that is not rectangular.

(Res. 15, March 11, 1997)

Lot line.
"Lot line" means a property line of any lot held in single or separate ownership, except that where any portion of the lot extends into the abutting state highway, county highway, township road, district road, street or federal aid highway, the lot line shall be deemed to be the state highway, county highway, township road, district road, street or federal aid highway right-of-way line.

(Res. 1-1 §2(part), November 16, 1982; Res. 5, April 16, 1974)

Lot line, front.
The "front lot line" is the line between the highway and the contiguous lot and shall mean that lot line which is most distant from and approximately parallel to (opposite) the rear and/or assumed rear lot line.

For the purpose of determining the front yard setback and building line for lots with curved front lot lines, a line tangent to the front lot line at its midpoint shall be assumed to be the front lot line. Said line may or may not be within the lot. A line parallel to the assumed front lot line which meets or exceeds the minimum required front yard setback and which is not less than the required lot width and which is entirely within the lot shall be the front yard setback and building line for the purpose of this ordinance.

In no case shall the front lot line be less than twenty (20) feet.

(Res. 15, March 11, 1997; Res. 16a §21, November 19, 1985; Res. 1-1 §2(part), November 16, 1982; Res. 5, April 16, 1974)

Lot line, rear.
"Rear lot line" means that boundary of a lot which is most distant from and is, or is approximately parallel to the front lot line. If the rear lot line is less than ten (10) feet in length, or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line ten (10) feet in length within the lot; parallel to and at the maximum distance from the front lot line.

(Res. 1-1 §2(part), November 16, 1982)

Lot line, side.
"Side lot line" means any boundary of a lot which is not a front or rear lot line.

(Res. 1-1 §2(part), November 16, 1982)

Lot, manufactured home.
"Manufactured home lot" means the area assigned to a manufactured home in a manufactured home park.

(Res. 13 Exh. A (part), June 11, 2002; Res. 1-1 §2 (part), November 16, 1982)

Lot, reversed-corner.
"Reversed-corner lot" means a corner lot, the side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.

(Res. 1-1 §2 (part), November 16, 1982)

Lot, through.
"Through lot" means a lot which has a pair of opposite lot lines along two more or less parallel public streets, and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines.

(Res. 1-1 §2 (part), November 16, 1982)

Lot width.
"Lot width" means the distance from side lot line to side lot line. In the case of an irregularly shaped lot, the lot width shall be met at a distance from the front lot line that is no greater than two (2) times the required minimum front yard.

(Res. 15, March 11, 1997; Res. 1-1 §2 (part), November 16, 1982)

Manufactured home.
"Manufactured home" means a transportable, factory built dwelling unit that was manufactured or constructed either under the authority of 42 United States Code Sec. 5401 (Federal Manufactured Home Construction and Safety Standards Act of 1974, effective date June 15, 1976) or prior to the enactment of the Federal Manufactured Home Construction and Safety Standards Act of 1974. Manufactured homes are commonly referred to as mobile homes or doublewide mobile homes. If the structure was manufactured after June 15, 1976 a red seal that states compliance with the Act, is generally placed on the rear of the structure or on the electrical panel box.

(Res. 13 Exh. A (part), June 11, 2002)

Manufactured home park.
"Manufactured home park" means any premises on which are parked three (3) or more manufactured homes or any premises used or held out for the purpose of supplying to the public a parking space for three (3) or more such manufactured homes. A manufactured home park does not include areas where manufactured homes are located for inspection and sale.

(Res. 13 Exh. A (part), June 11, 2002; Res. 1-1 §2 (part), November 16, 1982)

Mine.
"Mine" means a pit or excavation in the earth, five (5) feet or more in depth, from which mineral substances are taken.

(Res. 1-1 §2 (part), November 16, 1982; Res. 9, February 13, 1973)

Modular home.
"Modular home" means a transportable, factory built dwelling unit that is built to comply with the standards of the local or state building code, the Illinois State Plumbing Code, the National Electrical Code and the Model Energy Code. Modular homes can be identified by a yellow seal on the electrical panel box of the unit or on the inside of the kitchen sink cabinet. Modular homes can be sectional (the home is shipped as a box-like configuration) or panelized (floor, wall and roof panels assembled at the final site.).

(Res. 13 Exh. A (part), June 11, 2002; Res. 1-1 §2 (part), November 16, 1982)

Motel.
"Motel" means a building containing lodging rooms having adjoining individual bathrooms, where each lodging room has a doorway opening directly to the outdoors, and where more than fifty (50) percent of the lodging rooms are for rent to transient tourists for a continuous period of less than thirty (30) days.

(Res. 1-1 §2(part), November 16, 1982)

Nameplate.
"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.

