This title shall be known, cited and referred to as the CITY OF TOLUCA ZONING ORDINANCE. (Ord., 5-13-1968)

   ACCESSORY BUILDING: A building which is located on the lot of the main building, or a portion of the main building, the use of which is clearly incidental to the main use of the main building.

   APARTMENT: One or more rooms in a multi-family structure arranged, intended, designed or occupied as the residence of a single family, individual, or group of individuals.

   AUTO WRECKING YARD OR JUNKYARD: Any place where two (2) or more motor vehicles not in running condition, or parts thereof, are stored in the open and are not restored to operation within thirty (30) days of their arrival; or any portion of any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging and scavenging of any other goods, articles or merchandise.

   AUTOMOBILE REPAIR: General repair, engine rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; overall painting of motor vehicles.

   AUTOMOBILE SERVICE STATION: A place where gasoline (stored only in underground tanks), kerosene, motor oil, and lubricants for the operation of automobiles are retailed directly to the public on the premises, including, as incidental thereto, minor accessories and services for automobiles, but not including body and motor rebuilding and repair. When the dispensing, sale or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage.

   BASEMENT: A story, three (3) sides of which are partly below the level of the street grade or ground nearest the building. A basement shall not be considered a story for the purpose of height regulation unless it is subdivided, rented, sold or leased for dwelling purposes.

   BASEMENT, HABITABLE: No basement or portion thereof shall be used for living quarters unless the house above the basement is finished on the outside.

   BILLBOARD: Any structure or portion thereof upon which are signs or advertisements used on an outdoor display. This definition does not include any bulletin boards used to display official court or public office notices, or church or fraternal organization bulletin boards, or signs advertising the sale or lease of the premises on which the sign is located.

   BLOCK: That property abutting on one side of a street between the two (2) nearest intersecting streets, railroad rights of way, or other natural barriers.

   BOARDING HOUSE: A building where meals or lodging and meals are offered or provided for compensation for three (3) or more, but not exceeding twenty (20), persons.

   BUILDING: Any structure having a roof supported by columns or walls, and designed or intended for the shelter, support, enclosure or protection of persons, animals or chattels.

   BUILDING LINE: For the purposes of this title, the building line is the same as a front yard setback line.

   COURT: An open unoccupied space, other than a yard, on the same lot with a building and bounded on two (2) or more sides by such building.

   CURB GRADE: The established elevation of the curb in front of the building measured at the center of such front. Where no curb grade has been established, the city shall establish such curb level or its equivalent for the purpose of this title.

   DECK: A level and rather narrow plain or platform which, for purposes of this title, is located adjacent to one or more faces of the main structure, and which is constructed over four feet (4') in height above the average level of the adjoining ground.

   DEPTH OF LOT: The mean horizontal distance between the front and rear lot lines.

   DISTRICT: A section of the city of Toluca for which regulations governing the height, area and use of buildings and premises are uniform.

   DWELLING: A building or portion thereof, but not an automobile house trailer, designed for residential occupancy, including one-family, two-family and multiple-family dwellings but not including hotels, boarding houses and lodging houses.

   DWELLING, MULTIPLE-FAMILY: A building or portion thereof designed for occupancy by two (2) or more families living independently of each other.

   DWELLING, ONE-FAMILY: A detached building designed exclusively for occupancy by one family.

   DWELLING, ROW: A group of two (2) or more attached one-family dwellings, not more than two and one-half (21/2) stories in height nor more than two (2) rooms deep.

   DWELLING UNIT: One or more rooms in a dwelling or apartment designed primarily for occupancy by one family for living or sleeping purposes.

   EARTH HOME: A masonry home, covered with soil on three (3) sides, and an average of thirty inches (30") of soil on top.

   EFFICIENCY UNIT: A dwelling unit consisting of one room, exclusive of bathroom, kitchen, hallway, closets or dining alcove directly off the principal room, provided such dining alcove does not exceed one hundred twenty five (125) square feet in area.

   FAMILY: Any number of individuals related by blood, marriage or adoption, living, cooking and dining together in the same premises as a single housekeeping unit, including domestic servants for whom, subject to the provisions of this title, separate living quarters may be provided.

