A.
Applicability. The rules and definitions contained in this article
shall be observed and applied except when the context clearly indicates
otherwise.
B.
Rules. The following rules shall apply to the text of this chapter:
(1)
Words used in the present tense shall include the future.
(2)
Words used in the singular number shall include the plural number
and the plural the singular.
(3)
The words "shall" and "will" are mandatory and not discretionary.
(4)
The word "may" is permissive.
(5)
The masculine gender includes the feminine and neuter.
(6)
The word "person" means an individual, association, corporation,
estate, joint venture, partnership, trustee or other legal entity.
(7)
Whenever a word or term defined appears in the text of this
chapter, its meaning shall be construed as set forth in the definition.
Any word appearing in parentheses directly after a word defined shall
be construed in the same sense as the word.
(8)
The word "building" includes "structure"; "building" or "structure"
includes any part thereof; "used" or "occupied" as applied to any
land or building shall be construed to include the words "intended,
arranged or designed to be used or occupied".
(9)
Terms not herein defined shall be defined as specified in Webster's
New Collegiate Dictionary, 1989 Edition.
In addition to specific definitions found elsewhere in this
chapter, the following definitions shall apply in the interpretation
and enforcement of this chapter:[1]
To physically touch or border upon or to share a common property
line.
A building, use or structure on the same lot with and of
a nature customarily incidental and subordinate to the principal use
or structure.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any use which customarily excludes minors by reason of age,
for reasons other than the sale or consumption of alcoholic beverages
on the premises. These include:
ADULT BOOK AND VIDEO STOREAn establishment which has as a substantial or significant portion of its stock-in-trade books, magazines, videotapes or other periodicals and which, in accordance with law, denies admittance to minors by virtue of age.
ADULT MOTION-PICTURE THEATERAn establishment at which motion pictures, slides or similar photographic reproductions are shown on a regular basis and which, in accordance with law, denies admittance to minors by virtue of age.
ADULT ENTERTAINMENT USEA public or private establishment which is licensed to serve food and/or alcoholic beverages, which features topless dances, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers.
ADULT MASSAGE ESTABLISHMENTAn adult business use not accessory to a hospital, medical clinic or office, nursing home, beauty parlor, barbershop, exercise salon or health club, where manipulated massage or manipulated exercises are practiced upon the human body for pay.
Land, including necessary buildings, a dwelling or dwellings
and other structures, shall be considered used for agriculture if
the principal use thereof is the raising or keeping of livestock and/or
the growing of crops.
A dedicated public right-of-way, other than a street, that
affords a secondary means of access to abutting property.
An area or structure, open to the public, which contains
coin-operated games and similar entertainment and amusement devices.
Any building or portion thereof designed or used for the
care, observation and/or treatment of domestic animals.
Animals customarily kept as domesticated pets, but excluding
livestock, such as swine, sheep, goats, ponies or horses and poultry
for sale.
An apparatus, external to or attached to the exterior of
a building, together with any supporting structure for sending or
receiving electromagnetic waves.
An apartment building up to three stories in height.
The owner, contract purchaser or designated legal representative
who proposes to subdivide or develop land pursuant to this chapter.
A private association, other than a condominium association,
which is organized for a development in which individual owners share
common interest in open space and/or facilities.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
An automobile service station which, in addition to the retail
dispensing of vehicular fuels, performs as an accessory use automobile
maintenance, service or repair (excluding body work), including, but
not limited to, the sale and installation of lubricants, tires, batteries
and similar accessories for automotive vehicles.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
An automobile service station which offers or includes, as
an accessory use, the retail sale of motor oils, prepackaged, nonprescription
drugs and convenience-type food items.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
An automobile service station where the dispensing of vehicular
fuels is performed primarily by individual patrons and which normally
does not perform any manner of automotive maintenance, service or
repair.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
That portion of a building all or partly underground but
having at least 1/2 of its height below the average level of the adjoining
ground.
An owner-occupied dwelling providing not more than five rooms
for overnight accommodations to the public and, if so desired, breakfast
may be served to the guests thereof. Rental is on a transient basis
for a fee.
