Definitions. The following words and terms, wherever they occur in this code, shall be interpreted as herein defined:
ABANDONMENTAn action to give up one's rights or interests in property.
ACCESSORY BUILDING OR STRUCTUREA detached subordinate building or structure, the use of which is customarily incidental to that of the main use of the land and which is located on the same lot with the main building or use.
ACCESSORY USEA use which is incidental and subordinate to the principal use of the premises, and does not change the basic character thereof, as determined by its principal use.
ALLEYA public access way which affords only a secondary means of access to abutting property and is not intended for general traffic circulation.
ALTERATIONAs applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
ALTERATION, STRUCTURALA change in the supporting members of a building, such as bearing walls, columns, beams or girders.
ANIMAL HOSPITALAny building or portion thereof designed or used for the care, observation, or treatment of domestic animals.
APARTMENTA suite of rooms or a room in a building arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.
APARTMENT HOTELAn apartment house which furnishes for the use of its tenants services ordinarily furnished by hotels, but the privileges of which are not primarily available to the public.
APARTMENT HOUSEA multifamily dwelling used or occupied by four or more families living independently of each other in dwelling units, such dwelling units normally being rented or used other than by the day, by the same occupant for a continuous period ordinarily of six months or more.
AREA OF ZONING LOTThe total area within the property lines of a lot, excluding public streets and alleys, meeting the district requirement of this code.
ATTACHED BUILDINGA building attached to another building by a common wall (such wall being a solid wall, with or without windows and doors) and a common roof with a least horizontal dimension of six feet.
AUDITORIUMA room, hall or building made a part of a church, theater, school, recreation building or other building assigned to the gathering of people as an audience, to hear lectures, plays and other presentations.
AUTOMOBILE AND TRAILER SALES AREAAn open area, other than a street, used for the display or sale of new or used automobiles or trailers, and where no repair work is done except for minor incidental repair of automobiles or trailers to be displayed and sold on the premises.
AUTOMOBILE PARKING AREAA lot or part thereof used for the storage or parking of motor vehicles, with or without the payment of rent or charges.
AUTOMOBILE WRECKING YARDAny place where two or more motor vehicles, not in running condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof, and including any used farm vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging of any other goods, articles or merchandise.
BASEMENTA story having more than 1/2 its height below the average level of the adjoining ground.
BLOCKA tract of land bounded by streets, or, in lieu of a street or streets, by public parks, cemeteries, railroad rights-of-way, bulkhead lines or shorelines of waterways, or corporate boundary lines of municipalities.
BOARDINGHOUSEA building other than a hotel where, for compensation and by arrangement, meals and lodging are provided for three or more persons.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
BUILDABLE AREAThe space remaining on a zoning lot after the minimum open space requirements of this code have been complied with.
BUILDING HEIGHTThe vertical distance measured from the average elevation of the proposed finished grade at the front wall of the building to the highest point of the coping of a flat roof or to the deckline of mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
BUILDING LINEThe line nearest the front of and across a zoning lot, establishing the minimum open space to be provided between the front line of a building or structure and the street right-of-way line.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
BUILDING, PRINCIPALA nonaccessory building in which is conducted the principal use of the zoning lot on which it is located.
CLINICA place used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons, but who are not provided with board or room nor kept overnight on the premises.
CLUBA nonprofit association of persons who are bona fide members organized for some purposes and paying regular dues; not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
CORPORATE AUTHORITYThe Board of Trustees of the Village of Westville, Vermilion County, Illinois.
DISTRICTA portion of the territory of the Village within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this code.
DUMPA lot or land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning, except as otherwise permitted, or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.
DWELLINGAny building or portion thereof designed or used exclusively as living quarters for one or more families, other than hotels, motels, tourist homes, clubs, hospitals, or similar uses.
DWELLING, MULTIFAMILYA building or portion thereof designed or altered for occupancy by four or more families living independently of each other.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
DWELLING, ONE-FAMILYA detached principal building designed for or used as a dwelling exclusively by one family as an independent housekeeping unit.
