As used in this title:

    "Accessory building or use" means a use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building. An accessory use includes, but is not limited to the following:

    1.    A children’ s playhouse, garden house, and private greenhouse;

    2.    A civil defense shelter serving not more than two families;

    3.    A garage, shed or building for domestic storage;

    4.    Incinerators incidental to residential use;

    5.    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;

    6.    A non-paying guest house or rooms for guests within an accessory building, provided such facilities are used for the occasional housing of guests of occupants of the principal building and not for permanent occupancy by others as housekeeping units;

    7.    Off-street motor vehicle parking areas and loading and unloading facilities;

    8.    Any satellite earth station, whether ground-mounted or mounted to the roof or a wall of the principal building.

    "Adult use entertainment establishment" means adult book stores, adult entertainment cabarets, adult motion picture theaters, adult novelty stores, and other similar uses as defined in Chapter 5.24 of this code.

    "Agriculture" means the use of land for agricultural purposes. This includes necessary buildings and structures which shall be used for agriculture, including, but not limited to, farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses for parking, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities. Buildings occupied as residences by those not engaged in agricultural operations shall not be considered to be used for agricultural purposes.

    "Airport" means any area of land or water which is used, or intended for use, for the landing and taking off of aircraft; and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon.

    "Alley" means a narrow service-way providing a secondary public means of access to abutting properties, and not more than twenty (20) feet wide.

    "Alterations," as applied to a building or structure, means a change or rearrangement in the structural parts or in the exit facilities or any enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another, or by change in use from that of one district classification to another.

    Alterations, Structural. "Structural alterations" means any change in the supporting members of a building such as bearing walls, columns, beams or girders.

    "Ancillary use" means a use which is subordinate or incidental to and on the same lot as the principal permitted use. For example, a cafeteria or restaurant in an office building would be an ancillary use to the principal (office) use. A newsstand or card shop in a hotel are other examples of ancillary uses.

    "Animal hospital" means any building or portions thereof, designated or used for the care, observation or treatment of domestic animals.

    "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, and which contains complete kitchen, bath, and toilet facilities, permanently installed.

    "Apartment house" means a building arranged, intended or designed to be occupied by three or more families living independently of each other.

    Area, Building. "Building area" means the total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.

    "Automobile" means a self-propelled passenger vehicle used for land transport, usually with four wheels and internal combustion engine.

    Automobile Repair, Major. "Major automobile repair" means engine rebuilding or major re-conditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; and overall painting of vehicles.

    Automobile Repair, Minor. "Minor automobile repair" means incidental repairs, replacement of parts and motor service to automobiles, but not including any operation specified under "Automobile Repair, Major."

    "Automobile wrecking yard" means any area of land where two or more motor vehicles, not in running condition, or parts thereof, are stored in the open and not being restored to operation; or any land, building or structure used for the wrecking or storing of such motor vehicles, or parts thereof, not in running condition.

    "Basement" means a story partly underground, but having at least one-half its height above the average level of the adjoining ground. A basement should be counted as a story for the purposes of height measurement, if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if used for business or dwelling purposes.

    "Billboard" or "signboard" means any structure or portion thereof, situated on private premises on which lettered, figured or pictorial matter is, or intended to be displayed for advertising purposes, other than the name and occupation of the user of, or the nature of the business conducted on such premises, or the products primarily sold or manufactured thereon. This definition shall not be held to include a real estate sign advertising for sale or rent the property upon which it stands.

    "Block" means that property abutting on one side of a street between the two nearest intersecting streets or other natural barriers.

    "Board" means the city council. When used in Chapter 17.08, "board" shall be construed to be the zoning board of appeals.

    "Boarding house" means a building or premises where meals are served regularly for compensation for five or more persons, but not exceeding twelve (12) persons. An establishment where meals are served regularly for compensation for more than twelve (12) persons shall be deemed a restaurant.

    "Boat" means a rather small, usually open craft.

    "Buffer area" means the area of planted material, trees and shrubbery, including any required fences, which is used to separate different land uses; buffer areas shall have the effect of creating a physical barrier between abutting, but different land uses. Specific buffer area requirements are given in subsequent sections of this title.

    "Building" means a structure having a roof supported by columns or walls for the shelter, support, enclosure or protection of persons, animals, chattels or property. When separated by party walls, each portion of such building shall be considered a separate structure.