A mound of earth or the act of pushing earth into a mound,
used to screen or adorn the perimeter of a lot or development along
a public right-of-way; often naturalistic and meandering in nature
and used to provide an aesthetic border to a property.
The area of a lot remaining after the minimum yard and open
space requirements of this chapter have been met; also known as a
"building envelope".
Any structure substantially enclosed by exterior walls, with
a roof supported by columns or walls and intended for the shelter,
housing or enclosure of any individual, use, animal, process, equipment,
goods or materials of any kind.
The horizontal area measured within the outside of the exterior
walls of the ground floor of all principal and accessory buildings
on a lot.
The outline of a building's foundation as shown on a drawing.
"Height" shall be defined as the vertical distance measured
from the nearest established curb level or existing terrain, whichever
is higher, to the highest point of the coping of a flat roof or to
the uppermost edge of a mansard roof or to the mean height level between
eaves and ridge for gable, hip or gambrel roofs. Chimneys, towers,
spires, steeples, elevator penthouses, cooling towers, cupolas and
other similar projections shall not be included in building height.
Written permission issued by the City of Maroa for the construction,
repair, alteration of or addition to a structure.
The line parallel to the front lot line at a distance equal
to or greater than the depth of the required front yard for the zoning
district in which the lot is located.
Any building which does not conform to the regulations of
this chapter prescribing the use, required yards, coverage, height
and setbacks, minimum required spacing between buildings on a single
lot and minimum required usable open space for the district in which
such building is located.
A nonaccessory structure which serves the principal use of
the zoning lot on which it is located.
Any building not permanently affixed to the land.
See § 290-12.1 of this chapter.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A building, structure or portion thereof containing facilities
for washing motor vehicles.
A document issued by the City certifying that the building
or use has been constructed or will be used in compliance with this
chapter.
A straight line joining any two points on an arc, curve or
circumference.
The City Council of the City of Maroa, Illinois.
An establishment where two or more licensed doctors of medicine
engage in the practice of medicine, operating on a group or individual
basis, with pooled facilities such as a coordinated laboratory, X-ray
and allied departments, for the diagnosis and treatment of humans,
which need not but may include a drug prescription counter (not a
drugstore) for the dispensing of drugs and pharmaceutical products
to the patients of the organization.
A nonprofit association of persons who are bona fide members,
paying dues, which owns, hires or leases a building or portion thereof,
the use of such premises being restricted to members and their guests.
A single-family, detached home residential subdivision consisting
of three or more residential lots, in which the individual lots are
clustered, grouped or arranged so as to achieve a more flexible overall
design for the purpose of:
The plan for the long-range growth and development of the
City, including graphic and written materials, as formally adopted
and amended from time to time by the City Council.
Provisions and limitations which may be imposed on a building,
structure, parcel of land or use at the time the City Council grants
approval of a variation, amendment, planned development or special
use.
A building or group of buildings in which units are owned
individually and common areas and facilities are owned by all the
owners on a proportional, undivided basis.
A dwelling providing shelter and services for a group of
persons, typically elderly, which may include provision of meals,
housekeeping and personal care assistance.
Next to, abutting, touching and having a boundary or portion
thereof which is coterminous.
A building or structure which is used, designed or intended
for the care of the aged or infirm or for those suffering bodily disorders
and which does not contain the facilities nor render the services
normally associated with a hospital.
Macon County, Illinois.
A facility which exclusively provides supplemental parental
care and supervision, recreation and/or educational instruction to
children or adults during the entire or any portion of the day.
A method of describing differences in sound levels; a logarithmic
unit of measurement of the intensity (loudness) of sound.
Plants that drop their leaves before becoming dormant in
winter.
A public right-of-way owned by the City or other public highway
agency and created by designation on a recorded plat or in a recorded
instrument or conveyance accepted by the City Council or other public
highway agency.
The gift of donation of property by its owner to another
party.
A legal document conveying ownership of real property.
The number of dwelling units per acre devoted to residential
land development, including streets, street rights-of-way and open
space.
For the purpose of determining the number of units per acre
in a planned development for net density calculations, lot area shall
be included, but not streets, street rights-of-way or open space.