DWELLING, THREE-FAMILYA detached principal building designed for or used as a dwelling exclusively by three families, each living as an independent housekeeping unit.
DWELLING, TWO-FAMILYA detached principal building designed for or used as a dwelling exclusively by two families, each living as an independent housekeeping unit.
ENCLOSED BUILDINGA building separated on all sides from adjacent open space or other buildings by fixed exterior walls or party walls, with openings only for windows and doors, and covered by a permanent roof.
ESSENTIAL GOVERNMENTAL OR PUBLIC UTILITY SERVICESThe erection, construction, alteration, or maintenance by public utilities or municipal departments of underground or overhead gas, electrical, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions or for the public health or safety or general welfare, but not including buildings.
FAMILYOne person or two or more persons, related by blood, foster relationship, marriage or adoption, and, in addition, any domestic servants or gratuitous guests thereof; or one or more persons who need not be so related, and, in addition, domestic servants or gratuitous guests thereof, who are living together in a single, nonprofit dwelling unit and maintaining a common household with single cooking facilities. A roomer, boarder or lodger shall not be considered a member of the family.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
FLOOR AREAThe area included within outside walls of a building or portion thereof, including habitable penthouses and attic space, but not including vent shafts, courts or uninhabitable areas below ground level or in attics.
FLOOR AREA RATIOThe ratio of total floor area, in square feet, of all buildings on a lot to total lot area, in square feet.
GARAGE, PARKING PUBLICA building or portion thereof used by the public for the storage or parking of motor vehicles for compensation.
GARAGE, PRIVATEA building or portion thereof for the storage of one or more motor vehicles for persons living on the premises.
GASOLINE SERVICE STATIONA building or premises or portion thereof used for the retail sale of gasoline, oil or other fuel for motor vehicles and which may include, as an incidental use only, facilities used for polishing, greasing, washing or otherwise cleaning or light servicing of motor vehicles, but not including liquefied petroleum gas distribution facilities.
GRADEThe average of the finished ground level at the midpoint of each wall of a building. In case walls are parallel to and within five feet of a public sidewalk, said ground level shall be measured at the sidewalk.
GUESTHOUSELiving quarters within a detached accessory building located on the same premises 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 OCCUPATIONA use conducted entirely within a dwelling and carried on by the inhabitants thereof, and no others, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the residential character thereof.
HOTELA building designed or used for occupancy normally as the temporary lodging place of individuals, having at least six guest rooms; where a general kitchen and dining room may be provided but where there are no cooking facilities in any guest room.
JUNKYARDAn open area where scrap metal, paper, rags, or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including auto and building salvage yards, but excluding similar uses taking place entirely within a completely enclosed building.
KENNELAny structure or lot on which four or more dogs and/or cats over four months of age are kept.
LAND USE PLANThe long-range plan for the desirable use of land within the Village as officially adopted and as amended from time to time.
LAUNDRIES(1) LAUNDROMATA business that provides home-type washing, drying and ironing machines for hire to be used by the customers on the premises.
LEAST RESTRICTIVEFor the purpose of this code, the designation of the most or the least restrictive district shall be of the following order, with the least restrictive district being first in order: B-2, B-1, SR-2, and SR-1.
LOADING SPACEAn 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 OR ROOMING HOUSEA building with more than three guest spaces where lodging is provided for compensation pursuant to previous arrangement, but not open on a daily, overnight, or per-meal basis to transient guests.
LOTA portion or parcel of land (whether a portion of a platted subdivision or otherwise) occupied or intended to be occupied by a building or use and its accessories, together with such yards as are required under the provisions of this code, having not less than the minimum area, width and depth required by this code for a lot in the district in which such land is situated, and having its principal frontage on a street or on such other means of access as permitted in accordance with the provisions of this code. The minimum area of a lot, as defined herein, must be an integral unit of land under unified ownership in fee or in co-tenancy, or under legal control tantamount to such ownership, which ownership or control must continue for the existence of the building or buildings permitted to be situated on the lot.
LOT COVERAGEThe area of a zoning lot occupied by the principal building or buildings and accessory buildings.