(Res. 1-1 §2(part), November 16, 1982)

Noncomplying building or other structure.
"Noncomplying building or other structure" means any lawful building or other structure which does not conform with the applicable bulk regulations for the district, either on the effective date of the ordinance codified in this title or as a result of a subsequent amendment thereto.

(Res. 1-1 §2(part), November 16, 1982)

Nonconforming use.
"Nonconforming use" means any lawful use of a building or other structure or a tract of land, which does not conform to the applicable use regulations for the district, either on the effective date of the ordinance codified in this title or as a result of a subsequent amendment thereto. However, no principal use shall be deemed nonconforming because of failure to provide required accessory off-street parking spaces or required accessory off-street loading spaces, nor because of the existence of accessory signs, business entrances, or show windows which are themselves nonconforming uses.

(Res. 1-1 §2 (part), November 16, 1982)

On-premise consumption.
“On-premise consumption” means the use or consumption of cannabis, cannabis concentrate, or cannabis-infused products or solutions at the location where such product is sold. The on-premise consumption of cannabis at cannabis dispensing organizations in unincorporated Sangamon County is prohibited.

(Res. 12, January 14, 2020)

Open sales lot.
"Open sales lot" means any land used or occupied for the purpose of buying and selling second-hand passenger cars and/or trucks, motor scooters, motorcycles, boats, trailers, aircraft, monuments, and portable sheds.

(Res. 1-1 §2 (part), November 16, 1982)

Open space
"Open space" means the total area of land, water, or land and water within the boundaries of a planned development designed and intended for use and enjoyment as open areas, and either: (1) not improved with a building, structure, street, road or parking area; or (2) improved only to the extent that such improvements are complementary, necessary or appropriate to the use or enjoyment of the areas as open areas. "Open space" includes dedicated public open space, common open space and developed recreation space.

(Res. 1-1 §2 (part), November 16, 1982)

Planned unit development.
"Planned unit development" means any area or tract of land under single or common ownership to be developed as a single entity and classified in the PUD zoning district.

(Res. 1-1 §2 (part), November 16, 1982)

Prime agricultural land.
"Prime agricultural land" means land which has soils with a productivity index under a high level of management of one hundred thirty (130) or greater as determined by the University of Illinois productivity indexes. In Sangamon County, the following soils are so classified and may be located by reference to the Soil Survey of Sangamon County:

Tama 36A
Radford 74
Kendall 242
Tama 36B
Huntsville 77
Hartsburg 244
Ipava 43
Sawmill 107
Edinburg 249
Virden 50
Shiloh 138
Tice 284
Harpster 67
Elburn 198
Lawson 451
Sable 68
Plano 199A
Ross 73
Plano 199B

(Res. 1-1 §2 (part), November 16, 1982)

Private outdoor recreation center.
"Private outdoor recreation center" means an area of land in private ownership upon which the general public may participate in organized or unorganized leisure activities. Includes but is not limited to trailer camps, playing fields, campgrounds, amusement parks, and similar activities.

(Res. 1-1 §2 (part), November 16, 1982)

Public open space.
"Public open space" means any publicly owned open area, including, but not limited to the following: parks, playgrounds, forest preserves, beaches, waterways, parkways and streets.

(Res. 1-1 §2 (part), November 16, 1982)

Public outdoor recreation center.
"Public outdoor recreation center" means an area of land in public ownership upon which the general public may participate in organized or unorganized leisure activities. Includes but is not limited to trailer camps, playing fields, campgrounds, amusement parks, and similar activities.

(Res. 1-1 §2 (part), November 16, 1982)

Public road.
For definition of "public road," see highway.

(Res. 1-1 §2 (part), November 16, 1982)

Public sanitary sewer.
"Public sanitary sewer" means a constructed conduit connected with the sewer system that is designed to carry liquids and solids other than storm water to the Sangamon County Water Reclamation District sanitary sewer treatment plants or other lawful treatment plant, including central or cluster systems approved by the Sangamon County Department of Public Health or the Illinois Environmental Protection Agency.

(Res. 12 §3, May 8, 2001)

Refuse.
"Refuse" means all waste products resulting from human habitation, except sewage.

(Res. 1-1 §2 (part), November 16, 1982)

Rehabilitation center.
"Rehabilitation center" means a public or privately operated facility for the refuge or rehabilitation of persons suffering from emotional, drug, alcohol, and/or family problems.

(Res. 1-1 §2 (part), November 16, 1982)

Retail.
"Retail" means the sale of relatively small quantities of commodities and services directly to customers.

(Res. 1-1 §2 (part), November 16, 1982)

Rooming house (tourist home).
"Rooming house (tourist home)" means a building, or portion thereof, containing lodging rooms which accommodate three (3) or more persons who are not members of the keeper's family and where lodging rooms, or meals, or both, are provided for compensation.