    "Building area" means the maximum horizontal projected area of a building and its accessory buildings, excluding open steps, terraces and cornices projecting not more than thirty (30) inches.

    Building, Front Line of. "Front line of building" means the line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.

    "Building height" means the vertical distance measured from the average elevation of the proposed existing finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

    "Bus" means a long motor vehicle for carrying passengers.

    "Camp" means any one or more of the following, other than a hospital, place of detention, or school offering general instruction:

    1.    Type 1. Any area of land or water on which are located two or more cabins, tents, trailers, shelters, houseboats or other accommodations of a design or character suitable for seasonal or other more or less temporary living purposes, regardless of whether such structures or other accommodations actually are occupied seasonally or otherwise; or

    2.    Type 2. Any land, including any building thereon, used for any assembly of persons for what is commonly known as "day camp" purposes; and any of the foregoing establishments, whether or not conducted for profit and whether or not occupied by adults or by children, either as individuals, families or groups.

    "Camper" means:

    1.    A compact, van-like vehicle similar to an automobile and trailer combination, intended to function as a dwelling and used for camping or long motoring trips;

    2.    Also refers to a portable shelter resembling the top part of a trailer, made to be mounted on a pick-up truck.

    "Cellar" means a story having more than one-half of its height below grade.

    "Commercial, business or industrial vehicle" means any vehicle (Power unit and towed unit if a combination of the two (2) is involved) operated for the transportation of persons or property in furtherance of any commercial, business or industrial enterprise, For-Hire or Not-For-Hire, but not including a commuter van, a vehicle used in a ride sharing arrangement when being used for that purpose, or a recreational vehicle not being used commercially,

    "Commission" means the City Plan Commission.

    "Comprehensive plan" means the comprehensive long-range development plan, or any of its parts, serving as a guide for the development of the municipality prepared by the plan commission and adopted by the governing body of the jurisdiction, in accordance with the authority conferred by the Illinois Revised Statutes.

    "Commercial feeding facility" means a structure or enclosed area used for feeding cattle, hogs or other livestock in lots of one hundred (100) animals or more and not otherwise connected with a farming operation.

    "Commercial poultry facility" means a structure or enclosed area used for feeding and raising farm poultry in excess of five hundred (500) domestic fowl and not otherwise connected with a farming operation.

    "County" means the county of Monroe, Illinois.

    "Coverage" means that percentage of the plot or lot area covered by the building area.

    "Day care or day nursery" means a facility where children and/or adults are watched and supervised during the day time only (does not involve overnight care).

    "District" means a section of the county, city or village for which uniform regulations governing the use, height, area and intensity of use by buildings and land and open spaces about buildings are herein established.

    "Dormitory" means a building with many rooms providing sleeping and living accommodations for a number of usually unrelated persons; usually associated with an educational institution. Fraternity and sorority houses shall be classified as dormitories.

    "Drainageway" means a water course, gully, dry stream, creek or ditch which carries storm water runoff, which is subject to flooding or ponding, which is fed by street or building gutters or by storm water sewers, or which serves the purpose of draining water from the lands adjacent to such water course, gully, dry stream, creek or ditch.

    "Drive-in/drive thru restaurant" means a restaurant where food is ordered from and delivered to a customer remaining in a motor vehicle for consumption on or off the restaurant’ s premises. Drive-in restaurants shall include so called drive thru restaurants which provide window delivery service to motor vehicles on the restaurant’ s premises.

    "Dwelling" means a building designed or used exclusively as the living quarters for one or more families.

    Dwelling, One-Family. "One-family dwelling" means a detached building designed for or occupied exclusively by one family.

    Dwelling, Two-Family. "Two-family dwelling" means a building designed for or occupied exclusively by two families living independently of each other. May also be referred to as a "duplex."

    Dwelling, Multifamily. "Multifamily dwelling" means a dwelling or group of dwellings on one plot containing separate living units for three or more families, but which may have joint services or facilities, or both.

    Dwelling, Group. "Group dwelling" means a group of two or more one-family, two-family or multiple-dwellings, occupying a lot in one ownership and having any yard in common.

    Dwelling, Row. "Row dwelling" means a dwelling, the walls on two sides of which are in common with the walls of adjoining dwellings and are party or lot line walls.