A storage facility for the temporary storage of stormwater
runoff.
Any person whose concern and intent is to improve land in
accordance with the development regulations of the City of Maroa.
The division of a parcel or consolidation of parcels of land
into two or more parcels; the construction, reconstruction, conversion,
structural alteration, relocation or enlargement of any structure;
any mining, excavation, landfill or land disturbance; and any use
or extension of the use of land.
An ordinance adopted by the City Council, upon completion
of both preliminary and final plan approvals, which includes graphics
and other support documentation upon which City Council approval is
based.
A line which marks the separation between two zoning districts.
A business which is operated for the sale and purchase of
food and other goods, services or entertainment and which is designed
and equipped so as to allow patrons to be served or accommodated while
remaining in their automobiles.
A business which handles on the premises the washing, drying,
dry-cleaning and ironing of clothes, including pick-up and delivery
services.
A building, or portion thereof, designed or used for residential
occupancy, including single-family dwellings, two-family dwellings,
multiple-family dwellings, but not including hotels or motels.
Refers to one dwelling.
A single structure containing two or more attached dwellings
in which each unit has two open space exposures; shares one or two
walls with an adjoining unit or units; and has a main entry at ground
level.
Four attached dwellings in one structure, in which each unit
has two open space exposures and shares one or two walls with an adjoining
unit or units.
A one-family dwelling attached to two or more one-family
dwellings by common vertical walls.
A dwelling which is designed for and occupied by not more
than one family and surrounded by open space or yards and which is
not attached to any other dwelling by any other means.
A one-family dwelling in a row of at least three such units
in which each unit has its own front and rear access to the outside,
no unit is located over another unit and each unit is separated from
any other unit by one or more common fire-resistant walls.
A structure on a single lot containing two dwelling units,
each of which is separated from the other by an unpierced wall extending
from ground to roof or an unpierced ceiling and floor extending from
exterior wall to exterior wall, except for a common stairwell exterior
to both dwelling units.
A grant, by a property owner, for the use of a portion of
their land by another party for a specific purpose.
An easement precluding future or additional development of
the land.
An easement required for the installation of stormwater sewers
or drainage ditches and/or required for the preservation or maintenance
of a natural stream or watercourse or other drainage facility.
A building, structure or portion thereof within which food
is offered for sale and which permits consumption within the building
or structure.
The projecting lower edges of a roof overhanging the wall
of the building.
Any obstruction in a delineated floodway, right-of-way or
adjacent land.
One or more individuals occupying a dwelling unit and living
as a single household unit.
The use of land solely for the growing and harvesting of
crops; for the feeding, breeding and management of livestock; for
dairying or for any other agricultural or horticultural use or combination
thereof, including, but not limited to, hay, grain, fruit, truck or
vegetable crops, nurseries, orchards, forestry and sod; and the keeping,
raising and feeding of livestock or poultry, including dairying, poultry,
swine, sheep, beef cattle, ponies or horses, bees, fish and wildlife.
An establishment whose principal business is the sale of
prepared or rapidly prepared food directly to the customer in a ready-to-consume
state for consumption either within the restaurant building or off-premises.
A structure which is used as a boundary, protection or means
of screening and which is made of manufactured or natural materials.
A lot not fronting on or abutting a public road and where
access to the public road is by a narrow private right-of-way.
The channel of the watercourse and those portions of the
adjoining floodplain which are reasonably required to carry and discharge
floodwaters.
The gross floor area of all building on a lot divided by
the lot area.
The sum of the gross horizontal areas of the several floors
of a building measured from the exterior face of exterior walls or
from the center line of a wall separating two buildings, but not including
interior parking spaces, loading space for motor vehicles or any spaces
where the floor-to-ceiling height is less than six feet.
The total of all floor areas of a building, excluding stairwells
and elevator shafts, equipment rooms, interior vehicular parking or
loading and all floors below the first or ground floor, except when
used or intended to be used for human habitation or service to the
public.
A commercial establishment in which food is processed or
otherwise prepared for human consumption but not consumed on the premises.
A unit for measuring illumination equal to the amount of
direct light thrown by one international candle on a surface one foot
away.[2]
The number of oscillations per second in a sound wave, measuring
the pitch of the resulting sound.
