Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this title.

Accessory Use. See Section 17.32.050.

"Adult use" means any establishment, including but not limited to arcades, bookstores, cabaret, hotel, motel, motion picture theatre, massage parlor, modeling studio, sexual encounter establishment, or store, where, for any form of consideration, a substantial portion of the stock-in-trade or business activities are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

"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 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.

"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 Illinois 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 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.

"Adult-Use Cannabis 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.

"Adult-Use Cannabis 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 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.

"Adult use, specified anatomical areas" as used in this chapter, means and includes any of the following: (1) less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered.

"Adult use, specified sexual activities" as used in this chapter, means and includes any of the following: (1) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; (2) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; (3) masturbation, actual or simulated; or (4) excretory functions as part of or in connection with any of the activities (1) through (3).

"Antenna" means an equipment designed to transmit or receive electronic signals.

"Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year. Also known as the one hundred (100) year flood.

"Boarding house" means a residential use consisting of at least one dwelling unit together with more than two rooms that are rented or are designed or intended to be rented but which rooms, individually or collectively, do not constitute separate dwelling units. A rooming house or boarding house is distinguished from a tourist home in that the former is designed to be occupied by longer term residents (at least month-to-month tenants) as opposed to overnight or weekly guests.

"Building" means a structure designed to be used as a place of occupancy, storage or shelter.

Building, Accessory. "Accessory building" means a building that is located on the same lot as a principal building and used incidentally to a principal building or that houses an accessory use.

Building, Principal. "Principal building" means the primary building on a lot or a building that houses a principal use.

"Certify" means a written expression of an authorization by a competent and legal authority, with a proper original signature.

"Child care home" means a home for not more than nine orphaned, abandoned, dependent, abused, or neglected children, together with not more than two adults who supervise such children, all of whom live together as a single housekeeping unit.

"Child care institution" means an institutional facility housing more than nine orphaned, abandoned, dependent, abused or neglected children.

"City" means the city of Streator, Illinois.

"Combination use" means a use consisting of a combination on one lot of two or more principal uses separately listed as permissible uses in Section 17.32.090. A combination use is not created in circumstances where there is a principal use and an accessory use.

"Contractors' facilities" mean shops and storage areas used by general contractors', builders, specialized trades (such as but not limited to heating, air conditioning, painting, plumbing, roofing, etc.), and heavy construction contractors (engaged in activities such as but not limited to paving, highway construction, etc.) for the housing and/or operating of machinery, the provision of services, the fabrication of building-related products and storage.

"Convenience store" means a one-story, retail store containing less than five thousand (5,000) square feet of gross floor area that is designed and stocked to sell primarily food, beverages (including packaged liquor, subject to applicable licenses), and other household supplies to customers who purchase only a relatively few items (in contrast to a "supermarket"). It is designed to attract and depends upon a large volume of stop-and-go traffic and may also be associated with an automobile fueling center.

"Council" means the city council of the city of Streator, Illinois.

"Day care center" means a state licensed facility where a person, other than a relative or guardian, provides care and supervision for four or more children under seven years of age, or for four or more seniors or adults requiring care, for less than twenty-four (24) hours a day for compensation.

"Developer" means a person who is responsible for any undertaking that requires a zoning certificate, special use permit, or sign permit.

"Development" means an improvement on otherwise vacant or unused land, property or lot.

"Dimensional nonconformity" means a nonconforming situation that occurs when the height, size, or minimum floor space of a structure or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located.

Duplex. See Residence, Duplex.

"Dwelling unit" means an enclosure containing sleeping, kitchen, and bathroom facilities designed for and used or held ready for use as a residence by one family.

"Expenditure" means a sum of money paid out in return for some benefit or to fulfill some obligation.

"Extraterritorial planning area" means that portion of the city's planning jurisdiction that lies outside the corporate limits of the city, and extends to that distance authorized by law.

"Family" means one or more persons living together as a single living unit or housekeeping unit, not necessarily related.

"Gross acreage" means the total acreage of a site-less land within the platted rights-of-way of existing roads, utilities, and easements of access.

