(a)

General. The language set forth in the text of this Code shall be interpreted according to the following rules of construction:

(1)

Words not defined in this section shall be interpreted in accordance with definitions contained in Webster's Dictionary.

(2)

Singular and plural. The singular number includes the plural, and the plural the singular.

(3)

Tense. The present tense includes the past and future tenses, and the future the present.

(4)

Shall and may. The word "shall" is mandatory; the word "may" is permissive.

(5)

Gender. The masculine gender includes the feminine and neutral genders.

(6)

Use and occupy. The word "use" includes designed, maintained, arranged, or intended to be used. The word "occupy" includes the design, arrangement or intent to be occupied.

(7)

Defined words and terms. Whenever a word or term defined hereinafter appears in the text of this Code, its meaning shall be construed as set forth in the definition thereof. Any word appearing in parenthesis between a word and its definition herein shall be construed in the same sense as that word.

(b)

Specific words and phrases. When used in this Code, the following words and phrases shall have the following meanings:

Abandonment means a voluntary action to give up one's rights or interests in property.

Accessory structure/building means one which:

a.

Is subordinate to and serves a principal building or principal use;

b.

Is subordinate in area, extent or purpose to the principal building or principal building or principal use served;

c.

Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and

d.

Is located on the same zoning lot as the principal building or principal use served with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served.

Accessory use means one which is incidental to the main use of the premises and is limited to the following:

a.

A children's playhouse, garden house, private greenhouse and a chicken coup;

b.

A garage, carport, shed or building for domestic storage;

c.

Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless such storage is excluded by the district regulations;

d.

Storage of goods used in or produced by manufacturing activities, unless such storage is excluded by the district regulations;

e.

A nonpaying guesthouse or rooms for guests within an accessory building, provided that such facilities are used for the occasional housing of guests by the occupant of the principal building and not for permanent occupancy;

f.

Swimming pool, bathhouse, cabana, for use by the occupant and guest;

g.

Off-street passenger vehicle parking area and loading and unloading facilities;

h.

Signs (other than advertising signs) as permitted and regulated in each district incorporated in this chapter; and

i.

Public utilities facilities: telephone, electric, gas, water and sewer lines, their supports and incidental equipment.

Adequate public facilities: Utilities, roads and other infrastructure required by the Municipal Code and adopted policies of the city council which are in place, or planned for within 24 months, to serve the most suitable ultimate development of a property.

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, (P.A. 101-0027), 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 Illinois 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, (P.A. 101-0027), 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 (P.A. 101-0027), 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, (P.A. 101-0027), 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, (P.A. 101-0027), 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, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Alley means a public way used as a secondary means for vehicular service access to the rear or side properties otherwise abutting on a street.

Amusement shall mean any temporary theatrical, dramatic or musical performance, circus, rodeo, animal act, athletic contest, sport or similar exhibition or activity in which an attendee participates, and includes, without limitation thereto, animal and flower shows, skating, dancing, swimming or other water activity, racing or riding on animals or vehicles or other devices or equipment, baseball, basketball, softball, tennis, shooting ranges, golf, hockey, track and field games, bowling, billiard and pool games, motion picture film projection, and any other activity, exhibition, participation and entertainment not herein named, shown, exhibited, staged or conducted, within the corporate limits of the City of South Beloit and for which an admission fee or other charge to the spectators or participants is made.

Antenna shall mean the arrangement of wires or metal rods used in the sending and receiving of electromagnetic waves.

Antenna support structure shall mean any structure, mast, pole, tripod, or tower utilized for the purpose of supporting an antenna or antennas for the purpose of transmission or reception of electromagnetic waves by federally licensed amateur radio or citizens band radio operators.

Antenna height shall mean the overall vertical length of the antenna support structure above grade, or if such system is located on a building, then the overall vertical length includes the height of the building upon which the structure is mounted.

Apartment means a room or suite of rooms in a multiple-family structure, which is arranged, designed, used, or intended to be used, as a single housekeeping unit. Complete kitchen and bath facilities, permanently installed, must always be included for each apartment.