That side of a lot abutting on a street. The measurement
of lot frontage shall be considered to be the distance between side
lot lines at the street right-of-way. If the side lot lines do not
intersect the street right-of-way, the lot frontage shall be only
that portion of the lot line abutting the street that coincides with
the street right-of-way. For an acred lot line, the lot frontage shall
be the internal chord dimension.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The effect produced by brightness sufficient to cause annoyance,
discomfort or loss in visual performance and visibility.
The mean level of the finished surface of the ground adjacent
to the exterior walls of a building or structure; the degree of rise
or descent of a sloping surface.[3]
An open area which may be cultivated or maintained in a natural state surrounding development or used as a buffer between land uses or to mark the edge of an urban or developed area; those permanent open space area illustrated on the City's Comprehensive Plan and described in Article V of this chapter.
A community residence serving unrelated persons with disabilities
which is licensed, certified or accredited by appropriate local, state
or national bodies. Group homes do not include residences which serve
persons as an alternative to incarceration for a criminal offense.
An occupation for gain or financial support conducted entirely
within a principal residential building or a building or structure
accessory thereto.
A home occupation consisting of the office of a practitioner
of a recognized profession.
An institution devoted primarily to the maintenance and operation
of facilities for the diagnosis, treatment or care for not less than
24 hours in every week of three or more nonrelated individuals suffering
from illness, disease, injury, deformity or other abnormal physical
conditions, including, as an integral part of the institution, related
facilities such as laboratories, outpatient facilities or training
facilities.
An establishment containing lodging accommodations designed
for use by transients or travelers or temporary guests. Facilities
provided may include maid service, laundering of linen used on the
premises, telephone and secretarial desk service, restaurants, meeting
rooms and ancillary retail uses.
Any material which reduces and prevents absorption of stormwater
into previously undeveloped land.
Any improvements for which the City or other public entity
may ultimately assume the responsibility for maintenance and operation.
Any structure, grading, street surfacing, curbs and gutters,
sidewalks, bikeways, crosswalks, water mains, sanitary sewers, storm
sewers, drainage ditches, culverts, bridges, trees and other additions
or deletions from the natural state of land which increase its utility
or habitability.[4]
A nonprofit or quasi-public use or institution such as a
church, library, public or private school, hospital or municipally
owned or operated building, structure or land used for public purpose.[5]
Any area, lot, land, parcel, building or structure or part
thereof used for the storage, collection, processing, purchase, sale
or abandonment of wastepaper, rags, scrap metal or other discarded
goods, materials, machinery or two or more unregistered, inoperable
motor vehicles.
Any lot or premises or portion thereof on which three or
more dogs or other domestic animals over the age of four months are
boarded for compensation or kept for sale.
Industrial uses which meet the performance standards, bulk
controls and other requirements established in this chapter.
A parcel or tract of land.
The area of a lot shall be computed exclusive of any portion
of the right-of-way of any public or private street or easement of
access.
The part or percent of the lot occupied by buildings or structures,
including accessory buildings or pavements.
The mean horizontal distance between the front and rear lot
lines.[6]
A line of record bounding a lot which divides one lot from
another lot or from a public or private street or any other public
space.
The boundary of a corner lot which abuts a street right-of-way
but is not the front lot line.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The boundary of a lot which is along a street right-of-way.
For landlocked or partially land-locked parcels of land, the front
lot line is that lot line that faces the access to the lot.
The boundary of a lot which is most distant from and is or
is most nearly parallel to the front lot line.
Any lot line other than a front or rear lot line.
An area of land which is designated as a separate platted
subdivision lot in a subdivision plat prepared in accordance with
the Plat Act and recorded in the office of the County Recorder of
Deeds.
The distance between straight lines connecting the front
and rear lot lines where they intersect each side lot line measured
at the building setback line.
A lot of which at least two adjacent sides abut for their
full lengths upon street rights-of-way.
A lot which fronts upon two parallel streets or which fronts
upon two streets which do not intersect at the boundaries of the lot.
A lot other than a corner lot with only one frontage on a
street.