    "Dwelling unit" means a building or portion thereof providing complete housekeeping facilities for one family.

    "Essential services" means the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electric, steam or water transmission or distribution systems; collection, communication, supply or disposal systems; elevated and underground water storage tanks, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm 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, or other governmental agencies, or for the public health or safety or general welfare, but not including buildings.

    "Family" means one or more persons who live together in one dwelling unit and maintain a common household; provided, that unless all members are related by blood or marriage, no such family shall contain over five persons; but further provided, that domestic servants and temporary gratuitous guests may be housed on the premises without being counted as a member of a family, or families.

    "Floor area" means the sum of the gross horizontal areas of the several floors of the building or buildings, measured from the exterior faces of exterior walls or from the center line of walls separating two buildings.

    A.    In particular, the floor area of a building or buildings shall include:

    1.    Basement space;

    2.    Elevator shafts and stairwells at each floor;

    3.    Floor space for mechanical equipment, with structural headroom of seven feet, six inches or more;

    4.    Penthouses;

    5.    Attic space, (whether or not a floor has actually been laid), providing structural headroom of seven feet, six inches or more;

    6.    Interior balconies and mezzanines;

    7.    Enclosed porches;

    8.    Accessory uses, not including space for accessory off-street parking;

    B.    However, the floor area of a building shall not include:

    1.    Cellar space, except that cellar space used for retailing shall be included for the purpose of calculating requirements for accessory off-street parking spaces and accessory off-street loading berths;

    2.    Elevator and stair bulkheads, accessory water tanks, and cooling towers;

    3.    Floor space used for mechanical equipment, with structural headroom of less than seven feet, six inches;

    4.    Attic space, whether or not a floor has actually been laid, providing structural headroom of less than seven feet, six inches;

    5.    Uncovered steps;

    6.    Terraces, breezeways and open spaces;

    7.    Accessory off-street parking spaces;

    8.    Accessory off-street loading berths up to two hundred (200) percent of the amount required by Chapter 17.44.

    "Floor area ratio" or "F.A.R." means the total floor area of the building or buildings on a zoned lot divided by the area of such zoned lot. For example, a ten thousand (10,000) square foot building on a one-acre lot (forty-three thousand five hundred sixty (43,560) square feet) would be expressed as a 0.23 F.A.R. (ten thousand (10,000) square feet divided by forty-three thousand five hundred (43,500) square feet).

    "Floodplain" means lands which are low-lying, difficult to drain, or subject to flooding.

    "Frontage" means all the property abutting on one side of a street or place between two intersecting streets or places, (crossing or terminating), or if the street or place is dead-ended, then all of the property abutting on one side between an intersecting street or place and the dead-end of the street or place.

    Garage, Private. "Private garage" means an accessory building, housing not to exceed four motor-driven vehicles, the property of and for the use of the occupants of the lot on which the private garage is located.

    Garage, Public. "Public garage" means any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.

    "Governing body" means the duly elected governing board of the governmental unit having specific jurisdiction; the city council or a village board, whichever has jurisdiction.

    "Home occupation" is defined in Chapter 17.46 of this zoning code.

    "Hospital," unless otherwise specified, means and includes sanitarium, sanatorium, preventorium, clinic, rest home, nursing home, convalescent home, or any other place for the diagnosis, treatment or other care of ailments, and shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments.

    "Hotel" means a building in which lodging is provided and offered to the public for compensation, and in which ingress and egress to and from rooms is made through an inside lobby or office supervised by a person in charge at all hours, and which is open to transient guests, in contradistinction to a boarding house or lodging house.

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

    "Kennel" means any structure or premises where three or more dogs over four months of age are kept.

    "Land use plan" means the comprehensive long-range plan for the desirable use of land in the city, as officially adopted and as amended from time to time by the governing body of the municipality; the purpose of such plan being, among other things, to serve as a guide to the zoning and progressive changes in the zoning of land to meet changing city needs, in the subdividing and use of undeveloped land, and in the acquisition of land for such public purposes as streets, parks, schools and other public buildings or public uses.

    "Laundromat" means a business that provides home-type washing, drying, and/or ironing machines and/or dry cleaning machines for hire, to be used by customers on the premises.

