City of Le Roy, IL Title; Purpose; Definitions

[1975 Code § 21.04; amended by Ord. 223, 11-5-1984; Ord. 295, 4-6-1987; Ord. 447, 7-6-1992; Ord. 576, 1-16-1995; Ord. 578, 1-16-1995; Ord. 667, 5-20-1996; Ord. 825, 12-7-1998; 2003 Code; Ord. 07-04-02-51, 4-30-2007; Ord. 12-03-01-51, 3-19-2012; Ord. 14-11-02-51, 11-17-2014; Ord. 18-02-02-52, 2-19-2018]

The following rules shall apply to the text of this title:

The particular shall control the general.

In case of any difference of meaning or implication between the text of this title and any caption or illustration, the text shall control.

The word "shall" is always mandatory, whereas the word "may" is permissive.

Words used in the present tense shall include the future; and words used in the singular shall include the plural, and the plural, the singular, unless the context clearly indicates the contrary.

A "building" or "structure" includes all parts thereof.

The phrase "used for" includes "arranged for", "designed for", "maintained for", and/or "occupied for".

The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

The conjunction "and" indicates that all the connected items, conditions, provisions, or events shall apply; "or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination. "Either . . . or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

All measured distances shall be to the nearest integral foot; if a fraction is one-half foot or more, the integral foot next above shall be taken. If a fraction is less than one-half foot, the integral foot next lower shall be taken.

The masculine gender includes the feminine and neuter.

The following words, phrases and terms, wherever they occur in this title, shall be interpreted as herein defined:

ACCESSORY USE OR STRUCTURE

A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. An "accessory structure" shall not have floor space greater than 950 square feet.

AGRICULTURAL USES

Land, including necessary buildings and structures, which shall be used for agriculture including, but not limited to, farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture and animal and poultry husbandry, as well as the necessary accessory uses; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.

ALLEY

A public way which affords only secondary means of access to abutting properties.

APIARY

A place where honey bee colonies are kept.

[Added 2-20-2023 by Ord. No. 23-02-04-51]

AUTOMOTIVE SERVICE STATIONS

Any building or portion thereof on premises to which the motoring public is invited for automotive refueling 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 adjustment, engine tuning, drainage and replacement of crank and gear case lubricants, chassis lubrication, washing and cleaning (but not automotive laundry); all rendered wholly within lot lines.

AUTOMOTIVE WRECKING YARD

Any area of land where one 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.

BASEMENT

That portion of a building between floor and ceiling which is partly below and partly above grade.

BED AND BREAKFAST

A building or portion thereof, other than a hotel, occupied by a resident family or resident occupants, and others who are not members of the resident family, who pay compensation for lodging and meals.

BLOCK

A tract of land bounded by streets or by a combination of one or more streets and public parks, cemeteries, railroad rights of way, corporation boundary lines, or other lines of demarcation.

BUILDING

Any structure which is built for the support, shelter, or enclosure of persons, animals, or movable property of any kind which is more or less permanently affixed to the land. Mobile homes and other items assessed as personal property shall not be construed as a building or structure.

BUILDING AREA

The area bounded by the exterior dimensions of the outer walls at the ground line.

BUILDING AREA

The portion of a lot remaining after the setback requirements (front, rear and side) have been fulfilled.

BUILDING, COMPLETELY ENCLOSED

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, openings to the exterior being only by windows and normal entrance or exit doors.

BUILDING, TEMPORARY

Any building not designed to be permanently located in the place where it is, or where it is intended to be placed or affixed.

BULK

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 buildings in relation to lot area (floor area ratio).

All open space allocated to buildings.

Amount of lot area provided per dwelling unit.

BUSINESS ESTABLISHMENT

Any enterprise carried on with the reasonable expectation of realizing a profit, such enterprise being of a type normally requiring a fixed location for a business office or other establishment. Examples are: retail stores and professional offices or spaces (doctors, dentists, lawyers, insurance sales, real estate sales, undertaking establishments).

CHICKEN TRACTOR

A lightweight, portable chicken coop without a solid floor that allows the chickens to forage for weeds and insects.

[Added 2-20-2023 by Ord. No. 23-02-03-51]

CITY COUNCIL

The City Council of the City of Le Roy, Illinois.