LOT DEPTHThe mean horizontal distance between the front and the rear lot lines measured in the general direction of the side lot lines.
LOT LINE, FRONTThe line separating the lot from the street. On a corner lot, the front lot line shall be the street lot line having the least dimension.
LOT LINE, REARThe lot line or lot lines most nearly parallel to and most remote from the front lot line.
LOT LINE, SIDEAny lot line other than front or rear lot line. A side lot line separating a lot from a street is called a "side street lot line." A side lot line separating a lot from another lot or lots is called an "interior side lot line."
LOT OF RECORDA lot which is a part of a subdivision, the plat of which has been recorded in the office of the County Recorder of Vermilion County, Illinois.
LOT WIDTHThe mean horizontal width of the lot measured at right angles to its depth.
LOT, CORNERA lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135°. The point of intersection of the street lines is the "corner."
LOT, THROUGHA lot having frontage on two parallel or approximately parallel streets.
MOBILE HOME(1) An automobile trailer, trailer coach, house trailer, trailer, vehicle, or structure:
(a) Designed and constructed in such a manner as will permit occupancy thereof as sleeping quarters for one or more persons, or the conduct of any business or profession (including use as a selling or advertising device); and
(b) So designed that it is or may be mounted on wheels and used as a conveyance on highways or streets, propelled or drawn by its own or other motive power, except a device used exclusively upon stationary rails or tracks.
(2) Mobile homes shall include single-family dwellings designed for conveyance after fabrication on streets or highways, whether mounted on its own wheels or otherwise.
MOBILE HOME, DEPENDENTA mobile home, or travel trailer, which does not have a flush toilet or a bathtub or shower.
MOTEL or MOTOR HOTELA series of attached, semi-attached or detached sleeping or living units for the accommodation of transient guests and not customarily including individual cooking or kitchen facilities, said units having convenient access to off-street parking spaces for the exclusive use of the guests or occupants.
NOISOME OR INJURIOUS SUBSTANCES, CONDITIONS AND OPERATIONS(1) Creation of unreasonable physical hazard, by fire, explosion, radiation or other cause, to persons or property at or beyond the property line of the premises in question.
(2) Discharge of any liquid or solid waste into any stream or body of water or into any public or private disposal system or into the ground, so as to contaminate any water supply, including an underground water supply.
(3) Maintenance or storage of any material, either indoors or outdoors, so as to cause or to facilitate the breeding of vermin.
(4) Emission of smoke, measured at the point of emission, of a denser shade than that specified for the district or which otherwise constitutes an unreasonable hazard to the health, safety or welfare of any persons.
(5) Fly ash or dust which can cause damage to the health of persons, animals, or plant life or to other forms of property, or excessive soil, measured at or beyond the property line of the premises in question.
(6) Creation or causation of any unreasonably offensive odors at or beyond any property line of the premises in question.
(7) Creation or maintenance of any unreasonable reflection or direct glare by any process, lighting or reflection material at or beyond any property line of the premises in question.
(8) Creation or maintenance of any unreasonably distracting or objectionable vibration and/or electrical disturbances at or beyond any property line of the premises in question.
NONCONFORMING BUILDINGA building or structure or portion thereof conflicting with the provisions of this code applicable to the district in which it is situated.
NONCONFORMING USEA use of a building or land legally existing at the time of adoption of this code, or any amendment thereto, which does not conform with the use regulations of the district in which located.
OFFICIAL MAPThe portion of the master plan adopted by ordinance which designates land necessary for public facilities or uses, including streets, alleys, public ways, parks, playgrounds, school sites and other public grounds and ways for public service facilities within the whole area, including within the official Comprehensive Plan of one or more separate geographical or functional parts, and including all or any part of the contiguous, unincorporated area under the planning jurisdiction of the Village.
PARKING AREA, PRIVATEAn open, crushed-stone-covered area, other than a street or public way, designed, arranged, and made available for the storage of private passenger automobiles only of occupants of the building or buildings for which the parking area is developed and to which it is accessory.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
PARKING AREA, PUBLICAn open, hard-surfaced area, other than a street or public way, used for the parking of automobiles or other motor vehicles and available to the public, whether for a fee or as an accommodation for clients or customers.
