Zoning Code - Article 2
Section 2-1 Construction of Terms
In constructing the intended meaning of terminology used in
this ordinance, the following rules shall be observed:
A) Words and phrases shall have the meanings respectively
ascribed to them in this ordinance unless the context
clearly indicates otherwise. Terms not defined in this
ordinance shall use the standard English dictionary
B) Words denoting the masculine gender shall include the
feminine and neuter gender;
C) Words used in the present tense shall include the
D) Words used in the singular number shall include the
plural number, and the plural number shall include the
E) The term "shall" is mandatory; the term
"may" is discretionary;
F) The term "this municipality" shall mean the
City of Wood River, Illinois;
G) The words "lot", "parcel",
"tract", "plot", and "site"
shall be synonymous. (See definition of "plot");
H) The words "extend", "enlarge", and
"expand" shall be synonymous. (See definition of
I) The words "abutting", "adjacent",
and "contiguous" shall be synonymous. (See
definition of "abutting");
J) The term person shall mean any association, company,
corporation, firm, organization or partnership, singular or
plural, of any kind;
K) All distances shall be measured to the nearest
integral foot; six inches or more shall be rounded to the
next greater one foot;
L) References to Sections shall include all Subsections
within the Section; except a reference to a particular
Subsection designates only that Subsection;
M) A general term that follows or is followed by
enumeration of specific terms shall not be limited to the
enumerated class unless expressly limited.
Section 2-2 Selected Definitions
Abandonment: To discontinue oneís use, rights, or
interest in property.
Abutting: Having a common lot line or district line.
Access Way: A curb cut, ramp, driveway or other means for
providing vehicular access to an off-street parking or loading
Accessory Structure or Use: A use or structure that is
subordinate in size or purpose to the principal structure or
use of the same lot or parcel of ground and serving a purpose
customarily incidental to the use of the principal structure
or use of land.
Administrator: The Planning & Zoning Administrator of
this municipality or his duly authorized representative.
Agriculture: Any one or any combination of the following:
the growing of farm or truck garden crops, dairying,
pasturage, horticulture, floriculture, viticulture, or
animal/poultry husbandry. The term agriculture encompasses the
farmhouse, and accessory uses and structures customarily
incidental to agricultural activities.
Aisle: A vehicular traffic way or lane within an off-street
parking area, used as a means of ingress/egress from parking
Alley: A public right-of-way which affords a secondary
means of vehicular access to abutting lots that front on a
Amendment: A change in the provisions of this ordinance
(including those portions incorporated by reference), properly
effected in accordance with State law and the procedures set
Anchor: Any approved device to which a structure is tied
down to keep it firmly attached to the foundation/footings on
which it is placed.
Animal Hospital: Any building or portion thereof designed
or used for the care, observation or treatment of domestic
Apartment: A room or suite of rooms in a multiple dwelling
intended, designed or used as residence by a single family,
which includes kitchen and bath accommodation.
Appeal: A procedure whereby any person aggrieved by any
decision or order of the Administrator in any matter related
to the interpretation or enforcement of this ordinance may
seek relief from the Board of Zoning Appeals.
Approved: Approved by the Administrator, Board of Zoning
Appeals, or the Planning Commission of this municipality.
Attached: As applied to buildings, means to have a common
wall and/or a common roof.
Automobile Body Shops: A place where major auto repairs may
be carried out. Refer to Article 7 for definition of major
Automobile Repair/Service Station: A place where gasoline
or any other vehicular engine fuel is stored, or other
products for the operation of motor vehicles are retailed
directly to the public. Auto service stations may include
facilities for washing vehicles and making minor auto repairs.
Refer to Article 7 for a definition of minor auto repairs.
Automobile Wrecking Yard: See "Junk Yard."
Awning: Any roof-like structure made of cloth, metal, or
other material attached to a building and erected over a
window, doorway, etc. which can be raised or retracted to a
position against the building.
