[Added by Ord. No. 84-45; amended by Ord. No. 85-8; Ord. No. 85-32; Ord. No. 90-18; Ord. No. 92-4; Ord. No. 94-26; Ord. No. 96-15; Ord. No. 97-19; Ord. No. 99-11; Ord. No. 00-8; Ord. No. 02-10]
For the purpose of carrying out the intent of
this chapter, the following words, phrases and terms shall be deemed
to have the meanings ascribed to them and shall be interpreted to
have the standards and include the parts, elements and features set
forth in this section.
To be contiguous to; for example, two lots adjoining with
a common property line are considered to be "abutting."
The place or way by which pedestrians and vehicles shall
have safe, adequate and usable ingress and egress to a property or
use from a public dedicated street.
A detached subordinate, building situated on the same lot
as the main building and used for an accessory use.
A use customarily incidental to, related to and clearly subordinate
to a principal use of a building established on the same lot or parcel
of land.
Near, close or contiguous to; for example, an industrial
zone across a street or highway from a residential zone shall be considered
as "adjacent."
The City planning and zoning commission, which is herein
designated as the advisory agency to the City council on all matters
related to the zoning and use of land or structures.
A public right-of-way twenty feet wide which is maintained
and which affords a means of vehicular access to the side or rear
of properties abutting a street or highway.
The same as "structural alterations."
An addition, deletion or change in the wording, context or
substance of this chapter.
A place where animals or pets are given medical or surgical
treatment and are cared for during the time of such treatment. Use
as a kennel shall be only incidental to such hospital use.
A room or suite of two or more rooms in a multiple dwelling,
occupied or suitable for occupancy as a residence for one family.
Kitchens and baths shall not be considered rooms for the purpose of
definition.
An area other than a street used for the display, sale or
rental of any of these products, and where no repair work is done
except minor incidental repair of automobiles or trailers to be displayed,
sold or rented on the premises.
A business which services motor vehicles, including tube
and tire repairs, battery charging, storage of merchandise and supplies
related to the servicing of motor vehicles, sale of gasoline and lubricants,
automobile washing (not including a mechanical car wash), grease racks
and automobile repairs.
A space wholly or partly underground and having more than
one-half of its height, measuring from its floor to its ceiling, below
the average adjoining grade; if the finished floor level directly
above a basement is more than six feet above graded at any point,
such basement shall be considered a story.
A structure having a roof supported by columns or walls and
maintained for the support, shelter or enclosure for persons, animals,
chattels or property of any kind.
The vertical distance measured from the average level of
the highest and lowest point of that portion of the lot covered by
the building to the highest point of the building.
A building in which is conducted a principal use of the lot
or parcel of land upon which it is situated. Where a permissible use
involves more than one building designed or used for a primary purpose,
each such building on the building site shall be defined as a main
building.
The ground area of a building, together with all the open
space required by this chapter.
The purchase, sale or other transaction involving the handling
or disposition of any article, substance, commodity or service for
livelihood or profit, or the ownership or management of office buildings,
offices, recreational or amusement enterprise, or maintenance and
use of offices by professions.
Any building not used as a dwelling.
A permanent roofed structure used for automobile shelter
and automobile storage only.
A place where the primary intent and purpose is to provide
an educational experience for preschool children. This includes, but
is not limited to, kindergarten, preschool and head start programs.
A permanently located building commonly used for religious
worship, fully enclosed, with wall, including windows and doors, and
having a roof, canvas and fabric excluded, and conforming to applicable
legal requirements affecting design and construction.
A place for a group of medical services not involving overnight
housing of patients.
An association of persons for some common purpose, but not
including groups organized primarily to render service which is customarily
carried on as a business.
A place which is licensed under Wyoming Statutes, 1977, title
12, with a retail liquor or malt beverage license, upon which premises
food products may be sold or served incidentally to the sale or service
of alcoholic beverages. "Cocktail lounge" and/or "bar" does not include
restaurant.
The planning and zoning commission of the City.
A "conditional use permit" may permit those uses as described
in this chapter under special conditions granted after review by the
planning and zoning commission. Those conditions attached to the use
must have a reasonable and valid relationship to the use and compatibility
of surrounding property.
To be "contiguous" to means the same as to "abut."
The same as "nursing home."
The provision for and maintenance of adequate and safe visibility
for vehicular and pedestrian traffic at all intersections of streets,
alleys and/or private driveways, as provided in the zones.
A business place used primarily for the care of children
on a regular basis. Includes infant care for children who are under
two years of age. But does not include home occupation child care
as defined herein.