   FARMSTEAD: Can be new construction on a new site or can be the restoration, rebuilding, renovating, construction, reconstruction, or remodeling, including garages or utility buildings, on an existing parcel of real estate, whereupon presently or formerly there existed a farmstead dwelling settlement.

   FOUNDATION, PERMANENT: A permanent foundation consists of continuous masonry with footings, a minimum of thirty six inches (36") below grade level; or a floating slab, a minimum of four inches (4") thick with reinforcing.

   FRONT: The front of a lot shall be that boundary of a lot along a public street; and for a corner lot, the front shall be the shorter lot boundary along a street.

   FRONT YARD: A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building.

   GARAGE, PRIVATE: An accessory building for the storage of not more than three (3) motor driven vehicles, of which not more than one shall be a commercial vehicle of not more than two (2) tons' capacity.

   GARAGE, PUBLIC: A building, other than a private garage, used for the care, repair of equipment or automobiles, or where such vehicles are parked or stored for remuneration, hire or sale within the structure.

   GUESTHOUSE: A structure for human habitation, containing one or more rooms with bath and toilet facilities, but not including a kitchen or facilities which would provide a complete housekeeping unit.

   HALF STORY: That portion of a building under a gable, hip or gambrel roof, which is unused or used only in conjunction with and by the occupants of the floor immediately below.

   HEIGHT OF BUILDING: The vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof for flat roofs; to the deck line for mansard roofs; and to the mean height level (between eaves and ridge) for gambrel and hip roofs. Where a building is located upon a terrace or slope, the height may be measured from the average ground level at the building wall.

   HOME OCCUPATION: Any gainful occupation carried on only by a member of the family which resides on the premises, subject to the following limitations: no commodities may be sold on the premises; no display may indicate from the exterior of the building that it is being used in whole or in part for any purpose other than that of a dwelling; and no person may be employed other than a member of the immediate family who resides on the premises. A professional person may use his residence for emergency consultation or treatment but not for the general practice of his profession. No accessory building shall be used for a home occupation.

   HOSPITAL OR SANATORIUM: An institution open to the public in which sick patients or injured persons are given medical or surgical care, or for the care of contagious diseases or incurable patients.

   HOTEL: A building in which lodging is offered or provided by compensation with or without meals in which there are more than ten (10) guestrooms.

   KENNEL: Any lot or premises on which four (4) or more dogs, at least four (4) months of age, are kept.

   LOADING SPACE: An off street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.

   LODGING HOUSE: A building where lodging is offered or provided for compensation for three (3) or more, but not to exceed ten (10), guestrooms.

   LOT: A parcel of land used or suitable for occupancy by one main building or one main use with permitted incidental buildings and providing open spaces as required by this title and having its principal frontage upon a public street. A lot may be land so recorded on the records of the recorder of deeds of Marshall County, Illinois, or may include parts of or a combination of such lots when adjacent to one another, provided such land is used for one improvement.

   LOT, CORNER: A lot in one ownership located at the intersection of two (2) streets or a lot bounded on two (2) sides by a curving street, any two (2) chords of which form an angle of one hundred twenty degrees (120°) or less, measured on the lot side.

   LOT, INTERIOR: A lot other than a corner lot.

   LOT LINES: The lines bounding a "lot" as defined herein.

   LOT, REVERSED CORNER: A corner lot on a street where a majority of the lots are facing one direction, where the street side side-lot line of which is substantially a continuation of the front lot line of the first lot to its rear.

   LOT WIDTH: The horizontal distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear lot lines.

   MODULAR HOME: Is brought to the site in at least two (2) sections, is placed upon a permanent foundation, and the wheels, if any, are removed.

   NONCONFORMING USE: Any building, structure or land lawfully occupied by a use or lawfully situated at the effective date hereof or amendments hereto, which does not conform after the effective date hereof or amendments hereto with the regulations established herein.

   PARKING AREA, PUBLIC: An open area, other than a street, used for the temporary parking of more than four (4) automobiles and available for public use, whether free or for compensation or as an accommodation for clients or customers.

