The following rules of construction apply to the text of this
chapter:
A.
The particular shall control the general.
B.
In case of any difference of meaning or implication between the text
of this chapter and any caption or illustration, the text shall control.
C.
The word "shall" is always mandatory, whereas the word "may" is permissive.
D.
Words used in the present tense shall include the future; and words
used in the singular number shall include the plural, and the plural
the singular, unless the context clearly indicates the contrary.
E.
A "building" or "structure" includes any part thereof.
F.
The phrase "used for" includes "arranged for," "designed for," "intended
for," "maintained for" or "occupied for."
G.
The word "person" includes an individual, a corporation, a partnership,
an incorporated association, or any other similar entity.
H.
Unless the context clearly indicates the contrary, where a regulation
involves two or more items, conditions, provisions, or events connected
by the conjunction "and," "or," or "either . . . . or," the conjunction
shall be interpreted as follows:
(1)
"And" indicates that all the connected items, conditions, provision,
or events shall apply.
(2)
"Or" indicates that the connected items, conditions, provisions,
or events may apply singly or in any combination.
(3)
"Either . . . or" indicates that the connected items, conditions,
provisions or events shall apply singly but not in combination.
I.
All measured distances shall be to the nearest 1/10 of a foot.
J.
The masculine gender includes the feminine and neuter.
The following words, phrases and terms, wherever they occur
in this chapter, shall be interpreted as herein defined:
See Chapter 103, Adult Uses, adopted by the Village Board
on December 3, 2001.
The growing, harvesting, and storing of crops, including
legume, hay, grain, fruit and truck or vegetable crops, floriculture,
horticulture, mushroom growing, nurseries, orchards, forestry and
greenhouses; the keeping, raising and feeding of livestock or poultry,
including dairying, poultry, rabbit, swine, beef cattle, pony and
horse production, fur farms, and fish and wildlife farms; farm buildings
used for growing, harvesting, and preparing crop products for market,
or for use on the farm; roadside stands, farm buildings for storing
and protecting farm machinery and equipment from the elements, dwellings
occupied by farm owners, operators, tenants or seasonal or year-round
hired farm workers. It is intended that this definition include all
types of agricultural operations, but to exclude therefrom industrial
operations such as a grain elevator, canning or slaughterhouse, wherein
agricultural products produced primarily by others are stored and/or
processed. An activity, structure, or parcel of land shall be determined
to be an agricultural use if a majority of the total cash income of
the applicant is or shall be derived from pursuit of the occupations
enumerated herein, on the premises involved.
Any area of land 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 the wrecking or storing of such motor vehicles, or parts
thereof, not in running condition.
Any building or portion thereof or premises to which the
motoring public is invited for automotive refueling from underground
storage tanks through fixed equipment and for replenishment of automotive
supplies and where any of the following services to the motoring public
is permissive: replacement, adjustment or repair of lights, tires,
batteries, accessories and minor parts; and, when rendered wholly
within a building, brake adjustments, engine tuning, drainage and
replacement of crank and gear case lubricant, chassis lubrication,
washing and cleaning (but not automotive laundry); all rendered wholly
within lot lines.
A tract of land bounded by streets, or by a combination of
streets and public parks, cemeteries, railroad rights-of-way, bulkhead
lines or shorelines of waterways, or corporate boundary lines.
The specified portion of lot immediately in back of the front
yard setback.
Any structure which is built for the support, shelter, or
enclosure of persons, animals, chattels, or movable property of any
kind and which is permanently affixed to the land.
The area bounded by the exterior dimensions of the outer
walls at the ground line.
A building separated on all sides from the adjacent open
space or from other buildings or other structures by a permanent roof
and by exterior or party walls, pierced only by windows and normal
entrance or exit doors.
A building surrounded by open space on the same lot.
A subordinate building structure or a portion of a principal
building, the use of which is incidental and customary to that of
the principal building. Where an accessory use is located in a portion
of the principal building, such accessory building shall comply in
all respects with the requirements of this chapter applicable to the
principal building. Examples of accessory buildings include but are
not limited to garages, storage sheds, swimming pools, with a capacity
of two feet or greater, portable sheds, and satellite receiving dishes.