CLUB OR LODGE, PRIVATE

A building or portion thereof, or premises owned and/or operated by a corporation, association, person or persons for a social, educational, or recreational purpose, but not primarily for profit nor to render a service which is customarily carried on as a business.

CODE COMPLIANCE OFFICER

An official or officials approved by the City Council to administer and enforce this title.

COLONY

A hive and its equipment and appurtenances, including honey bees, honeycomb, honey pollen, and brood.

[Added 2-20-2023 by Ord. No. 23-02-04-51]

CURB LEVEL

The level of the established curb in front of a building or structure measured at the center of such front. Where no curb level has been established, it shall be deemed to be the established level of the center line of the street surface in front of a building or structure measured at the center line of such front.

DISTRICT, ZONING

Any portion of the City for which the zoning regulations govern the use of buildings and premises, the height of buildings, and the size of yards. The intensity of uses are uniform within each district.

DRIVE IN ESTABLISHMENT

A business or institution where a principal use is the offering or sale of goods or services to be carried out to, or to be served to, customers waiting in parked motor vehicles, or a prepared food or beverage carry out service. Such establishment may also have facilities for offering or selling goods or services to customers for use or consumption within the building or buildings on the premises.

DWELLING

A building or portion thereof which is designed for or used for residential purposes.

DWELLING UNIT

A room or group of rooms constituting all or part of a dwelling, which are arranged, designed, used or intended for use exclusively as living quarters for one family and not more than an aggregate of two roomers not so related, and which includes complete kitchen and bathing facilities permanently installed.

DWELLING, MULTIPLE-FAMILY (APARTMENT)

A building or portion thereof containing three or more dwelling units. The number of families in residence shall not exceed the number of dwelling units provided.

DWELLING, SINGLE-FAMILY

A detached residential dwelling unit, other than a mobile home, designed for and occupied by one family only.

DWELLING, TWO-FAMILY (DUPLEX)

A residential building containing two dwelling units.

FAMILY

One or more persons related by blood, marriage or legal adoption, or a group of not more than three persons not so related, occupying a dwelling and living as a single housekeeping unit, and doing their own cooking on the premises.

FLOOR AREA, GROSS

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.

FRONTAGE

All the property abutting or adjoining any street or highway right-of-way.

GARAGE, PRIVATE

An accessory building or portion thereof designed or used for the storage of motor driven vehicles owned and used by the occupants of the building to which it is accessory.

GARAGE, PUBLIC

A building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, or storing motor driven vehicles, with or without compensation.

GROUP HOME

A dwelling to provide a socially dependent family environment for developmentally or mentally disabled patients as specified in the 1988 Fair Housing Act amendment to the 1968 Civil Rights Act. For purposes of this chapter, the definition shall not include half-way houses, uses for the recovering chemically-dependent, prison work-release programs, or any use that does not house solely the developmentally disabled.

GROUP HOME LARGE

A group home of seven to 12 residents, including live-in staff.

GROUP HOME SMALL

A group home of four or fewer residents, plus two live-in staff members.

HEIGHT, BUILDING

"Building height" is the vertical distance measured from finish grade to the highest point of the roof.

HEN HOUSE

A "hen house" or "chicken coop" is a structure where female chickens (hens) are kept. Hen houses are accessory structures under this Code and subject to all applicable regulations concerning accessory structures.

[Added 2-20-2023 by Ord. No. 23-02-03-51]

HIVE

A structure intended for the housing of a honey bee colony.

[Added 2-20-2023 by Ord. No. 23-02-04-51]

HOME OCCUPATION

Any occupation or activity incidental to residential use, when carried on in the principal structure by one member of the immediate family residing on the premises.

HONEY BEE

Any life stage of the common domestic honey bee, species Apis mellifera.

[Added 2-20-2023 by Ord. No. 23-02-04-51]

HOTEL (MOTEL)

A building containing lodging rooms for rent to transient guests.

JUNKYARD OR SALVAGE YARD [1]

A fenced in, open area, 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 auto wrecking yard, but does not include uses established entirely within enclosed buildings.

KENNEL

Any lot or premises on which are kept four or more dogs more than six months of age excluding, however, a veterinarian hospital licensed by the State of Illinois and an animal control facility operated by a governmental entity.

LAUNDROMAT

An establishment providing home type washing, drying, or ironing machines for hire to be used by customers on the premises.

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.