Means the same as "zone."
An accessway to a required off-street parking facility and
which shall be open and unencumbered to a height of not less than
eight feet. It shall be safe and usable.
A building or portion thereof designed exclusively for residential
occupancy, including one-family and multiple-family, but not including
hotels or boarding and lodging houses.
A building or buildings attached to each other and containing
two or more dwelling units. The term "multi-family dwelling" is intended
to apply to such dwelling types as triplex, fourplex and apartments
where any dwellings have their primary access to a common hallway
or corridor.
A building containing dwelling units, each on its own lot
and each of which has primary ground floor access to the outside and
which are attached to each other by common walls without openings.
The term "single-family attached" is intended primarily for dwelling
types such as townhouses and duplexes.
A building containing only one dwelling unit entirely separated
by open space from buildings on adjoining lots or building sites.
One or more rooms in a dwelling or portion thereof, used and designed and intended to be used for occupancy by one family or a group living together as a single unit as described in § 24-17 of the Evanston City Code, including permanent provisions for living, eating, sleeping and sanitation, containing one or more kitchens.
[Amended 10-18-2022 by Ord. No. 22-04]
All commercial enterprises where business or service is directly
to an automobile and/or its occupants, or where an automobile discharges
passengers for quick service where there is little or no separation
of pedestrian and automobile traffic.
A space on a lot or parcel of land, and so indicated on a
subdivision map or deed restriction or otherwise reserved for or used
for public utilities or public uses.
Public, parochial and other nonprofit institutions conducting
regular academic instruction at kindergarten, elementary, secondary
and collegiate levels, and including graduate schools, universities
and nonprofit research institutions. Such institutions must (1) offer
general academic instruction equivalent to the standards prescribed
by the state board of education, (2) confer degrees as a college or
university of undergraduate or graduate standing, or (3) conduct research.
This definition does not include schools, academies or institutes,
incorporated or otherwise, which operate for a profit, nor does it
include commercial or trade schools.
A person or persons, related by blood, marriage or adoption,
living together in a dwelling unit.
A physical barrier constructed of barbed wire; permitted
only in a A-E zone.
Any device forming a physical barrier between two areas.
This shall include wire mesh, steel mesh, chain link, louvre, stake,
masonry and lumber and other similar materials, excluding barbed wire.
The narrowest dimension of the lot which abuts on a dedicated
or highway right-of-way line. Frontage is expressed in lineal feet
and is measured along such right-of-way line. Where a future street
or highway right-of-way line has been established on the general or
master plan or other official plan, frontage shall be measured along
that line.
Specific activities limited to slot machines, video poker
machines, electronic gambling devices, blackjack and poker licensed
by the state or authorized political subdivision.
Any device, machine, paraphernalia or equipment used in the
act of gaming.
Any building, room, enclosure, vehicle, vessel or other place
whether open or enclosed, used or intended to be used for gaming,
having one or more gaming devices.
A detached accessory building or portion of a main building
on the same lot as a dwelling, used for housing vehicles of the occupants
of the dwelling, having a roof and enclosed on not less than four
sides. Any such structure enclosed on three sides or less shall be
considered a carport.
Any premises used exclusively for the storage of vehicles.
Means the same as "automobile service station."
The words "general plan" shall mean the master or comprehensive
plan for the City or any element of such plan.
All the covered interior space within the exterior walls
including all levels of floors and all exterior covered space such
as patios or covered entrance ways.
Having a physical or mental impairment that substantially
limits an individual's major life activities so that such individual
is incapable of living independently; a record of having such an impairment;
or being regarded as having such an impairment.
A major or secondary highway as delineated on the general
plan or any element thereof (see "street").
A plant or series of plants, shrubs or other landscape material,
so arranged as to form a physical barrier or enclosure.
A business conducted for a profit by the occupant within
a residential dwelling as a use that is secondary to the primary use
of the dwelling for residential living.
An occupation carried on by the occupant of a residential
dwelling as a secondary use, providing care for children in a home
setting.
Any building or portion thereof used for accommodations and
medical care of sick, injured or infirm persons. Such a facility must
be licensed by the state.
A lot that is connected to a public water sewer system or,
in the absence of such a system, other sanitary methods which meet
with the approval of the planning and zoning commission.
The manufacture, fabrication, processing, reduction or destruction
of any article, substance or commodity, the form, character or appearance
thereof, and including storage elevators, truck storage yards, warehouses,
wholesale storage and other similar types of enterprise.