   PARKING SPACE: An area enclosed in the main building, in an accessory building, or unenclosed, sufficient in size to store one standard automobile, which has adequate access to a public street or alley and permitting satisfactory ingress and egress of an automobile.

   REAR YARD: An open space (unoccupied except for accessory buildings) on the same lot with a building, between the rear line of the building and the rear line of the lot, for the full width of the lot.

   SETBACK: The minimum horizontal distance between the street wall of the buildings and the front street line.

   SIDE YARD: An open unoccupied space on the same lot with a building between the building and the side line of the lot and extending from the front lot line to the rear yard.

   SIGNS, OUTDOOR ADVERTISING: Any card, cloth, paper, metal, painted glass, wooden, plaster, stone or other sign of any purposes on the ground or on any tree, wall, bush, rock, post, fence, building, structure, or thing whatsoever. The term "placed", as used in the definitions of "outdoor advertising sign" and "outdoor advertising structure" shall include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving, or other fastening, affixing or making visible in any manner whatsoever.

   STORY: That portion of a building included between any floor and the floor next above it, or if there is no floor above, then the space between such floor and the ceiling next above it.

   STREET LINE: The division line between a lot, tract, or parcel of land and a contiguous public street, including in such street, all property dedicated for street purposes or subject to public easements therefor, or proposed for future street right of way as designated in the major street plan.

   STREET WALL: That wall or part of a wall of a building or that part of the wall or supports of a porch or other structure, nearest to and most nearly parallel with the street, extending more than four feet six inches (4'6") above the finished grade.

   STRUCTURAL ALTERATIONS: Any change which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders.

   STRUCTURE: Anything constructed or erected which requires location on the ground or attached to something having location on the ground.

   TERRACE, OPEN: A level and rather narrow plain or platform which, for purposes of this title, is located adjacent to one or more faces of the main structure, and which is constructed not more than four feet (4') in height above the average level of the adjoining ground.

   TOURIST COURT: A group of attached buildings containing individual sleeping or living units, designed for or used temporarily by automobile tourists or transients, with garage attached or parking space conveniently located to each unit, including auto courts, motels, or motor lodges.

   TOURIST HOME: A dwelling in which overnight accommodations are provided or offered for transient guests.

   TRAILER: A vehicle without motive power, designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons or property, including a trailer coach, house trailer, mobile home, trailer home, or automobile house trailer and subject to the trailer or mobile home park provisions of this title.

   TRAILER, AUTOMOBILE: A vehicle without motive power, designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons or property, including a trailer coach or house trailer.

   TRAILER OR MOBILE HOME PARK: An area where one or more trailers can be or are intended to be parked, designed or intended to be used as living facilities for one or more families.

   USE, PRINCIPAL: A "principal use" is the main use of land or buildings as distinguished in a particular district, provided it conforms with all requirements and regulations of such district.

   WADING POOLS: Less than one foot (1') deep. There are no zoning requirements for wading pools.

   YARD: An open space on the same lot with a main building, unoccupied and unobstructed from the ground upward, except as otherwise provided in this title. (Ord., 5-13-1968; amd. Ord., 5-4-1981; Ord., 11-8-1982; 2015 Code)

   A.   In interpreting and applying the provisions of this title, all decisions shall be based upon the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare.

   B.   It is not intended by this title to interfere with or abrogate or annul any ordinance, rule, regulation or permit previously adopted or issued and not in conflict with any of the provisions of this title, or which shall be adopted or issued pursuant to any law relating to the use of buildings or premises. Nor is it intended by this title to interfere with or annul any easement, covenant or other agreement between parties. Provided, however, that where this title imposes a greater restriction upon the use of buildings or premises, or upon the height of buildings or required larger open spaces than are imposed or required by such ordinance, rule, regulation or permit, or by easement, covenant or agreement, the provisions of this title shall control.

   C.   Should any section or provision of this title be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this title as a whole or any part thereof, other than the part so declared to be invalid. (Ord., 5-13-1968)