A lot of record in a recorded subdivision or a single tract
of land or parcels described by metes and bounds, which are designated
by their owner as a tract to be used, developed or built upon as a
single unit in common ownership. Multiple, contiguous parcels in common
ownership may be aggregated for the purposes of determining compliance
with the provisions of this chapter.
The production, making or processing of products or commodities
for general consumption of the public or for sale to specialized institutions
or organizations. Also included is the subassembly, fabrication or
processing of parts or components for use in other products or commodities.
A structure containing separate storage spaces of varying
sizes leased or rented on an individual basis.
The development of a tract of land, building or structure
with two or more different uses, such as, but not limited to, residential,
office, manufacturing, retail, public or entertainment.
A structure designed for permanent habitation and so constructed
as to permit its transport on wheels, temporarily or permanently attached
to its frame, from the place of its construction to the locations,
or subsequent locations, at which it is intended to be a permanent
habitation or designed to permit the occupancy thereof as a dwelling
place for one or more persons.
Any self-propelled wheeled conveyance that does not run on
rails and that can carry passengers, goods and/or equipment.
A building containing two or more distinct uses.
An undesirable audible sound.
Continuous or episodic excessive noise in the human environment.
Any building or structure lawfully established at the time
this chapter, or any amendment thereto, is adopted, which:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
An institutional facility for preschool children.
An extended- or intermediate-care facility licensed or approved
to provide full-time convalescent or chronic care to individuals who,
by reason of advanced age, chronic illness or infirmity, are unable
to care for themselves.
A means of dividing the range of sound frequencies into octaves
in order to classify sound according to pitch.
The minimum concentration of odorous matter in the air that
can be detected as an odor.
Any premises not located within the area of the property
to be subdivided or developed, whether or not in the same ownership
of the applicant for subdivision or development approval.
A building, structure, parcel of land or portion thereof
which provides off-street parking or off-street loading spaces, and
including accessways, driveways and aisles, and which is either a
principal or accessory use.[7]
Located on the lot or parcel that is the subject of an application
for development or subdivision approval.
A temporary storage area for a motor vehicle which is located
on a dedicated street right-of-way.
The quality or state of an object that renders it impervious
to the rays of light; the degree of nontransparency.
That area of a lot, parcel or tract that is not covered by
a building or structure.
Any parcel or area of land or water essentially unimproved
or otherwise devoid of buildings or other structures and paved areas
and set aside, dedicated, designated or reserved for public or private
use or enjoyment of owners and occupants of land adjoining or neighboring
such open space.[8]
The keeping in an area, external to a principal or accessory
structure, of any goods, material or merchandise in the same place
for more than 24 hours.
Any person, group of persons, firm or firms, corporation
or corporations or any other legal entity having legal title to or
controlling proprietary interest in any lot, tract or parcel of land.
A lot or tract of land.
A suitably surfaced and maintained area, exclusive of any
street, alley or other accessway, designed or used for the temporary
storage of motor vehicles.[9]
The area between the back of the curb and the sidewalk or
the area between the back of the curb and the edge of the street right-of-way
where there is no sidewalk.
A level, landscaped and/or surfaced area directly adjacent
to a principal building at or within three feet of the finished grade
and not covered by a permanent roof.
An individual who travels on foot.
Criteria established to regulate uses according to their
effects. Such criteria are noise, odor, smoke, toxic or noxious matter,
vibration, fire and explosive hazards and glare or heat.
The boundaries or borders of a lot, tract or parcel of land.
Any use allowed in a zoning district and subject to the restrictions
applicable to that zoning district.
This Committee shall consist of the Mayor and two Council
members as determined by the Mayor and any other City consultants
or staff as determined appropriate by the Mayor.
A parcel of land or contiguous parcels of land of size sufficient
to create their own environment, controlled by a single landowner
or by a group of landowners in common agreement as to control, to
be developed as a single entity, the environment of which is compatible
with adjacent parcels and the intent of the zoning district or districts
in which it is located.
Members of the City of Maroa Planning and Zoning Board as
constituted by this chapter.
A map representing a tract of land, showing the boundaries
and location of individual properties, easements and streets.