    "Loading space" means a space within the main building, or on the same lot therewith, providing for the standing, loading or unloading of trucks.

    "Lodging house" means a building or premises where lodging is provided for compensation for five or more persons, but not exceeding twelve (12) persons.

    "Lot" means a parcel, tract or area of land accessible by means of a street or place. It may be a single parcel separately described in a deed or plat which is recorded in the office of the county recorder, or it may include parts of or a combination of such parcels, when adjacent to one another and used as one.

    Lot, Corner. "Corner lot" means a lot at the junction of and having frontage on two or more intersecting streets.

    "Lot, coverage" means the percentage of the lot area covered by the building area.

    Lot, Depth of. "Depth of lot" means the mean horizontal distance between the front lot line and the rear lot line, measured in the general direction of the side lot lines.

    Lot, Interior. "Interior lot" means a lot other than a corner lot or through lot.

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

    "Lot of record" means a lot which is a part of a subdivision, addition or survey, a plat of which is recorded or a parcel of land described by metes and bounds consisting of five acres or less, the plat or description of such parcel of land having been recorded in the office of the county recorder of deeds, prior to the effective date of any new zoning ordinance.

    Lot, Through. "Through lot" means a lot having frontage on two parallel or approximately parallel streets and which is not a corner lot.

    "Lot, width" means the dimension of a lot, measured between side lot lines on the building line.

    Mobilehome Park. See "Trailer park."

    "Motorcycle" means a vehicle with two wheels in tandem, propelled by an internal combustion engine and sometimes having a side car with a third wheel.

    "Net site area" means that area of a lot or tract of land not occupied by right-of-way or easements.

    "Nonconforming use" means a building or use of land that does not conform to the regulations for the district in which it is situated.

    "Nursery school" means a school designed to provide day-time care or instruction for two or more children from two to five years of age, inclusive.

    "Nursing home" means a building intended for use as a medical care facility for persons who need nursing care and medical service, but do not require intensive hospital care.

    "Opaque fence" means a fence used for screening purposes which is solid and completely obscures vision from one side to the other. Masonry walls or solid wood fences are examples of opaque fences; chain link fencing or other translucent fencing types are not opaque fences.

    "Parking lot" means any place, lot, parcel or yard used in whole or in part for the storage or parking of two or more vehicles, where such use is not incidental to or in conjunction with a dwelling or other usage permissible in dwelling districts and located on the same tract.

    "Parking space" means an off-street space available for the parking of one motor vehicle, and having an area of not less than one hundred eighty (180) square feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto and having direct access to a street or alley.

    "Pick-up truck" means a light truck with an open body and low sides.

    "Place" means an open, unoccupied space, other than a street or alley, permanently reserved as the principal means of access to abutting property.

    "Private drive or private driveway" means any private way or access easement providing an ingress and egress to a lot across property not owned by the lot owner and which is located between the lot and the public street or other public way providing the public access to the lot.

    "Proprietary interest" means any person or persons with an ownership or property right interest in a lot or real estate.

    "Recreational vehicle" means a motor vehicle, as a camper or a mobile home, used for traveling and recreational activities.

    "Residential hotel" means a dwelling occupied by permanent guests only and not by transients. It may include restaurants, newsstands and other accessory services primarily for serving its occupants and only incidentally the public.

    "Restaurant" means business establishment whose principal business is the selling of unpackaged food to the customer in a ready-to-consume state, in individual servings, or in nondisposable containers, and where the customer consumes these foods while seated at tables or counters located within the building.

    Restaurant, Drive-in. "Drive-in restaurant" means a retail outlet where food or beverages are sold to a substantial extent for consumption by customers in parked motor vehicles.

    Restaurant, Fast Food. "Fast food restaurant" means any establishment whose principal business is the sale of foods, frozen desserts or beverages in ready-to-consume individual servings, for consumption either within the restaurant building or for carry-out, and where either: (1) foods, frozen desserts or beverages are usually served in paper, plastic or other disposable containers, and where customers are not served their food, frozen desserts or beverages by a restaurant employee at the same table or counter where the items are consumed; or (2) the establishment includes a drive-up or drive-through service facility or offers curb service.

    "Riding academy" means any establishment where horses are kept for riding, driving, stabling for compensation, or incidental to the operation of any club, association, ranch or similar establishment.