Solar energy systems are not considered to be accessory uses.[1]
Any building not designed to be permanently located in the
place where it is, or where it is intended to be placed or affixed.
The term used to indicate the size and setbacks of buildings
or structures and the location of same with respect to one another,
and including the following:
Size and height of buildings;
Location of exterior walls at all levels in relation to lot
lines, streets or to other buildings;
Gross floor area of building in relation to lot area (floor
area ratio);
All open space allocated to buildings;
Amount of lot area provided per dwelling unit.
A roofed accessory building or structure attached to the
principal building providing space for the parking of motor vehicles
and containing no more than two enclosing walls, screens, lattice,
or other material. A carport shall be considered a part of the principal
building and subject to all applicable bulk regulations for the district
in which it is located.
A nonprofit organization, of bona fide members, associated
for a common purpose, paying annual dues, organized for social, educational,
or recreational purposes.
A nonprofit association of persons who are bona fide dues-paying
members, which owns, hires, or leases a building or portion thereof,
the use of those premises being restricted to club authorized nonprofit
activities.
Uses herein listed for a given district which are deemed
appropriate within a given district or districts, but which might
have an unusual impact upon surrounding properties or the community,
or adversely affect the future development of a district or the community.
A multiple dwelling or development containing individually
owned dwelling units and jointly owned and shared areas and facilities.
The official appointed by the President of the Village of
Williamsville to administer this chapter and whose duties are outlined
in Article X of this chapter.
A building or portion thereof containing three or more dwelling
units.
A residential building containing one dwelling unit.
A residential building containing two dwelling units.
A group of rooms constituting all of part of a dwelling,
which is arranged, designed, used or intended for use exclusively
as living quarters for one family and not more than an aggregate of
two roomers, and which includes complete kitchen facilities permanently
installed.
One or more persons related by blood, marriage or adoption,
or a group of persons not so related, together with his or their domestic
servants or gratuitous guests, maintaining a common household in a
dwelling unit.[2]
For the purpose of determining requirements for off-street
parking and off-street loading, the floor area shall mean the sum
of the gross horizontal areas of the several floors of the building,
or portion thereof, devoted to such use, including accessory storage
areas located within selling or working space, such as counters, racks,
or closets, and any basement floor area devoted to retailing activities,
to the production or processing of goods, or to business or professional
offices.
For the purpose of determining floor area ratio, the floor
area of a building or buildings shall be the sum of the gross horizontal
areas of the several floors of such building or buildings measured
from the exterior faces of exterior walls or from the center line
of party walls separating two buildings.
The numerical value obtained through dividing the gross floor
area of a building or buildings by the total area of the lot or parcel
of land on which such building or buildings are located.
Height with reference to a building or structure is the vertical
distance measured in feet from the average grade to the highest point
of the roof adjacent to the street wall for flat roofs, to the deck
of mansard roofs and to the crown for gable, hip, gambrel or pent
roofs.
Any gainful occupation or profession engaged in by the occupant
of a dwelling at or from such dwelling. Permissible home occupation
further may permit the employment of one additional person in the
performance of such services. There shall be no exterior storage of
equipment or materials used in the home occupation. Permissible home
occupations include but are not limited to the following: day care;
art studio; dressmaking; professional offices of a clergyman, lawyer,
physician, dentist, architect, engineer, or accountant, when located
in a dwelling unit occupied by the same; and teaching, with musical,
dancing and other instruction limited to four pupils at a time. However,
home occupations shall not be construed to include uses such as the
following: clinic or hospital, public stable or dog kennel, or restaurant.
In addition, no home occupation shall be permitted which results in
noise and traffic so as to create a nuisance to surrounding property.
A building containing lodging rooms, a general kitchen and
dining room, a common entrance lobby, halls and stairway; where each
lodging room does not have a doorway opening directly to the outdoors,
except for emergencies; and where more than 50% of the lodging rooms
are for rent to transient guests, with or without meals, for a continuous
period of less than 30 days.
An open area of fenced-in enclosure where used or secondhand
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 auto
wrecking yard but does not include uses established entirely within
enclosed buildings.