The final map of all or a portion of a subdivision or site
plan which is presented to the City Council for approval.
A preliminary map or site plan indicating the proposed layout
of a subdivision which is submitted to the Planning and Zoning Board
and City Council for consideration and preliminary approval.
A roofed open area, which may be screened, usually attached
with direct access to a building.
A lot, parcel, tract or plot of land, together with the buildings
and structures thereon.[10]
Any installed or constructed facility for which the responsibility
of maintenance and ownership will be retained by the owner or a private
association.
Any road that is used for access and circulation where the
ownership and maintenance responsibility is borne by the owner or
a private association.
The office of a member of a recognized profession, maintained
for the conduct of that profession.
A use that is not permitted in a zoning district.
The lines bounding a lot.
The advertisement of a public hearing in a paper of general
circulation in the area and through other media sources, indicating
the time, place and nature of the public hearing.
All major, collector or local streets which are shown and
dedicated on a plat for public use, of which the ownership and maintenance
responsibility is borne by the City or other public agency.
A right-of-way dedicated for the purpose of pedestrian access
and located so as to connect two or more streets or a street and a
public land parcel.
A majority of the full authorized membership of the Planning
and Zoning Board or City Council.
A place designed and equipped for the conduct of sports,
leisuretime activities and other customary and usual recreational
activities.
Every vehicle originally designed or permanently converted
and primarily used for temporary living quarters or human habitation
and not used as a commercial vehicle, including any house trailer,
camper or private living coach.
Any building, premises or land in which or upon which a business,
service or industry involving the maintenance, servicing, repair or
painting of vehicles is conducted or rendered.
Any land, building or part thereof, other than a boardinghouse,
where meals are provided for compensation, including a cafe, cafeteria,
coffee shop, lunchroom, drive-in-stand, tearoom and dining room.
A restriction on the use of land usually set forth in the
deed.
Establishments providing services or entertainment, as opposed
to products, to the general public, including, but not limited to,
eating and drinking places, hotels and motels, finance, real estate
and insurance, personal services, motion pictures, amusement and recreation
services, health, educational and social services, museums and galleries.
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
A structure constructed to hold back or support an earthen
bank.
A pond, pool or basin used for the storage of stormwater
runoff that maintains a permanent pool of open water.
To change the zoning classification of a parcel or parcels
of land.
The distance between property lines measured at right angles
to the center line of the street.
A strip of land dedicated to the public and occupied or intended
to be occupied by a street, crosswalk, railroad, electric transmission
line, oil or gas pipeline, water main, sanitary or storm sewer main
or other similar use. The usage of the term "right-of-way" for land
platting purposes shall mean every right-of-way hereafter established
and shown on a final plat and shall be separate and distant from the
lots or parcels adjoining such right-of-way. Rights-of-way intended
for streets, walks, water mains, sanitary sewers, storm drains or
any other use involving maintenance by a public agency shall be dedicated
to public use by the maker of the plat on which such right-of-way
is established.
A booth or stall located on a farm from which produce and
farm products are sold to the general public.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A building or group of buildings maintained by the public
or by a private organization for the purpose of education and which
is accredited by the State of Illinois.
A structure erected of vegetation planted for the purpose
of concealing from view the area behind it.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The line which represents the required minimum distance from
the street right-of-way line or any other lot line, that establishes
the area within which a principal structure must be erected or placed.
A boarding home, institution, building, residence or other
place which, through its ownership or management, provides sheltered
care to three or more adults who are not related to the operator or
owner by blood or marriage.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A paved surface area, usually paralleling and separated from
the street, used as a pedestrian walkway.
See the terms defined in§ 290-8.2 of this chapter.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The visible discharge from a chimney, stack, vent, exhaust
or combustion process which consists of particulate matter.
A permit issued by the City of Maroa which must be acquired
before construction for or commencement of activity listed as a special
use within the appropriate zoning district.[11]
That part of a building between any floor and the next floor
above; and if there is no floor above, then the ceiling above. A basement
is a story if more than 1/2 of its height is above the average grade
of the lot or it is used for business purposes or if it contains any
dwelling unit.