    "Satellite earth station" means any apparatus, external to or attached to the exterior of a building or structure, capable of receiving, for the benefit of the principal use, television or radio signals from a transmitter or transmitter relay located in planetary orbit. Such apparatus typically includes a parabolic dish, a low noise amplifier and a feedhorn.

    "Service station" means a building, buildings, premises or portions thereof which are used or arranged, designed, or intended to be used for the retail sale of gasoline or other motor vehicle or motorboat, or aircraft fuels.

    "Ship" means:

    1.    A vessel intended for marine transportation, without regard to form, rig, or means of propulsion;

    2.    A boat.

    "Sinkhole" means any natural depression formed as a result of subsurface removal of soil or rock materials and causing the formation of a collapse feature that exhibits internal drainage. The existence of a sinkhole shall be indicated by the uppermost closed depression contour lines, with hash-marks on the contour lines, on USGS 7 1/2 minute quadrangle topographic maps or as determined by field investigations.

    "Stable" means any building, structure or portion thereof which is used in whole or in part for the shelter or care of horses, cattle, or other similar animals, either permanently or transiently.

    "Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between any floor and the ceiling next above it.

    "Street" means a public or private way which affords the principal means of access to abutting properties.

    "Street grade" means the officially established grade of the street upon which a lot fronts. If there is no officially established grade, the existing grades of the street shall be taken as the street grade.

    "Structure" means anything constructed or erected, the use of which requires location on the ground, or attachment to something having location on the ground.

    "Trailer" or "mobilehome" means any vehicle, house car, camp car, or any portable or mobile vehicle on wheels, skids, rollers or blocks, either self-propelled or propelled by other means, which is designated to be used for living, sleeping or commercial purposes.

    "Trailer park" or "mobilehome park" means a tract of land or portions thereof divided into lots or parking berths platted and laid out to provide sites for mobilehomes permanently affixed to the site, including any building, structure or enclosure used or intended for use as part of the equipment or services of such park, including courts, developments, communities.

    "Truck" means a heavy automotive vehicle used for transporting loads.

    "Use" means the specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use," or its equivalent shall not be deemed to include any nonconforming use.

    "Van" means a covered or enclosed truck for transporting people, goods, or livestock.

    "Yard" means a space on the same lot with a principal building, open, unoccupied and unobstructed by structures, except as otherwise provided.

    Yard, Front. "Front yard" means a yard extending across the full width of the lot, unoccupied other than by steps, walks, terraces, driveways, lampposts and similar structures, the depth of which is the least distance between the front line and the building line.

    Yard, Rear. "Rear yard" means a yard extending across the full width of the lot between the rear of the principal building and the rear lot line unoccupied other than by accessory buildings, which do not occupy more than thirty (30) percent of the required space and steps, walks, terraces, driveways, lampposts and similar structures, the depth of which is the least distance between the rear lot line and the rear of such principal building.

    Yard, Side. "Side yard" means a yard between the principal building and the side lot line, extending from the front yard or from the front line where no front yard is required, to the rear yard. The width of the required side yard is measured horizontally, at ninety (90) degrees with the side lot line, from the nearest part of the principal building.

    "Zoning district maps (county)" means county townships maps entitled "Monroe County Zoning District Maps No. 1--14" for the townships within the county showing the boundaries of the county zoning districts for the entire area of the county outside the limits of the cities, villages and incorporated towns therein.

    "Zoning district maps (municipal)" means zoning district maps for each city, village and incorporated town within the county which has a municipal zoning ordinance in effect on the effective date of a zoning ordinance for the county and which zoning district map shows the boundaries of the zoning districts for the area inside the limits of each city, village and incorporated town within the county.

    "Zoning enforcement officer" means that officer or person designated by the governing body of the community and charged with the responsibility for the enforcement and administration of these standards. (Ord. 1872 § 1, 2000; Ord. 1717 § 1, 1999; Ord. 1690 § 3, 1998; Ord. 1514 § 1, 1996; Ord. 1506 § 2, 1996; Ord. 1317 § 1, 1995; Ord. 1158 § 2, 1993; Ord. 856 § 1, 1990; Ord. 699 § 1, 1988; Ord. 594 § 1, 1985; prior code § 40-2-3)