A parcel of land, whether legally described or subdivided
as one or more lots or parts of lots, located within a single block;
and which is occupied or intended for occupancy by one principal building
or principal use, together with any accessory buildings and such open
spaces as are required by this chapter; and having its principal frontage
upon a street.
The area of a horizontal plane bounded by the vertical planes
through front, side, and rear lot lines.
A lot situated at the junction of and abutting on two or
more intersecting streets; or a lot at the point of deflection in
alignment of a single street, the interior angle of which is 135°
or less.
The mean horizontal distance between the front lot line and
the rear lot line of a lot measured within the lot boundaries.
Any lot that is neither a corner lot nor a through lot.
A property boundary line of any lot held in single or separate
ownership, except that where any portion of the lot extends into the
abutting street or alley, the lot line shall be deemed to be the street
or alley right-of-way line.
That boundary of a lot which is along an existing or dedicated
street. The owner of a corner lot may select either street lot line
as the front lot line.
That boundary of a lot which is most distant from and is,
or is approximately, parallel to the front lot line. If the rear lot
line is less than 10 feet in length or if the lot forms a point at
the rear, the rear lot line shall be deemed to be a line 10 feet in
length within the lot, parallel to and at the maximum distance from
the front lot line.
Any boundary of a lot which is not a front or rear lot line.
A corner lot, the side lot line of which is substantially
a continuation of the front lot line of the first lot to its rear.
A lot which has a pair of opposite lot lines along two, more
or less, parallel public streets, and which is not a corner lot. On
a through lot both street lines shall be deemed front lot lines.
The horizontal distance between the side lot lines of a lot
measured at the required setback line.
A dwelling unit designed as a portable structure which upon
fabrication may be transported on streets and highways, arriving at
the site where it is to be occupied as a dwelling complete and ready
for occupancy, except for minor and incidental unpacking and assembly
operations, location on jacks or permanent foundations, connection
to utilities and the like. A mobile home (manufactured after July
1, 1976) shall be identified by its federal mobile home seal, which
is a red metal seal attached to the rear left roadside portion of
the mobile home, stating that the unit has been inspected and is constructed
in conformance with the federal mobile home construction and safety
standards. Mobile homes manufactured prior to July 1, 1976, shall
be identified by a visual inspection. A mobile home shall not be considered
a conventional single-family home even if placed on a permanent foundation.
If the federal law is changed and a new method of identification of
a mobile home is established, the new method of identification shall
apply.
Any premises on which two or more mobile homes are parked
or any premises used or held out for the purpose of supplying to the
public a parking space for two or more mobile homes; does not include
sales lots on which automobiles or unoccupied mobile homes, new or
used, are parked for purposes of inspection or sale.
A dwelling unit designed as a portable structure which upon
fabrication may be transported on streets and highways, arriving at
the site where it is to be occupied as a dwelling complete and ready
for occupancy, except for minor and incidental unpacking and assembly
operations, location on jacks or permanent foundations, connection
to utilities and the like. A modular home shall be identified by its
Illinois modular seal, which is yellow and bears the outline of the
State of Illinois. The seal is affixed to the electrical panel box
in each modular home and states that the unit has been manufactured
in accordance with Illinois Codes and the Illinois Manufactured Housing
and Mobile Home Safety Act. If Illinois law is changed and a new method
of identification of a modular home is established, the new method
of identification of a modular home shall apply.
A building containing lodging rooms having adjoining individual
bathrooms, where each lodging room has a doorway opening directly
to the outdoors and where more than 50% of the lodging rooms are for
rent to transient tourists for a continuous period of less than 30
days.
A building or premises in which freight is received or dispatched
by motor vehicle.
A nonconforming building or other structure is any lawful
use of a building or other structure or a tract of land which does
not conform to the applicable use regulations for the district either
on the effective date of this chapter or as a result of a subsequent
amendment thereto.
refers to the Williamsville Planning Commission.
Any publicly owned open area, including but not limited to
the following: parks, playgrounds, forest preserves, beaches, waterways,
parkways and streets.