"Gross floor area" means the total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

"Habitable floor" means any floor area usable for living purposes, which includes working, sleeping, eating, cooking, or recreation, or any combination thereof. A floor area used only for storage is not a habitable floor.

"Halfway house" means a home for not more than nine persons who are receiving some form of treatment for alcoholism, drug abuse, mental illness, or antisocial or criminal conduct, together with not more than two persons providing supervision and other services to such persons.

"Handicapped or infirmed home" means a residence within a single dwelling unit for not more than nine persons who are physically or mentally handicapped or infirmed, together with not more than two persons providing care or assistance to such persons, all living together as a single housekeeping unit. Persons residing in such homes, including the aged and disabled, principally need residential care rather than medical treatment.

"Handicapped or infirmed institution" means an institutional facility housing and providing care or assistance for more than nine persons who are physically or mentally handicapped or infirmed. Persons residing in such homes, including the aged or disabled, principally need residential care rather than medical treatment.

"Heavy equipment" means a movable or transportable vehicle or other apparatus commonly used in commercial, industrial, or construction enterprises, such as, but not limited to, trucks, trailers, bulldozers, cranes, backhoes, rollers, loaders, and lifts, having a gross weight of two and one-half tons or more.

"High-volume traffic generating uses" means all uses identified as "high-volume traffic generating" in the table of permissible uses (Section 17.32.010) and any uses in their corresponding class of uses other than low-volume traffic generating uses or medium-volume traffic generating uses which have been empirically demonstrated to generate a volume of traffic roughly the same as those specifically listed as "high-volume" traffic generating, as defined by the planning commission.

"Home occupation" means an occupation for gain or financial support conducted within a principal residential building, or a building or structure accessory thereto.

"Intermediate care home" means a facility maintained for the purpose of providing accommodations for not more than sixteen (16) occupants needing medical care and supervision at a lower level than that provided in a nursing care institution.

"Intermediate care institution" means an institutional facility maintained for the purpose of providing accommodations for more than sixteen (16) persons needing medical care and supervision at a lower level than that provided in a nursing care institution but at a higher level than that provided in institutions for the handicapped or infirmed.

"Junk yard" means places for storage or dumping of old, dilapidated, scrap or abandoned metal, paper, building material and equipment, bottles, glass, appliances, furniture, beds and bedding, rags, rubber, motor vehicles and parts thereof.

"Kennel" means a commercial operation that:

1.

Provides food and shelter and care of animals for purposes not primarily related to medical care (a kennel may or may not be run by or associated with a veterinarian), or

2.

Engages in the breeding of animals for sale.

"Lot" means a parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or a recorded plat and which is recognized as a separate legal entity for purposes of transfer of title. If a public body or any authority with the power of eminent domain condemns, purchases, or otherwise obtains fee simple title to or a lesser interest in a strip of land cutting across a parcel of land otherwise characterized as a lot by this definition, or a private road is created across a parcel of land otherwise characterized as a lot by this definition, and the interest thus obtained or the road so created is such as effectively to prevent the use of this parcel as one lot, then the land on either side of this strip shall constitute a separate lot. Except as otherwise stipulated in this code, the administrator of the provisions in this title and the owner of two or more contiguous lots may agree to regard the lots as one lot if necessary or convenient to comply with any of the requirements of this title.

"Lot area" means the total area circumscribed by the boundaries of a lot, except that:

1.

When the legal instrument creating a lot shows the boundary of the lot extending into a public street right-of-way, then the lot boundary for purposes of computing the lot area shall be the street right-of-way line, and

2.

In a residential district, when a private road that serves more than three dwelling units is located along any lot boundary, then the lot boundary for purposes of computing the lot area shall be the inside boundary of the traveled portion of that road.

Lot, Corner. "Corner lot" means a lot located at the intersection of two or more streets.

Lot Line, Front. "Front lot line" means in the case of an interior lot, a line separating the lot from the street, and in the case of a corner lot, a line separating the narrowest frontage of the lot from the street.