Arcade, sexually-oriented, means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas. See the definition of "Bookstore or video store, sexually oriented."

Auto related use: Includes auto service stations (including gas stations), auto repair stations, auto open sales, and auto rentals. Auto can refer to automobiles, trucks, motorcycles, recreational vehicles, boats, or other types of licensed vehicles in the State of Illinois.

Banquet hall/facility means an establishment which is rented by individuals or groups to accommodate private functions including, but not limited to, banquets, weddings, anniversaries and other similar celebrations. Such a use may or may not include:

a.

Kitchen facilities for the preparation or catering of food; and

b.

The sale of alcoholic beverages for on-premises consumption only during scheduled events and not open to the general public.

Banner (temporary): Any sign of lightweight fabric, vinyl or similar pliable material that is attached and hung on a building via ropes or cords. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners. Temporary banners shall constitute a form of temporary signage. A depiction of an example of a temporary banner is set forth in the sign section of this zoning code.

Banner (permanent): Any sign of lightweight fabric, vinyl, or similar pliable material that is affixed on at least two sides to a frame or bracket which is then attached to a building. For purposes of determine the maximum numbers of sign allowable for a building, permanent banners shall be treated as a type of building sign under the sign section of this zoning code. Permanent banners are subject to yearly inspection by the city to ensure the permanent banner is in good condition and repair. A depiction of an example of a permanent banner is set forth in the sign section of this zoning code.

Block means a track of land bounded by streets or in lieu of streets, by public parks, cemeteries, railroad rights-of-way, bulkhead lines or shorelines of waterways, or corporate boundary lines of municipalities.

Boardinghouse means a dwelling other than a hotel where lodging and meals are provided for. Compensation for not more than six guests who are not members of the keeper's family.

Bookstore, sexually oriented, or video store, sexually oriented, means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

a.

Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or

b.

Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.

c.

A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or sexually oriented bookstore or sexually oriented video store. Such other business purposes will not serve to exempt such commercial establishment from being categorized as a sexually oriented bookstore or sexually oriented video store as long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas.

Beacon: Any light with one or more beams directed into atmosphere or directed at one or more points not on the same zone lot as the light source; also, any light with one or more beams that rotate or move.

Buildable area means the space remaining on a lot after the minimum yards and setback requirements of this chapter have been complied with.

Building means any structure having a roof supported by columns or walls for the sheltering or enclosure of persons, animals, chattels or property of any kind.

Building, detached, means a freestanding building surrounded by open space on the same zoning lot.

Building, habitable: means any building, or portion thereof used for human habitation.

Building, height: The vertical distance from a point on grade to the highest point measured.

Building, principal, means the structure in which the principal use is conducted or located.

Building setback line means a line parallel to the street line at a distance from it, regulated by the setback requirements established in this chapter.

Building marker: Any sign indicating the name of a building, date and incidental information about its construction which sign is cut into a masonry surface or made of bronze or other permanent material.

Building sign: Any sign attached to any part of a building as contrasted to a free standing sign. Any sign attached parallel to, but within six inches of a wall, or erected and confined within the limits of an outside wall of any building or structure, supported by such wall or building, and displaying only one sign surface.

Building site and operation plan: The development plan for one or more parcels on which is shown the existing and proposed conditions of the lot, including: topography; vegetation; drainage; floodplains; wetlands; waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs; lighting; berms, buffers, and screening devices; surrounding development; and any other information deemed necessary by the PZC.

Bulk means the term used to indicate the size, height and area of a building or structure.

Car canopy means any roofed structure, detached from a dwelling place, commonly used to store vehicles, constructed from permanent or temporary materials. Examples of a car canopy are as follows:

Carport means any roofed structure used to store vehicles, with two or more open sides, permanently attached to a dwelling place, where the roof of the carport is an extension of the roof of the dwelling place. Such carport shall be constructed to withstand lateral forces. Any exterior wall and/or roofing materials of the carport shall be fire resistant. Examples of a carport are as follows:

Certification of zoning compliance means a written statement issued by the zoning administrator stating to the best of his ability that existing buildings or structures and the proposed use of such buildings or structures and/or the proposed use of the subject property is in compliance with all of the provision of this chapter and any amendments, variations, special use permits granted, or any PZC, city council or court action related thereto.