(Res. 1-1 §2 (part), November 16, 1982)

Self-service storage facility (mini-warehouse).
"Self-service storage facility (mini-warehouse)" means a facility designed and used for the purpose of renting or leasing individual storage spaces to tenants who are to have access to such space for the purpose of storing and removing personal property. It shall not be permissible to use such facilities for the storage of hazardous materials.

(Res. 7 §5 (part), April 14, 1987)

Sensitive areas.
“Sensitive areas” means pre-existing public or private preschool, elementary or secondary school, day care facility, day care home, group day care home, part day childcare facility, religious institution, public park, private park, or a residential zoning district.

(Res. 12, January 14, 2020)

Setback
"Setback" means the minimum horizontal distance permitted from the front, side or rear lot lines to a building or structure, disregarding steps and unroofed porches.

(Res. 1-1 §2(part), November 16, 1982)

Sign.
"Sign" means a name, identification, description, display or illustration which is affixed to or painted or represented directly or indirectly upon a building or other outdoor surface or piece of land; and which directs attention to an object, product, place, activity, person, institution, organization, or business. "Sign" does not include any display of official court or public office notices nor does it include a sign located completely within an enclosed building unless the context shall be exposed to view from a street. Each display surface of a sign shall be considered to be a sign.

(Res. 1-1 §2(part), November 16, 1982)

Sign, advertising.
"Advertising sign" means a sign which directs attention to a business, commodity, service, or entertainment not necessarily sold upon the premises where such sign is located, or to which it is affixed.

(Res. 1-1 §2(part), November 16, 1982)

Sign, business.
"Business sign" means a sign which directs attention to a business or profession conducted or to a commodity, service, or entertainment sold or offered, upon the premises where such sign is located, or to which it is affixed.

(Res. 1-1 §2(part), November 16, 1982)

Sign, flashing.
"Flashing sign" means any illuminated sign on which the artificial light is not maintained stationary and/or constant in intensity and color at all times when such sign is in use. For the purpose of this title, any moving illuminated sign shall be considered a flashing sign.

(Res. 1-1 §2(part), November 16, 1982)

Sign, gross surface area of.
"Gross surface area of sign" means the entire area within a single continuous perimeter enclosing the extreme limits of such sign. However, such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display. When a sign consists only of letters, designs or figures engraved, painted, projected or fixed on a wall, or freestanding in front of a wall, the total area of the sign shall be the area of the smallest rectangle or circle within which all of the fixed lettering, designs or figures may be included.

(Res. 7 §1(part), April 14, 1987: Res. 1-1 §2(part), November 16, 1982)

Single-family residence.
"Single-family residence" means a residential building containing only one (1) dwelling unit, including a modular home but not including a manufactured home.

(Res. 13 Exh. A (part), June 11, 2002: Res. 1-1 §2(part), November 16, 1982)

Smoking lounge.
“Smoking lounge” means a business establishment or room that is dedicated, in whole or in part, to the smoking of cannabis, cannabis concentrate, or cannabis-infused products or solutions. The on-premise consumption of cannabis at smoking lounges in unincorporated Sangamon County is prohibited.

(Res. 12, January 14, 2020)

Solar energy system.
"Solar energy system" means an assembly or structure, including passive designs, used for gathering, concentrating, absorbing, and/or storing radiant energy from the sun.

(Res. 1-1 §2(part), November 16, 1982)

Standard fencing material.
"Standard fencing material" means materials normally manufactured, used, and recognized as fencing materials, such as: wrought iron or other decorative metals suitable for the construction of fences, fired masonry, concrete, stone, chain link, metal tubing, wood planks, and vinyl or fiberglass composite manufactured specifically as fencing materials. Fencing materials must also be suitable for exterior use and must be weather- and decay-resistant. The Zoning Administrator may approve installation of an alternative material not specifically prescribed by this definition. A proposed alternative material may be approved where the Zoning Administrator finds that it is satisfactory and complies with the intent of the provisions of this ordinance, and that the material offered is, for the purpose intended, at least the equivalent of those prescribed in this definition in quality, strength, effectiveness, fire resistance, durability, and safety.

(Res. No. 11, Exh. A, 5-12-2015)

Story.
"Story" means that portion of a building included between the surface of any floor and the surface of the floor next above, or if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a story for the purposes of this title when more than one-half of such basement height is above the established curb level.

(Res. 1-1 §2 (part), November 16, 1982)

Structural alterations.
"Structural alterations" means any change, other than incidental repairs, in the supporting members of a building or structure, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or exterior walls.