Lot Line, Rear. "Rear lot line" means the lot line that is opposite and most distant from the front lot line.

Lot Line, Side. "Side lot line" means any boundary of a lot that is not a front lot line nor a rear lot line.

"Low-volume traffic generating uses" means uses such as furniture stores, carpet stores, major appliance stores, etc. (See Section 17.32.010, Table of Permissible Uses) that sell items that are large and bulky, that need a relatively large amount of storage or display area for each unit offered for sale, or that provide services to off-site businesses; and that therefore generate less customer traffic per square foot of floor space than medium or high traffic generating uses.

"Manufactured home" means a transportable structure, designed with wheels and axels whether or not they are removed on site, suitable for year-round single-family occupancy and having water, electrical, and sewage connections similar to those of conventional dwellings. Often locally referred to as "mobile home."

Example of a manufactured home

"Modular home" means a dwelling unit constructed per the standards set forth in the Chapter 6 of this Building and Municipal Code of Titles, and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Among other possibilities, a modular home may consist of two sections transported to the site in a manner similar to a manufactured home as defined in this chapter, except that the modular home meets the standards set forth in Chapter 6 of this Building and Municipal Code of Titles; or a series of panels or room sections transported on a truck and erected or joined together on the site.

Example of a modular home

"Net acreage" means the gross acreage minus the acreage devoted to stormwater retention and detention basins, bodies of water, public parks, school sites, municipal sites, wetlands, floodplains, and areas with slopes greater than twenty (20) percent.

"Nursery school" means a school that is primarily educational in nature, and meets the needs of a child of three to five years in age.

"Nursing care home" means a facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital to not more than nine persons.

"Nursing care institution" means an institutional facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital to more than nine persons.

"Person" means an individual, trustee, executor, other fiduciary, corporation, firm, partnership, association, organization, or other entity acting as a unit.

"Planned unit development (PUD)" means a development constructed on a tract of at least two and one-half acres under single ownership, planned and developed as an integral unit, which may consist of a combination of residential and nonresidential uses on land within a PUD district per Section 17.36.020.

"Planning jurisdiction" means the area within the city limits as well as the area beyond the city limits within which the city is authorized to plan for and regulate development as set forth in Section 17.04.030.

"Private road" means all private ways used to provide motor vehicle access to:

1.

Two or more lots; or

2.

Two or more distinct areas or buildings in unsubdivided developments.

"Public water supply system" means any water supply system furnishing potable water to ten (10) or more dwelling units or businesses or any combination thereof.

"Receive-only earth station" means an antenna and attendant processing equipment for reception of electronic signals from satellites.

"Recreational vehicle" means any vehicle, used or so constructed as to permit it being used as a conveyance upon the public streets and highways, and licensable as such, which is constructed in such a manner that will permit occupancy as a dwelling or sleeping place for one or more persons, including also a self-propelled vehicle having body designed as living quarters.

Residence, Duplex. "Duplex residence" means a two-family residential use in which the dwelling units share a common wall (including without limitation the wall of an attached garage or porch) and in which each dwelling unit has a separate, ground floor entrance.

Residence, Multi-family. "Multi-family residence" means a residential use consisting of a building containing three or more dwelling units. For purposes of this definition, a building includes all dwelling units that are enclosed within that building or attached to it by a common floor or wall (even the wall of an attached garage or porch).

Residence, Multi-family Apartments. "Multi-family apartments residence" means a multi-family residential use other than a multi-family conversion or multi-family townhouse.

Residence, Multi-family Conversion. "Multi-family conversion residence" means a multi-family residence containing not more than four dwelling units and results from the conversion of a single building containing at least two thousand (2,000) square feet or gross floor area that was in existence on the effective date of this provision and that was originally designed, constructed and occupied as a single-family residence.

Residence, Multi-family Townhouses. "Multi-family townhouses residence" means a multi-family residential use in which each dwelling unit shares a common wall (including, without limitation the wall of an attached garage or porch) with at least one other dwelling unit and in which each dwelling unit has living space on the ground floor and a separate, ground floor entrance.