LOT

A measured parcel of land having fixed boundaries and designated on a plot or survey.

LOT AREA

The computed area contained within the lot lines.

LOT DEPTH

The mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.

LOT LINE

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.

LOT LINE, FRONT

That boundary of a lot which is along an existing or dedicated street.

LOT LINE, REAR

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.

LOT LINE, SIDE

Any boundary of a lot which is not a front or rear lot line.

LOT OF RECORD

A lot which is part of a subdivision, the plat of which has been recorded in the office of the recorder of deeds of McLean County; or a parcel of land, the deed of which was recorded in the office of the recorder of deeds of McLean County prior to the adoption of this title.

LOT WIDTH

The mean horizontal distance between the side lot lines of a lot measured within the lot boundaries.

LOT, CORNER

A lot situated at the junction of two or more streets. For the purpose of determining yard requirements on corner lots, all sides of a lot adjacent to streets shall be considered as having front yards.

LOT, INTERIOR

Any lot other than a "corner lot" or a "through lot".

LOT, THROUGH (DOUBLE FRONTAGE LOT)

A lot having a pair of lot lines along two public streets which are more or less parallel, and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines.

MANUFACTURED HOME

A dwelling unit capable of being transported in components to its permanent construction site, placed on a permanent foundation on a lot of its own, and having axles and other temporary parts of a frame or other structure utilized in the transportation of the component to the permanent construction site. Said components, as well as the dwelling unit when the components are joined together to form the same, must have the approval of the department of housing and urban development as complying with the federal manufactured home construction and safety standards. Said structure and the components forming it must also meet applicable building codes.

MOBILE HOME

A movable or portable structure containing toilet and bath or toilet and shower facilities, and designed to permit year round occupancy as a dwelling place. It shall be constructed so that it may be towed on its own chassis and connected to utilities without placement on a permanent foundation. It shall be capable of having plumbing and electrical connections for attachment to outside systems, and designed to be transported, after fabrication, on its own wheels or on flatbed trailers, and to be ready for occupancy at the building site except for minor and incidental unpacking, assembly, and connection operations. It may consist of one or more units that can be folded, collapsed or telescoped when towed and expanded later for additional cubic capacity. Two or more units may be separately towable, but designed to be joined into one integral unit. The units shall be capable of being again easily separated into components for repeated towing.

MOBILE HOME LOT

Land for the placement of a single mobile home and the exclusive use of its occupants.

MOBILE HOME PARK

Land which has been developed for the placement of mobile homes.

MOTEL (HOTEL)

See definition of Hotel (Motel).

MOTOR FREIGHT TERMINAL

A building or premises in which freight is received or dispatched by motor vehicle.

NAMEPLATE

A sign indicating the name and address of a building, or the name of an occupant thereof and/or the practice of a permitted occupation therein.

NONCONFORMING BUILDING OR STRUCTURE

A building or structure which does not comply with all of the regulations of this title or any amendment hereto governing bulk for the district in which such building or structure is located.

NONCONFORMING USE

A lawfully established use of land, building, or structure which does not comply with all of the regulations of this title or any amendment hereto governing use for the district in which such building or structure is located.

NOXIOUS MATTER

Material which is capable of causing injury or malaise to living organisms by chemical reaction, or is capable of causing detrimental effects upon the health or the psychological, social, or economic well-being of human beings.

NURSING HOME

An establishment for the aged, chronically ill, or incurable persons in which three or more persons not of the same family are received, kept or provided with food or shelter and care for compensation; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis, treatment, or care of the sick, injured, or mentally ill.

OFF STREET LOADING SPACE

An on-the-property space for temporary parking of a commercial motor vehicle while loading and/or unloading merchandise or materials which has direct access to a street or alley. Such space shall be no less than 10 feet wide and 25 feet long, and shall have not less than 14 feet of vertical clearance, exclusive of access aisles and maneuvering space.

OFF STREET PARKING SPACE

An "off street parking space" shall consist of space adequate for parking an automobile with room for opening doors on both sides, together with a properly related driveway of an all weather surface for ingress and egress with access to a public street or alley. Said space may be a garage, carport, or open space with all weather surface of not less than 200 square feet. In all districts there shall be provided, at the time any residential dwelling is erected, at least one off street parking space in the side or rear yard for each dwelling unit. No parking will be permitted in a front yard, required or otherwise, except in a driveway in any district on a lot with a residential structure.