(Res. 1-1 §2 (part), November 16, 1982)

Structure.
"Structure" means anything 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. A sign, billboard, or other advertising medium detached or projecting shall be construed to be a structure.

(Res. 1-1 §2 (part), November 16, 1982)

Telecommunication facility.
“Telecommunication facility” (TF) means that part of the signal distribution system used or operated by a telecommunications carrier under a license from the FCC consisting of a combination of improvements equipment including (i) one or more antennas, (ii) a supporting structure and the hardware by which antennas are attached, (iii) equipment housing, and (iv) ancillary equipment such as signal transmission cable and miscellaneous hardware.

(Res. No. 9, March 10, 1998)

Trailer.
"Trailer" means a vehicle or portable structure built on a chassis, designed as a temporary dwelling for travel, recreational or vacation use. A trailer may or may not contain complete sanitary facilities.

(Res. 1-1 §2 (part), November 16, 1982)

Trailer camp.
"Trailer camp" means an area occupied by or designed to accommodate more than one trailer.

(Res. 1-1 §2 (part), November 16, 1982)

Use.
"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.

(Res. 1-1 §2 (part), November 16, 1982)

Use, accessory.
"Accessory use" means a subordinate use which is clearly and customarily incidental to the principal use of a building or premises and which is located on the same lot as the principal building or use except for such accessory parking facilities as are specifically authorized to be located elsewhere.

(Res. 1-1 §2 (part), November 16, 1982)

Use, principal.
"Principal use" means the main use of land or buildings as distinguished from a subordinate or accessory use.

(Res. 1-1 §2 (part), November 16, 1982)

Variance, use.
"Use variance" means a grant of permission to depart from the literal enforcement of the zoning ordinance to allow property to be used in a manner otherwise not provided for by the existing zoning classification. The zoning board of appeals may only consider a use variance after it has found that an amendment to the ordinance, based on the required findings of fact, would not serve the public interest and would not be appropriate. Use variances may only be granted if the required standards for variations have been met as contained in Section 17.66.050.

(Res. 7-1 (part), March 8, 1983)

Watchman's quarters.
"Watchman's quarters" means a dwelling unit provided on site for the purpose of guarding the business or industry where the dwelling unit is located. Only one watchman's quarters per business is permitted.

(Res. 1-1 §2 (part), November 16, 1982)

Yard.
"Yard" means an open space on a lot which is unoccupied and unobstructed from its lowest level to the sky. A yard extends along a line at right angles to such lot line to a depth or width specified in the yard regulations for the zoning district in which such lot is located. To determine if an existing structure complies with established front, side or rear yard requirements, measurement shall be made from the appropriate lot line to the foundation of the structure.

(Res. 1-1 §2 (part), November 16, 1982)

Yard, front.
"Front yard" means the area on a lot or parcel, which fronts a street, extending the full width of the lot and having a minimum depth measured from the street right-of-way line equal to the depth of the minimum front yard as specified for the applicable zoning district.

In the case of irregularly shaped lots where there is an assumed front line, the front yard shall be measured from the assumed front lot line.

(Res. 7 §3, April 14, 1987; Res. 1-1 §2 (part), November 16, 1982)

Yard, rear.
"Rear yard" means the area extending across the rear of a lot or parcel and having a minimum depth from the rear lot line as specified by the applicable district regulations, and is opposite from the front yard.

(Res. 1-1 §2 (part), November 16, 1982)

Yard, side.
"Side yard" means the area on a lot or parcel which extends from the required front yard to the required rear yard and having a minimum width as specified by the applicable district regulations.

(Res. 1-1 §2 (part), November 16, 1982)

Zoning administrator.
Wherever in this title the term "zoning administrator" is used, it shall mean the zoning administrative officer appointed by the county board, and such deputies or assistants as have been or shall be duly authorized by the county board. That officer is hereby authorized, and it is his duty to administer and enforce the provisions of the zoning ordinance, making such determinations, interpretations, and orders as are necessary therefore, and requiring such plats, plans, and other descriptive material in connection with applications for permits as are necessary for him to judge compliance with this title.

(Res. 1-1 §2 (part), November 16, 1982)

Zoning board.
"Zoning board" means the Sangamon County zoning board of appeals.

(Res. 1-1 §2 (part), November 16, 1982)

Zoning lot.
"Zoning lot" means a parcel of land in the same zoning district considered or treated as a single unit. A zoning lot may or may not correspond with a lot of record.

(Res. 1-1 §2 (part), November 16, 1982)

Zoning, planning, and subdivision committee.
"Zoning, planning, and subdivision committee" means the planning, zoning, subdivision, public health and safety committee of the Sangamon County board.

(Res. 1-1 §2 (part), November 16, 1982)