Club or lodge, private, means a nonprofit association of persons, who are bona fide members paying annual dues, which owns, hires or leases a building or portion thereof, the use of such premises being restricted to members and their guests. It shall be permissible to serve food and meals on such premises, provided that adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed in conjunction with the operation of a dining room for the purpose of serving food and meals, though such beverages may be served in a separate room and provided that such sale of alcoholic beverages is in compliance with the applicable federal, state and city laws.

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

Comprehensive plan: The current adopted Comprehensive Plan of the City of South Beloit.

District means an area or section of the city within certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.

Directional sign (on site): Signs of three square feet or less intended to facilitate the movement of vehicles and pedestrians on private property. A directional sign marking a vehicular entrance or exit may include a commercial message or logo of one square foot or less pertaining to an establishment located on the site, but are limited in number to one per entrance and one per exit. A "drive thru" sign of three square feet or less and placed adjacent to or directly over the drive through lane shall be treated as a directional sign; otherwise they will count as a freestanding or building sign, whichever is applicable.

Driveway is the entry point to a property from the roadway.

Drive aisle is the circulation portion of parking lots.

Drive-in restaurants means any establishment where food, and/or beverages, are sold to customers waiting in parked vehicles.

Dwelling means a building, or portion thereof, but not including a house trailer, mobile home, camp car or houseboat designed or used exclusively for residential occupancy, including one-family dwelling units, two-family dwelling units, and multiple-family dwelling units, but not including hotels, motels, boardinghouses or lodging houses.

Dwelling, one-family, means a dwelling unit designed exclusively for use and occupancy by one family; or a dwelling unit consisting of four or less persons not related by blood, adoption or marriage living together as a single housekeeping unit.

Dwelling, two-family, means a building designed or altered to provide dwelling units for occupancy by two families living independently of each other with separate kitchen and bathroom facilities.

Educational institution means public, parochial, charitable, or nonprofit nursery, elementary, junior high, high school, junior college, college or university, other than trade or business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants, and other incidental facilities for students, teachers and employees.

Escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

Escort agency means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

Fitness centers/health clubs means a facility designed for the major purpose of physical conditioning and fitness or weight reduction which includes, but is not limited to, such equipment as free weights, weight resistance machines, cardiovascular machines, whirl pools, saunas, showers, lockers, swimming pools, basketball courts and/or racquet courts.

Flag, commercial: Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used for onsite commercial advertisement. Flag, commercial shall require a yearly temporary license.

Floor area: The square feet of floor space within the outside line of walls.

Group living shall generally be defined as five or more persons not related by blood, adoption or marriage; living together as a single housekeeping unit.

Guesthouse means living quarters, within a detached accessory building located on the same lot with the principal building, for use by temporary guests of the occupants of the premises. Such quarters shall have no kitchen facilities nor be rented or otherwise used as a separate dwelling.

Home occupation: A gainful occupation conducted by members of the family, within its place of residence, where the space used is incidental to residential use and no article is sold or offered for sale except as is produced by such home occupation.

Illumination: Internal, external, exposed bulb, or tubular (including neon).

Institutional uses: Shall generally be defined to mean land uses developed to serve a community's social, educational, health, cultural and recreational needs. May include government owned and operated facilities or be privately owned and operated.

Junkyard, tow yard, or automobile dismantling yard means the use of more than 100 square feet of any zoning lot or portion thereof for the storage or processing of scrap metals, wastes, papers, building materials, automobiles, or other vehicles or machinery. Junkyards and automobile wrecking yards shall be contained completely in enclosed buildings or screened by a solid wall or uniformly painted solid fence at least 12 feet high.

Kennel means any lot or premises, or portion thereof, on which more than four dogs, or more than four cats, or more than four other household domestic animals are kept.