OPEN SALES LOT

Any land used or occupied for the purpose of buying and selling merchandise, passenger cars, trucks, any form of trailers, motor scooters, motorcycles, boats and monuments, or for the storing of same prior to sale.

PARK

Any publicly owned park, playground, parkway or roadway within the jurisdiction of the City of Le Roy or any other park or playgrounds not operated for profit.

PARKING SPACE

An all weather surfaced area of not less than 200 square feet, either within a structure or unenclosed, exclusive of driveways or access drives, for the parking of one motor vehicle. Required off street parking areas for three or more automobiles shall have individual spaces marked, and shall be so designed, maintained, or regulated that no parking or maneuvering incidental to parking shall be on any public street, walk, or alley, and so that any automobile may be parked and unparked without moving another.

RESIDENTIAL UNIT

SCREENING

A structure or densely planted vegetation serving as a screen designed to conceal from view the area behind it.

SETBACK

The minimum horizontal distance permitted between the front, side, or rear line of a building, disregarding steps and unroofed porches, and the nearest property line, street or alley right of way line.

SIGN

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 a sign located completely within an enclosed building unless the context shall be exposed to view from a street. Each display surface of a sign shall be considered to be a sign.

SIGN, AREA OF

The total exterior surface computed in square feet on a sign having but one exposed exterior surface. On signs having two or more exposed exterior surfaces, the gross area shall be the total of its component surfaces.

STORY

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.

STREET (AVENUE, PLACE, ROAD, TERRACE, PARKWAY, BOULEVARD, COURT, OR LANE)

A public right of way (property line to property line, being all of the area between the right of way lines of the designated streets) which affords a primary means of access to abutting property.

STRUCTURAL ALTERATIONS

Any change in the structural members of a building, such as walls, columns, beams, or girders.

STRUCTURE

Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, "structures" include buildings, walls, fences (portable type fencing capable of enclosing an area of up to 100 square feet shall not be considered a "fence" or "structure"), billboards and poster panels, but in no case shall be deemed to include mobile homes or awnings when such awnings are attached to a principal or accessory structure located on the premises.

SUBSTANTIAL ALTERATION, MAJOR REPAIR, EXTENSIONS

Reconstruction activities increasing the floor area, seating capacity, number of dwelling units or some other factor affecting the off street parking or loading requirements established herein when the cost thereof, including all material and labor, is found to be in an amount equal to or in excess of 25% of the last tax valuation (prior to any extensions, major repairs or substantial alterations) of any pertinent buildings or structures by the McLean County assessor's office, as equalized by the department of revenue, state of Illinois.

TRAVEL TRAILER

A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight feet.

USE

The purpose or activity for which the land, or building thereon, is designed, arranged or intended, or for which it is occupied or maintained.

VARIATION

A relaxation of the terms of this title as outlined in Section 10-2-5 of this title.

WAREHOUSE

A building or structure, at least partially enclosed, where wares or goods, or other similar items, are stored, whether for resale or not.

YARD

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.

YARD, FRONT

A yard extending along the full width of the front lot line between side lot lines. Corner lots and through lots, and yard, front (double frontage lots) shall maintain a front yard along all street frontages.

YARD, REAR

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.

YARD, SIDE

A yard extending along a side lot line between the front and rear yards, except a lot line along a street, in which event said lot line is deemed a "front lot line", and there shall be no side yard along said lot line, instead said yard shall be considered a "front yard". In the case of a corner lot, the side yard shall be that yard not required to be a front yard, and not being the rear yard as rear yard is herein defined.

ZONING MAP, OFFICIAL

The zoning map of the City shall be prepared by the City Administrator or his designee and amended from time to time as map amendments are made to this title. The official zoning map of the City shall include all that area designated by ordinance as a part of each of the official zoning districts by the classification of that district. Metes and bounds descriptions, where no other designation is used, shall be clearly designated. The official map shall be maintained by the City Administrator or his designee and updated at least annually, as required from time to time by State law. Copies of the official map shall be prepared by the City Administrator or his designee and distributed to the Clerk, City Attorney, and other officials of the City, including the Mayor, Aldermen and Street Superintendent, who may from time to time require copies of the official map.

[1]

Editor's Note: See Title 3, Chapter 3-7, of this Code for licensing provisions.