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:
1.
Size and height of buildings.
2.
Location of exterior walls at all levels in relation to lot
lines, streets or to other buildings.
3.
Gross floor area of buildings in relation to lot area (floor
area ratio).
4.
All open space allocated to buildings.
5.
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.
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
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.
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
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.
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.
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.