Land use: A description of how property is occupied or utilized.

Legal nonconformity: The zoning status of a structure or parcel of land which, or the use of which, though legal prior to the passage of this chapter does not comply with one or more of the provisions of this chapter.

Lot. A parcel of land that: is undivided by any street or private road; is occupied by or designated to be developed for a building or principal use; and contains the accessory structures or uses customarily incidental to such building, use or development, including such open spaces and yards as designed and arranged or required for such building, use or development.

Lot, adjacent. Lots, which adjoin or share property lines or lots in which, although separated by a street, the front property lines overlap another by more than 30 percent.

Lot, corner. A lot situated at the junction of and abutting on two or more intersection streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees.

Lot, double frontage. A lot which has its rear and front yard bordering on a street.

Lot, flag. A lot with access provided to the bulk of the lot by a narrow corridor of property and the narrow corridor frontage is the only public street frontage. (These will be prohibited)

Lot, gateway. A lot having its front, rear and one side yard bordering on a street.

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

Lot lines: The lines bounding a lot as defined herein.

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

Lot line, rear. In the case of rectangular or most trapezoidal shaped lots, that lot line which is parallel to and most distant from the front lot line of the lot. In the case of an irregular, triangular, or gore-shaped lot a line 20 feet in length, entirely within the lot, parallel to and at the maximum possible distance from the front line shall be considered to be the rear lot line.

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

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

Lot lines. A property boundary line of any lot, except that where any portion of the lot extends into abutting street or alley, the lot line shall be deemed to be the street or alley line.

Lot measurements.

a.

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

b.

Lot coverage. The percentage of a zoning lot occupied by buildings, including accessory buildings and structures, driveways, sidewalks, decks, and patios.

c.

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

d.

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

e.

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

Lot, primary and secondary. If a property is a corner lot with two front yards, the city will designate one of the front yards as the primary front yard and the other as the secondary front yard.

Lot, substandard. A lot of record that lawfully existed that would not conform to the applicable regulations if the lot were to be created under the current provisions.

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

Lot of record. A platted lot which has been approved by the city; and has been recorded in the office of the Register of Deeds.

Massage parlor means any establishment where the following services are rendered by any person within the city: Any method of treating the external soft tissues of the human body for remedial, health, or hygienic purposes by means of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, bathing, touching, binding, painting, irritating, vibrating, or stimulating the external parts of the body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, soaps, ointments, or other similar preparations commonly used in this practice and the administration of fomentation, electric, or magnetic treatments. For purposes of this chapter, massage does not include the diagnosis, prescription, adjustment, or articulation of the human skeletal system or any other service, practice, or profession which requires a license from the state in order to practice, except as otherwise provided in this chapter.

Mobile home means a structure designed for permanent habitation and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, from the place of its construction to the location, or subsequent locations, at which it is intended to be a permanent habitation and designed to permit the occupancy of such mobile home as a dwelling place for one or more persons. The term "mobile home" shall include manufactured homes constructed after June 30, 1976, in accordance with the federal National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC 5401 et seq.).

Mobile home park means any plot of ground on which two or more mobile homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodation.

Motor vehicle, passenger; shall have the same definition as set forth in the Illinois Motor Vehicle Code, including but not limited to cars, trucks, vans, pick-up trucks and motorcycles

Nonconforming building or structure means a lawful structure which exists upon the adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure, or its location on the lot.

Nonconforming lot means a lot of record existing at the date of the city adopting a zoning code which does not have the minimum width or contain the minimum area for the zone in which it is located.

Nonconforming use means the use of any structure or land lawfully occupied and maintained, but which does not conform with the use regulations or required conditions for the district in which it is located, by reason or adoption of this chapter or amendments thereto.

Nonmotorized vehicle shall mean any licensed or unlicensed trailer including, but not limited to, camping trailers, travel trailers, boat trailers, snowmobile trailers, bike trailers, all-terrain vehicle trailers, enclosed trailers, or any other trailers limited to single-axle.