Any worn out, cast off or discarded article or material which
is ready for destruction or has been collected or stored for salvage
or conversion to some use. Any article or material which, unaltered
or unchanged and without further reconditioning, can be used for its
purpose as readily as when new shall not be considered as junk.
A lot, land or structure, or part thereof, used primarily
for collection, storage and sale of waste paper, rags, scrap metal
or discarded material, or for the collection, dismantling, storage
and salvaging of machinery or vehicles not in running condition and
for the sale of parts thereof.
Any lot, building, structure, enclosure or premises where
four or more pets are boarded.
That portion of a dwelling unit devoted to the cooking or
preparation of food for the purpose of consumption by residents of
the dwelling unit. The presence within any food preparation area of
a ventilation hood, gas stub, 220-volt electrical outlet or wiring,
or any combination thereof together with a refrigerator and a sink,
shall be considered a kitchen. The term shall include a kitchenette,
wet bar or similar area equipped with a means to cook or prepare food.
[Amended 10-18-2022 by Ord. No. 22-04]
A retail establishment or any combination of retail establishments
within a single building occupying more than twenty-five thousand
square feet of total floor area.
Motels, hotels, bed-and-breakfasts, hostels, rooming and
boardinghouses and similar uses.
[Added 12-16-2008 by Ord. No. 08-07]
Means the same as "building site."
Means the same as "area."
A lot other than a corner lot.
A parcel of land as shown on the records of the county assessor
at the time of passage of this chapter, whose area, width or depth
is less than that required in the zone in which it is located.
Any lot having frontage on two parallel or approximately
parallel streets.
The front property line of a lot shall be determined as follows:
Corner lot - The front property line of a corner
lot shall be the property line that the principal entrance of the
building fronts on. The front yard and street yard of a corner lot
shall maintain setback distances required for adjacent lots.
[Amended 9-7-2010 by Ord. No. 10-07]
Interior lot - The front property line of an
interior lot shall be the lot line abutting the street.
Through lot - The front property line of a through
lot shall be designated by the planning commission in approving the
subdivision plat. Where such lot is over two-hundred feet deep, each
lot line abutting a street shall be considered a front lot line.
A lot line which is opposite and most distant from the front
lot line, in case of an irregular, triangular or gore-shaped lot;
provided, that the rear lot line is a line ten feet in length within
the lot parallel to and at the maximum distance from the front lot
line.
The side property lines of a lot are those lot lines, connecting
the front and rear property lines of a lot.
The width of a lot shall be:
If the side property lines are parallel, the
shortest distance between these side lines.
If the side property lines are not parallel,
the width of the lot shall be the length of a line at right angles
to the axis of the lot at a distance equal to the front setback required
for the district in which the lot is located. The axis of a lot shall
be a line adjoining the midpoints of the front and rear property lines.
The exterior facade of a large retail establishment which
encompasses a customer entrance.
The exterior facade of a large retail establishment which
does not encompass a customer entrance.
Eighty-five percent of the gross floor area or as otherwise
determined by the City engineer.
A factory fabricated, transportable building unit designed
to be incorporated at a building site into a structure to be used
for residential, commercial, educational or industrial purposes.
A building containing lodging rooms having adjoining individual
bathrooms, where more than seventy-five percent of the lodging rooms
are for rent to transient automobile tourists for a continuous period
of less than thirty days.
A building, structure or use of land lawfully existing at
the time of enactment of this chapter and which does not conform to
the regulations of the district in which it is situated.
A home occupation where the primary business activity occurs
on the premises at the physical location of the home occupation; such
a use includes, but is not limited to, offices, beauty salons, telemarketing
and similar uses.
A structure, room, or suite of rooms in which clerical, bookkeeping,
administrative work or other activity is carried out for a business,
service or person and which is not considered a professional office,
as defined below.
[Added 7-2-2019 by Ord.
No. 19-05]
An office of a member of a recognized profession maintained
for the conduct of that profession. A profession is a vocation requiring
advanced study in a specialized field which also requires licensing
or certification by the state and maintenance of professional standards
applicable to the field. Professional office shall include the office
of a doctor, dentist, lawyer, architect, engineer, geologist, surveyor,
insurance agent, real estate agent, real estate appraiser, accountant,
or similar professions or professional services.
[Added 7-2-2019 by Ord.
No. 19-05]
A home occupation where the primary business activity occurs
off the premises of the home occupation; such a use includes, but
is not limited to, mobile services, delivery services, and similar
uses.
A hospital or home operated for the continued care of people
who do not require constant medical attention.
A contiguous quantity of land in the possession of, owned
by or recorded as the property of the same claimant or person.