A private home for the care of children or the aged or infirm,
or a place of rest for those suffering bodily disorders. Such a home
does not contain equipment for surgical care or the treatment of disease
or injury, nor does it include maternity care or facilities for treatment
of mental illnesses or infirmities.[3]
A building, or portion thereof, containing lodging rooms
which accommodate three or more persons who are not members of the
keeper's family, and where lodging rooms or meals, or both, are
provided for compensation.
The minimum horizontal distance permitted between the front
line or side line of the building and nearest the street line, disregarding
steps and unroofed porches.
A name, identification, description, display or illustration
which is affixed to or painted or represented directly or indirectly
upon a building or other outdoor surface or piece of land and which
directs attention to an object, product, place, activity, person,
institution, organization or business. However, a sign shall not include
any display of official court or public office notices nor shall it
include a sign located completely within an enclosed building unless
the content shall be exposed to view from a street. Each display surface
of a sign shall be considered to be a sign.[4]
A sign which directs attention to a business, commodity,
service, or entertainment not necessarily sold upon the premises where
such sign is located or to which it is affixed. A double-face or V-type
sign erected on a single supporting structure where the interior angle
does not exceed 135° shall, for the purpose of computing square-foot
area, be considered and measured as a single-face sign.
A sign which directs attention to a business or profession
conducted or to a commodity, service, or entertainment sold or offered
upon the premises where such sign is located or to which it is affixed.
Any illuminated sign on which the artificial light is not
maintained stationary and/or constant in intensity and color at all
times when such sign is in use. For the purpose of this chapter, any
moving, illuminated sign shall be considered a flashing sign.
The entire area within a single continuous perimeter enclosing
the extreme limits of such sign and in no case passing through or
between any adjacent elements of same. However, such perimeter shall
not include any structural elements lying outside the limits of such
sign and not forming an integral part of the display.
Radiant energy received from the sun at wave lengths suitable
for heat transfer, photosynthetic use or photovoltaic use.
A complete assembly, structure, or design of a solar collector,
or a solar storage mechanism, which uses solar energy for generating
electricity or for heating or cooling gases, solids, liquids or other
materials.
That portion of a building included between the surface of
any floor and the surface of the floor next above, or if there is
no floor above, the space between the floor and the ceiling next above.
A basement shall be counted as a story for the purpose of this chapter
when more than 1/2 of such basement height is above the established
curb level.[5]
A right-of-way of a required width, which affords a primary
means of access to abutting property.
The dividing line between a lot and a contiguous street.
Any change, other than incidental repairs, in the supporting
members of a building or structure, such as bearing walls or partitions,
columns, beams or girders; or any substantial change in the roof or
exterior walls.
Anything constructed or erected on the ground or which is
attached to something located on the ground. A sign, billboard or
other advertising medium detached or projecting shall be construed
to be a structure.
A single-family attached dwelling consisting of two or more
units with each dwelling designed and erected as a unit, separated
from another by a common wall, and capable of being subdivided into
separate lots; side yard requirement: zero for adjoining townhouses.
The purpose or activity for which the land or the building
thereon is designed, arranged or intended, or for which it is occupied
or maintained.
A subordinate use which is clearly and customarily incidental
to the principal use of a building or premises and which is located
on the same lot as the principal building or use except for such accessory
parking facilities as are specifically authorized to be located elsewhere.
The Village Board of Trustees of Williamsville, Illinois.
A weigh station is a publicly or privately owned facility
designed to weigh motor vehicles, trucks carrying commodities that
operate on public highways. The purpose of weigh stations is to monitor
the weights of trucks operating on public highways to ensure trucks
are operating in accordance with the weight restrictions established
by the highway authorities. Weigh scales are used to determine the
amount of grain, aggregate or other materials delivered to or shipped
from a terminal.
An open space on a lot which is unoccupied and unobstructed
from its lowest level to the sky. A yard extends along a line and
at right angles to such lot line to a depth or width specified in
the yard regulations for the zoning district in which such lot is
located.
A yard extending along the full width of the front lot line
between side lot lines.
The portion of the yard on the same lot with the principal
building, located between the rear line of the building and the rear
lot line and extending for the full width of the lot.
A yard extending along a side lot line between the front
and rear yards.
A common lot line on which a wall of a structure may be constructed.