Residence, Primary with Accessory Apartment. "Primary with accessory apartment residence" means a residential use having the external appearance of a single-family residence but in which there is located a second dwelling unit that comprises not more than thirty-three (33) percent of the gross floor area of the building nor more than a total of seven hundred fifty (750) square feet.

Residence, Single-Family Detached, more than One Dwelling per Lot. "Single-family detached residence (more than one dwelling per lot)" means a residential use consisting of two or more single-family detached dwelling units on a single lot.

Residence, Single-Family Detached, One Dwelling Unit per Lot. "Single-family detached residence (one dwelling unit per lot)" means a residential use consisting of a single detached building containing one dwelling unit and located on a lot containing no other dwelling units.

Residence, Two-Family. "Two-family residence" means a residential use consisting of a building containing two dwelling units. If two dwelling units share a common wall, even the wall of an attached garage or porch, the dwelling units shall be considered to be located in one building.

Residence, Two-Family Apartment. "Two-family apartment residence" means a two-family residential use other than a duplex, two-family conversion, or primary residence with accessory apartment.

Rooming House. See Boarding House.

"Salvage yard" means any lot or parcel, or part thereof, including automobile graveyards, where a salvage vehicle(s) or parts thereof, are located for the purposes of resale as parts or parts as salvage only.

"Special events" means circuses, fairs, carnivals, festivals, or other types of special events that:

1.

Run for longer than one day but not longer than two weeks,

2.

Are intended to or likely to attract substantial crowds, and

3.

Are unlike the customary or usual activities generally associated with the property where the special event is to be located.

"Special-use permit" means a permit issued by the planning commission and the city that authorizes the recipient to make use of property per the requirements of this title as well as any additional requirements imposed by the planning commission and the city.

"Street" means a public street or a street with respect to which an offer of dedication has been made.

"Structure" means anything constructed or erected.

"Telecommuting" means the relocation of work activities to a home or satellite work site to eliminate or reduce the distance traveled in a commute. Telecommunications, computers, and other supporting activities may be employed during telecommuting.

"Temporary emergency, construction, or repair residence" means a residence (which may be a mobile home) that is:

1.

Located on the same lot as a residence made uninhabitable by fire, flood, or other natural disaster and occupied by the persons displaced by such disaster,

2.

Located on the same lot as a residence that is under construction or undergoing substantial repairs or reconstruction and occupied by the persons intending to live in such permanent residence when the work is completed, or

3.

Located on a nonresidential construction site and occupied by persons having construction or security responsibilities over such construction site.

"Tower" means any structure whose principal function is to support an antenna.

"Use" means the activity or function that actually takes place or is intended to take place on a lot.

Use, Principal. "Principal use" means a use listed in the table of permissible uses.

"Utility facilities" means any aboveground structures or facilities (other than buildings, unless such buildings are used as storage incidental to the operation of such structures or facilities) owned by a governmental entity, a nonprofit organization, a corporation, or any entity defined as a public utility for any purpose by the city, the state of Illinois, or the Illinois commerce commission and used in connection with the production, generation, transmission, delivery, collection, or storage of water, sewage, electricity, gas, oil, or electronic signals. Excepted from this definition are utility lines and supporting structures listed in Section 17.32.070.

"Variance" means a grant of permission by the board of appeals that authorizes the recipient to utilize land in a manner other than that authorized by this title.

"Wholesale sales" means on-premises sales of goods primarily to customers engaged in the business of reselling the goods.

"Wooded area" means an area of contiguous wooded vegetation where trees are at a density of at least one six-inch or greater caliper tree per three hundred twenty-five (325) square feet of land and where the branches and leaves form a contiguous canopy.

"Zoning certificate" means a certificate issued by the authorized city official that authorizes the recipient to make use of property per the requirements of this title.

(Ord. 2004/05-17 § 1 (part))

(Ord. No. 2020-01, § 2, 1-15-2020)