The portion of a building or structure under a gable, hip
or mansard roof, where the top wall plates on at least two opposite
exterior walls are not more than 4 1/2 feet above the finished
floor of each story.
An improved public or private right-of-way or easement which
affords a primary means of vehicular access to abutting property,
whether designated as a street, avenue, highway, road, boulevard,
lane, throughway or however otherwise designated, but does not include
driveways to buildings.
An improvement upon land, other than the land itself, the
use of which requires more or less permanent location on the ground
or attachment to something having a permanent location on the ground,
including, but not limited to, buildings, fences, freestanding signs,
patios and parking areas.
The division of a lot, tract or parcel of land into two or
more lots, tracts or parcels of land for sale, development or lease.
A structure without any foundation or footings and which
is removed when the designated time period, activity or use for which
the temporary structure was erected has ceased.
A use established for a fixed period of time with the intent
to discontinue such use upon the expiration of the time period.
A level, landscaped and/or surfaced area directly adjacent
to a principal building at or within three feet of the finished grade
and not covered by a permanent roof.
A substance which is capable of causing injury to living
organisms by chemical means when present in relatively small amounts.
An area, parcel, site or piece of land or property which
is the subject of a development application.
Every vehicle without motor power, designed for carrying
persons or property and for being drawn by a motor vehicle.[12]
The combination of two or more tracts of land, wherein each
owner has agreed that his or her tract shall be developed as part
of a planned development and shall be subject to all control applicable
to and adopted for the planned development.
The purpose or activity for which the land, or 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 use of any building, structure or land that conforms
with all of the regulations of this chapter or any amendment hereto
and which conforms with all of the codes, ordinances and other legal
requirements, as existing at the time of the enactment of this chapter
or any amendment hereto, for the structure or land that is being considered.
The use of any building, structure or parcel of land which
lawfully is occupied and maintained upon the effective date of the
adoption or amendment of this chapter and which does not conform to
the use regulations of the zoning district in which the use is located
by reason of the adoption or amendment of this chapter.
Any use which is or may be lawfully established in a particular
district or districts, provided it conforms with all requirements,
regulations and, when applicable, performance standards of this chapter
for the district in which such use is located.
The main use of land or buildings as distinguished from a
subordinate or accessory use.
A use, either public or private, which, because of its unique
characteristics, cannot be properly classified as a permitted use
in a particular district or districts. After due consideration, in
each case, of the impact of such use upon neighboring land and of
the public need for the particular use at the particular location,
such special use may or may not be granted, subject to the terms of
this chapter.
Permission to depart from the terms of this chapter where
such departure will not be contrary to the public interest and where,
owing to conditions peculiar to the property and not the result of
the actions of the applicant, a literal enforcement of this article
would result in unnecessary and undue hardship.
The periodic motion of the particles of an elastic body or
medium in alternately opposite directions from the position of equilibrium
when the equilibrium has been disturbed.
A building used primarily for the storage of goods and materials.
Those areas that are inundated or saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes and bogs.
Establishments or places of business primarily engaged in
selling merchandise to retailers; to industrial, commercial, institutional
or professional business users or to other wholesalers; or acting
as agents or brokers and buying merchandise for or selling merchandise
to such individuals or companies.
An open space on the same zoning lot with a building or structure,
unoccupied and unobstructed from its lowest level to the sky, except
as otherwise authorized by this chapter.
The open space across the full width of the lot extending
from the closest point of the front line of the principal building
to the front line of the lot. On corner lots, the front yard shall
face the shortest dimension of the lot adjacent to the street.
A yard extending along the full width of the lot between
the closest point of the principal building and the rear lot line.
The open space between a lot line and the buildable area
within which no structure will be located, except as provided by this
chapter.
The open space between the closest point of the principal
building and the side line of the lot and extending from the front
line to the rear line of the building.
The individual that has been or shall be duly appointed by
the City Council, who is in charge of the administration and enforcement
of this chapter.
A specifically delineated land area within the incorporated
area of Maroa, Illinois, as specified on the Zoning Map, within which
regulations and requirement uniformly govern the use, placement, spacing
and size of land and buildings.
The map designating zoning districts, incorporated herein
as a part hereof.