PARKING SPACE, AUTOMOBILESpace within a public or private parking area of not less than 180 square feet (nine feet by 20 feet), exclusive of access drives, or aisles, ramps, columns, or office and work areas, for the storage of one passenger automobile or commercial vehicle under 1 1/2 tons' capacity.
PLANNED DEVELOPMENT PROJECTA residential or commercial development on a parcel of land in single ownership and consisting of two or more buildings having any yard, court, parking or loading space in common.
PREMISESA lot together with all the buildings and uses thereon.
PRINCIPAL USEThe main use of land or buildings, as distinguished from a subordinate or accessory use.
PROFESSIONAL OFFICEAn office (other than a service office and other than an office for care and/or treatment of, or medical attention to, animals as distinguished from persons) for the practice of professions, such as the offices of physicians, dentists, attorneys-at-law, architects, engineers, artists, musicians, teachers, accountants and others who through training are qualified to perform services of a professional nature, or the offices of a governmental agency; and where there is no storage, sale or display of merchandise on the premises.
PUBLIC OPEN SPACEAny publicly owned open area, including, but not limited to, the following: parks, playgrounds, forest preserves, beaches, waterways, parkways and streets.
PUBLIC SEWER AND WATER FACILITIESThose water and/or sewer facilities of a municipality and/or of a sanitary sewer district which comply with applicable public health standards.
RETAIL (OR RETAILING)A business enterprise consisting primarily of the making of sales and/or rendering of services directly to ultimate consumers, where each sale or service transaction is in relatively small quantity or volume, as distinguished from a wholesale business or from a business where sales are made or services are rendered either in substantial volume to an individual customer and/or for resale to or reuse by ultimate consumers.
ROOMAn unsubdivided portion of the interior of a dwelling unit, excluding bathrooms, kitchens, closets, hallways and service porches and the like.
SERVICE OFFICEAn office in which are offered services by real estate agents, insurance agents, public stenographers, brokers, or others who through training are duly qualified to perform services of an executive nature (as distinguished from a professional office) and where there is no storage, sale or display of merchandise on the premises.
SETBACKThe distance in linear feet measured on a horizontal plane from the lot line to a building or structure on the lot.
SIGNAny inscription written, printed, painted, or otherwise placed on a board, plate, banner or upon any material, object or device whatsoever, which by reason of its form, color, wording or otherwise attracts or is designed to attract attention to the subject thereof or is used as a means of identification, advertisement, or announcement. As used in this code, the term shall apply only to signs which attract attention to the sign from outside of a building or structure.
SIGN, BULLETIN BOARDA sign used for purposes of notification of the public of an event or other occurrence of public interest, such as a church service, political rally, civic meeting or similar event.
SIGN, CONSTRUCTIONA sign advertising the development or improvement of a property by a builder, contractor or other person furnishing services, materials, or labor to said premises, which sign is intended for a limited period of display, and is erected on the same lot with the work being done.
STORYThat portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
STRUCTUREAnything constructed or erected with a fixed location on the ground, but not including single poles unattached to any other pole or structures having a fixed location on the ground, lines, cables or other transmission or distribution facilities of public utilities. All structures shall be subject to the provisions of §
360-48 of this code.
YARDAn open space not occupied or obstructed by any structure, except fences as regulated herein and as otherwise expressly provided herein.
YARD, FRONTA yard extending across the full width of the lot between the front lot line and the nearest line or point of the principal building.
YARD, REARA yard extending across the full width of the lot between the rear lot line and the nearest line or point of the principal building.
ZONING CERTIFICATEA document issued by the Zoning Inspector authorizing buildings, structures or uses consistent with the terms of this code and for the purpose of carrying out and enforcing its provision.
ZONING INSPECTORThe Zoning Inspector of the Village or his authorized representative.
ZONING MAPThe Zoning Map or maps of the Village, together with all amendments subsequently adopted.