Nude model studio means any place where a person who appears in state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. The terms "nudity" and a "state of nudity" mean the appearance of a human bare buttock, anus, male genitals, female genitals, or full female breast. The term "specified anatomical areas" means the male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.

Nursing home, rest home, convalescent home means a private or public home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders but not including facilities used primarily for the treatment of sickness or injuries or for surgical care.

Open sales lot means any land used or occupied for the purpose of buying, storing and selling new or secondhand passenger cars or trucks, motor scooters, motorcycles, boats, trailers, aircraft and monuments and for the storing of the same.

Open space: An unoccupied space open to the sky on the same lot with the building and not used for parking or driveway purposes.

Owner: The owner of the title to real property or the contract purchaser of real property of record, as shown on the latest assessment records of the City of South Beloit. Owner also includes a deed holder or contract purchaser whose name does not appear in the latest assessment records, but who presents to the municipality a copy of a deed or contract of sale showing date, book, and page of recording.

Parking area, private, means an open, hard-surfaced area, other than a street or public way designed, arranged and made available for the storage of private passenger automobiles and pickup trucks, but not including trailers, mobile homes or boats of occupants of buildings for which parking is developed and is accessory.

Parking area, public, means an open, hard-surfaced area, other than a street or public way, intended to be used for the storage of passenger automobiles and commercial vehicles under 1½-ton capacity and available to the public, whether for compensation, free or as an accommodation to clients or customers.

Parking space, off-street, means a useable hard surface off-street area with independent access, not included within the established front yard setbacks.

Pawnbroker means every individual, corporation, business, partnership or entity, which lends money on the deposit or pledge of physically delivered personal property, other than property the ownership of which is subject to legal dispute, securities, printed evidence of indebtedness or printed evidence of ownership of the personal property, or who deals in the purchase of said property on the condition of selling the property back again at a stipulated price or used property purchased for resale. The business of a pawnbroker shall not include the lending of money on deposit or pledge of title to property.

Pawn shop means an establishment where a pawnbroker engages in the business of receiving property in pledge or as security for money or other type of loan.

Pennant: Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, string, usually in series, designed to move in the wind.

Principle building: The building in which is conducted the principal use of the zone lot on which it is located. Zone lots with multiple principal uses may have multiple principal buildings, but accessory storage buildings, garages, filling station pump shelters, and other clearly accessory uses shall not be considered principal buildings.

Principal use means the main use of land or structure as distinguished from a subordinate or accessory use.

Public utility means any person, firm, corporation or municipal department, duly authorized to furnish under public regulations to the public, electricity, gas, steam, telephone, communications, transportation or water.

Public facility: For purposes of this chapter, shall mean roads, sanitary waste facilities, potable water facilities, and drainage and storm water facilities.

Public property. Any real property, easement, air-space, or other interest in real estate, including a street, owned by or controlled by this municipality or any other governmental unit.

Private commercial: Facilities owned and operated by an individual or group for profit as a business whether or not open to general public use.

Right-of-way means a strip of land occupied or intended to be occupied by a street, crosswalk, railroads, electric transmission line, oil or gas pipeline, water mains, sanitary sewer main or other public use.

Recreational vehicle includes, but I [is] not limited to motor homes, campers, cargo trailers, travel trailers, boats, snowmobiles, all-terrain vehicles and any other vehicle which may be licensed by the State of Illinois as recreational vehicle.

Reflector means any device designed or intended to reflect the sun's rays to a solar collector or designed to concentrate the sun's rays on a solar collector.

Residential planned unit development. A development occupying two or more gross acres, including all land within the project boundaries plus one-half of all adjacent public rights-of-way, to be constructed by a single owner or group of owners acting jointly; located on a lot of record; involving a related group of residential uses, planned as an entity and, therefore, acceptable for development and regulations as one complex land use unit, rather than as a mere aggregation of individual buildings located on separate unrelated lots.

Right-of-way means a strip of land occupied or intended to be occupied by a street, crosswalk, railroads, electric transmission line, oil or gas pipeline, water mains, sanitary sewer main or other public use.