An open area, other than a street, used for parking of automotive
vehicles and restricted from general public use.
A development of mixed densities and uses which creates "community
atmosphere." The uses and densities are subject to negotiation between
the developer and the planning and zoning commission.
Owned or operated by a nongovernmental entity.
The rendering of service of a professional nature by:
Architects, engineers and surveyors;
Doctors of medicine, osteopathy, dentistry and
optometry;
Lawyers;
Accountants;
Consultants and practitioners who are recognized
by the appropriate above licensed professions;
Chiropractors, chiropodists and naturopaths;
Dispensing opticians.
Means the same as "lot line."
Owned or operated by a governmental entity.
Land dedicated to the City or other public entity for public
uses, either actual or intended, including but not necessarily limited
to streets, highways, alleys, and/or sidewalks.
A building used, designed or intended to be used as a home
or dwelling.
A person who pays for or for whom payment is made for staff
persons in the dwelling to provide care, education, therapy, counseling
and participation in community activities for the resident with the
primary goal of enabling the residents to live as independently as
possible and reach their maximum potential.
A place which is used for the serving of meals to guests
for compensation and which has suitable kitchen facilities connected
therewith, containing conveniences for cooking an assortment of food
which may be required for ordinary meals. "Meals" shall mean the usual
assortment of foods commonly ordered at various times of the day.
The service of such food and victuals only as sandwiches or salads
shall not be deemed to constitute a restaurant.
Means the same as "nursing home."
An establishment where the primary use of the total floor
area is devoted to the sale or rental of merchandise to the general
public.
A retail establishment such as a discount department store
in combination with a supermarket within a single building occupying
more than twenty-five thousand square feet of total floor area.
The largest type of superstore providing a limited selection
of merchandise packaged in bulk quantities.
An unsubdivided portion of the interior of a building, excluding
bathrooms, closets, hallways, kitchens and service porches.
Means the same as "automobile service station."
The line which defines the depth of the required front yard.
Such setback line is parallel with the street line, or when established
by the master plan of streets and highways with the highway right-of-way
line, or by the provisions of this chapter removed therefrom by the
perpendicular distance prescribed for the front yard in the zone.
A group of three or more commercial establishments having
common access and/or parking facilities.
A space in a building between the surface of any floor and
the finished ceiling above, or the underside of the roof above (see
"basement").
A public right-of-way whose function is to carry pedestrian
and vehicular traffic and provide access to abutting property.
The street bounding a corner or reversed corner lot and which
extends in the same general direction as the line determining the
depth of the lot.
Anything constructed or built over the height of six feet,
any edifice or building of any kind or any piece of work artificially
built up or composed of parts joined together in some definite manner,
which requires location on the ground or is attached to something
having a location on the ground, except outdoor areas such as uncovered
patios, paved areas, walks, tennis courts and similar recreation areas.
A retail establishment primarily selling food, as well as
other convenience and household goods.
The purpose for which land and/or a building is erected,
arranged, designed or intended or for which land and/or a building
is or may be occupied or maintained.
Includes the words "arranged for," "designed for" and "occupied
or intended to be occupied for."
A permit for deviation from the provisions established in
the zone in which the property is located, granted by the planning
and zoning commission or on appeal to the board of adjustment.
Fencing, hedges, trees, shrubs and walls, or any combination
thereof which materially limits the visibility of persons at intersecting
or intercepting streets and alleys (see also "corner cutback").
Any structure or device forming a physical barrier which
is so constructed that fifty percent or more of the vertical surface
is closed and prevents the passage of light, air and vision through
such surface in a horizontal plane. This shall include concrete, concrete
block, wood or other materials that are solids and are so assembled
as to form a solid barrier.
Any open space other than a court on the same lot with a
building or dwelling group, which space is generally open from the
ground to the sky, except for the projection and/or accessory buildings
permitted by this chapter.
A space between the front yard setback line and the front
lot line or planned street right-of-way line, and extending the full
width of the lot. The front yard of a cul-de-sac lot shall be measured
from its narrowest depth.
A space between the rear yard setback line and the rear lot
line, extending the full width of the lot.
A space extending from the front yard setback line, or from
the front lot line where no front yard is required by this chapter,
to the rear yard setback line of the rear lot line, between a side
lot line and the side yard setback line.
A land area shown or described in the land use zoning map,
to which uniform regulations apply.
The legislative act of removing one or more parcels of land
from one zone and placing them in another zone on the land use zoning
map.
The official map which describes thereon the several zoning
districts to which the regulations set forth in this chapter shall
apply.
