Definitions. The following words and terms, wherever they occur in
this code, shall be interpreted as herein defined:
ABANDONMENT
An action to give up one's rights or interests in property.
ACCESSORY BUILDING OR STRUCTURE
A 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 USE
A 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.
ALLEY
A public access way which affords only a secondary means
of access to abutting property and is not intended for general traffic
circulation.
ALTERATION
As 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, STRUCTURAL
A change in the supporting members of a building, such as
bearing walls, columns, beams or girders.
ANIMAL HOSPITAL
Any building or portion thereof designed or used for the
care, observation, or treatment of domestic animals.
APARTMENT
A 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 HOTEL
An 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 HOUSE
A 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 LOT
The total area within the property lines of a lot, excluding
public streets and alleys, meeting the district requirement of this
code.
ATTACHED BUILDING
A 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.
AUDITORIUM
A 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 AREA
An 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 AREA
A lot or part thereof used for the storage or parking of
motor vehicles, with or without the payment of rent or charges.
AUTOMOBILE WRECKING YARD
Any 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.
BASEMENT
A story having more than 1/2 its height below the average
level of the adjoining ground.
BLOCK
A 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.
BOARDINGHOUSE
A 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 AREA
The space remaining on a zoning lot after the minimum open
space requirements of this code have been complied with.
BUILDING HEIGHT
The 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 LINE
The 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, PRINCIPAL
A nonaccessory building in which is conducted the principal
use of the zoning lot on which it is located.
CLINIC
A 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.
CLUB
A 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 AUTHORITY
The Board of Trustees of the Village of Westville, Vermilion
County, Illinois.
DISTRICT
A 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.
DUMP
A 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.
DWELLING
Any 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, MULTIFAMILY
A 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-FAMILY
A detached principal building designed for or used as a dwelling
exclusively by one family as an independent housekeeping unit.
DWELLING, THREE-FAMILY
A detached principal building designed for or used as a dwelling
exclusively by three families, each living as an independent housekeeping
unit.
DWELLING, TWO-FAMILY
A detached principal building designed for or used as a dwelling
exclusively by two families, each living as an independent housekeeping
unit.
ENCLOSED BUILDING
A 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 SERVICES
The 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.
FAMILY
One 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 AREA
The 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 RATIO
The ratio of total floor area, in square feet, of all buildings
on a lot to total lot area, in square feet.
GARAGE, PARKING PUBLIC
A building or portion thereof used by the public for the
storage or parking of motor vehicles for compensation.
GARAGE, PRIVATE
A building or portion thereof for the storage of one or more
motor vehicles for persons living on the premises.
GASOLINE SERVICE STATION
A 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.
GRADE
The 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.
GUESTHOUSE
Living 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 OCCUPATION
A 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.
HOTEL
A 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.
JUNKYARD
An 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.
KENNEL
Any structure or lot on which four or more dogs and/or cats
over four months of age are kept.
LAND USE PLAN
The 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 RESTRICTIVE
For 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 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 OR ROOMING HOUSE
A 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.
LOT
A 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 COVERAGE
The area of a zoning lot occupied by the principal building
or buildings and accessory buildings.
LOT DEPTH
The mean horizontal distance between the front and the rear
lot lines measured in the general direction of the side lot lines.
LOT LINE, FRONT
The 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, REAR
The lot line or lot lines most nearly parallel to and most
remote from the front lot line.
LOT LINE, SIDE
Any 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 RECORD
A 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 WIDTH
The mean horizontal width of the lot measured at right angles
to its depth.
LOT, CORNER
A 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, INTERIOR
A lot whose side lines do not abut upon any street.
LOT, THROUGH
A 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, DEPENDENT
A mobile home, or travel trailer, which does not have a flush
toilet or a bathtub or shower.
MOTEL or MOTOR HOTEL
A 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 BUILDING
A building or structure or portion thereof conflicting with
the provisions of this code applicable to the district in which it
is situated.
NONCONFORMING USE
A 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 MAP
The 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, PRIVATE
An 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, PUBLIC
An 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, AUTOMOBILE
Space 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 PROJECT
A 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.
PREMISES
A lot together with all the buildings and uses thereon.
PRINCIPAL USE
The main use of land or buildings, as distinguished from
a subordinate or accessory use.
PROFESSIONAL OFFICE
An 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 SPACE
Any publicly owned open area, including, but not limited
to, the following: parks, playgrounds, forest preserves, beaches,
waterways, parkways and streets.
PUBLIC SEWER AND WATER FACILITIES
Those 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.
ROOM
An unsubdivided portion of the interior of a dwelling unit,
excluding bathrooms, kitchens, closets, hallways and service porches
and the like.
SERVICE OFFICE
An 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.
SETBACK
The distance in linear feet measured on a horizontal plane
from the lot line to a building or structure on the lot.
SIGN
Any 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 BOARD
A 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, CONSTRUCTION
A 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.
STORY
That 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.
STRUCTURE
Anything 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.
YARD
An open space not occupied or obstructed by any structure,
except fences as regulated herein and as otherwise expressly provided
herein.
YARD, FRONT
A 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, REAR
A 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 CERTIFICATE
A 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 INSPECTOR
The Zoning Inspector of the Village or his authorized representative.
ZONING MAP
The Zoning Map or maps of the Village, together with all
amendments subsequently adopted.