Road: Synonymous with street.

Sandwich board: A sandwich board is a freestanding temporary sign, with no moving parts or lights, no larger than seven square feet total sign size; displayed outside a business, during business hours to advertise the business, hours of operation, an event, a promotion, etc., (excluding real estate signage). It is not intended as permanent business signage. Sandwich board shall require a yearly temporary license.

Seasonal allowance—April 15 to October 15 (Summer) October 16 to April 14 (Winter).

Sexually oriented business means a sexually oriented arcade, a sexually oriented bookstore, or a sexually oriented video store, a massage parlor, an escort agency or a nude model studio. Each of these terms is defined within this definitions section.

Sign: Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.

Sign, advertising, means a sign which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such sign is located or to which it is affixed (i.e., off-premises advertising).

Sign, abandoned: A sign which no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, product or activity conducted, or product available on the premises where the sign is displayed.

Sign, abandoned non-conforming, A non-conforming sign which no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, product or activity conducted, or product available on the premises where the sign is displayed. Such sign shall be removed in its entirety within six months of discontinuance.

Sign, attached, means a sign attached to the building which in no case may extend more than 18 inches from the face of the building.

Sign, business, 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 on which such sign is located, or to which it is affixed.

Sign, electronic: Any sign that uses mechanical movement or change of lighting to depict action or create a special effect or scene.

Sign, electronic graphic display, means a sign or portion thereof that displays electronic images, graphics or pictures. Such sign may be with or without information, defined by a small number of matrix elements using different combinations of light emitting diodes (LED's) fiber optics, light bulbs or other illumination devices within display area. Electronic graphic display signs include computer programmable, microprocessor controlled electronic or digital displays.

Sign, electronic graphic display—Advertising means an advertising sign or a portion thereof that utilizes an electronic graphic display which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such sign is located or to which it is affixed (i.e., off-premises advertising)

Sign, electronic graphic display—Business means a business sign or portion thereof that utilizes an electronic graphic display which directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered upon the premises on which such sign is located, or to which it is affixed.

Sign, freestanding: Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or structure. Both pole or ground signs are types of freestanding signs.

Sign, gross area of, means the entire area within a single continuous perimeter enclosing the extreme limits of such sign, and in no case passing through or between any adjacent elements of the same. It does not include any structural or framing elements lying outside the limits of such sign surface and not forming an integral part of the display. Only one side of a double-faced sign structure shall be used in computing total gross area.

Sign, identification: A sign containing only a name and/or an address and limited to two square feet in area. Name may be personal or identify an organization.

Sign, incidental: A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking," "loading only," "telephone," menu boards, and other similar directives. No sign with a commercial message or logo legible to a normal person of average person standing on any property line of the zone lot on which the sign is located shall be considered incidental.

Sign, monument, means a sign mounted directly on the ground not to exceed eight feet in height.

Sign, portable: Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; balloons used as signs; and umbrellas used for advertising. Portable signs shall constitute a form of temporary signage.

Sign, projecting, means a sign attached to the building which extends more than 18 inches from the face of such building.

Sign small board metal stake yard/lawn sign: A sign generally made with cardboard or corrugated plastic, approximately 24 inches × 18 inches in size, with metal inserts used to place into the ground.

Sign, temporary: Any sign that is used only temporarily and is not permanently mounted. Temporary signs may include, but are not limited to, banners, portable signs, sandwich board signs, inflatable signs, flags, commercial, and small board metal stake signs.

Sign, window: Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service that is placed directly on the surface of the window panes of glass or is hung from the window frame and is visible from the exterior of the window.

Solar cell means any device designed or intended to produce electricity directly from the energy of sunlight, without moving parts.

Solar collector means any device designed or intended to collect energy from the sun and use that energy to heat air, gas or liquid to be transmitted through pipes or ducts for heating and energy purposes. A window letting sunlight directly into a room to be heated is not a solar collector.

Solar component means any solar collector, solar engine, reflector, pipe, duct or other component of a system using solar collectors or solar engines.

Solar energy engine means any device designed or intended to produce motion from heat generated by sunlight; such motion may be turning a wheel, pulley or gear, or by moving a shaft back and forth. The motion may be produced by a sterling engine, a steam engine, or any mechanical device using heat and light from the sun.

Solar panel means a solar collector in the shape of a panel, regardless of the thickness of the panel.

Specified sexual activities means and includes any of the following:

a.

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

b.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

c.

Masturbation, actual or simulated; or

d.

Excretory functions are part of or in connection with any of the activities set forth in subsections a. through c. of this definition.

Street means a right-of-way other than an alley, which affords a primary means of access to abutting property.

Structural alterations means any change other than incidental repairs which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams and girders.

Structure means anything which is constructed or erected with a fixed location on the ground or attached to something having fixed location on the ground. Among other things, structures include walls, buildings, fences, signs, mobile homes and swimming pools. The term "structure" includes the term "building."

Temporary mobile sales and uses shall mean the operation of mobile food trucks, fruit/vegetable stands and food stands/carts on private property.

Unnecessary hardship: That circumstance where special conditions, which were not self-created, affect a particular property and make strict conformity with restrictions governing area, setbacks, frontage height or density unnecessarily burdensome or unreasonable in light of the purposes of this chapter.

Use, accessory: A use subordinate to and customarily incident to the permitted principal use.

Use, special: A use which is generally acceptable in a particular zoning district but which, because of its characteristics and the characteristics of the zoning district in which it would be located, requires review on a case by case basis to determine whether it should be permitted, conditionally permitted, or denied.

Use, permitted: That utilization of land by occupancy, activity, building or other structure which is specifically enumerated as permissible by the regulations of the zoning district in which said land is located.

Use, principal: The main or primary use of property or structures as permitted on such lot by the regulations of the district in which it is located.

Variance: An authorization granted by the city council to construct or alter a building or structure in a manner that deviates from the dimensional standards of this chapter.

Vision setback area: An unoccupied triangular space, at the street corner of a corner lot.

Wetlands: Those areas where water is at, near or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative or wet conditions.

Wind load means pressure of wind against any object of structure, such as a solar collector.

Wind Energy Convection Systems (WECS) are safe and effective wind generated electricity systems WECS facilitating economic opportunities for local residents and promoting the supply of wind energy in support of Illinois' statutory goal.

Winery which includes vineyards and facilities for the manufacture, storage, sale (to-go in the original unbroken package and/or for consumption on the premises) of wine.

Yard or setback means an open space on the same zoning lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this chapter, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district, in which the zoning lot is located.

Yard or setback, front, means the yard extending along the full length of the front lot line between the side lot lines. Any yard adjoining a public street shall be considered a front yard.

Yard or setback, rear, means the yard extending along the full length of the rear lot line between the side lot lines.

Yard or setback, side, means the yard extending along a side lot line from the front yard to the rear yard.

Zoning administrator and administrative official: The administrative officer designated to administer the zoning ordinance and issue a zoning clearance. The term zoning administrator and/or administrative official as used herein does not include the City Council for the City of South Beloit.

Zoning district: A specifically delineated area within the City of South Beloit within uniform regulations and requirements govern the use, placement, spacing, and size of land and buildings.

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

Zoning maps means the maps incorporated into this chapter as a part of this chapter, designating zoning districts.

Zoning clearance means a statement issued by the zoning administrator stating the existing zoning provisions which apply to a given parcel of property. The following should be specifically stated in the zoning clearance:

a.

Zoning districts within which the property is located.

b.

Any additional regulations which apply to the subject property such as those specified by special use permit, variation or other action by the PZC or the city council, also including judiciary action.

c.

Status of any nonconformities which exist on the subject property.

d.

If a specific use is proposed and the extent of the proposed use is indicated and accompanied by plans and additional information as necessary, then applicable parking, sign and other regulations should be stipulated.

(Ord. of 5-6-2024; Ord. No. 2808, § 2, 8-5-2024; Ord. No. 2810, § 2, 8-5-2024)