Institution: Any institution that uses funds principally to
purchase financial assets, such as loans or security, or in
the business of moving, investing or lending money, dealing
in financial instruments or providing financial services and
shall include any bank, savings and loan organized under
state banking laws and covered by the FDIC. (Ord. 07-7)
Basement: The portion of a building which is partly below
grade but having less than forty-two inches of its height
below the average grade of the adjoining ground. A basement
shall not be considered a story unless designed or used for
habitable space or business purposes. (Ord. 97-14)
Bed and Breakfast Inn: A residential building containing
lodging rooms for accommodation of not more than six persons
who are not members of the keeperís family where lodging or
meals or both are provided by pre-arrangement on an overnight
Beer Garden, Permanent: A permanent establishment which
includes any area out-of-doors and not completely contained
within a building in which alcoholic beverages and/or food are
Beer Garden, Temporary: A temporary beer garden operates
for a period of time not more than seven consecutive days in
conjunction with a single event or celebration.
Block: An area of land entirely bounded by any combination
of streets, highways, barriers, boundaries, or rights-of-way
excluding alley and pedestrian rights-of-way.
Board of Appeals: The Board of Zoning Appeals of this
Boarding House: A residential building other than a hotel
or motel containing lodging rooms for accommodation of three
to ten persons who are not members of the keepers family.
Lodging and/or meals are provided by pre-arrangement and for
definite periods, but not on an overnight or per-meal basis to
the transient public.
Buffer Strip: An area of land that remains undeveloped
except for landscaping and fences and is used as a separating
space between dissimilar land uses or districts.
Building: Any structure designed or built for the support,
enclosure, shelter or protection of persons, animals, or
property of any kind.
Building Height: The vertical distance measured from the
average grade at the front wall of a building to the highest
point of the coping of a flat roof or to the deck line of a
mansard roof or to the average height level between eaves and
ridge for gable, hip, and gambrel roofs.
Building Line: A line formed by the face of the building
which is used to establish the required yards for a building
Bulk: Any one or combination of the following structural or
site design characteristics:
A) Size and height of structure;
B) Location of exterior walls at all levels in relation
to lot lines, streets, or other structures;
C) Lot area;
D) Yards or setbacks.
Canopy: A roof-like structure similar to an awning which
cannot be raised or retracted to a position against the
Cellar: That portion of a building, partially or wholly,
underground having more than forty-two inches of its clear
height below the grade plane. A cellar shall be non-habitable
and shall not be counted as a story.
Certificate of Zoning Compliance, Initial: A certificate
issued by the Administrator upon request by an applicant that
indicates a proposed use would be in compliance with all
pertinent requirements of this ordinance.
Certificate of Zoning Compliance, Final: A certificate
issued by the Administrator to a non-residential use prior to
that useís opening or initiating operations which indicates
that the use complies with all pertinent requirements of this
Clinic: An establishment without facilities for inpatient
care, where one or more physicians and other medical
professionals diagnose and treat human physical and/or mental
Club/Lodge: A non-profit association of persons who are
bona fide members organized for some purpose(s) and paying
regular dues whose facilities are restricted to members and
their guests. It does not include a group organized solely or
primarily to render a service customarily carried on as a
Commission: Refers to the Planning Commission of this
Comprehensive Plan: The plan or any portion thereof adopted
by this municipality to guide and coordinate the physical and
economic development of the community.
Conforming: In compliance with the applicable provisions of
Corrective Action Order: A legally binding order to effect
compliance with this ordinance, issued by the Administrator in
accordance with the procedures set forth herein.
Crawl-space: The unimproved area located beneath the first
floor of a structure which may contain plumbing, ductwork, and
similar items. This space serves as an access area to the
various utilities and lines that are distributed throughout
the structure. To be classified as a crawl space, the interior
grade elevation must be equal to the exterior grade elevation.
Any structure which does not meet this requirement will be
classified as either a basement or cellar. (Ord. 97-14)
Credit Union: A
not-for-profit, cooperative financial institution, owned and
directed by its members who save, invest and are able to
borrow from the institution. Credit Unions are member owned
and controlled through a Board of Directors, collected by
the membership. (Ord. 07-7)
Day Care Centers: A facility for the temporary care of
individuals for compensation whether in a home, commercial
building or other type of structure. Day care centers shall be
classified into one of the categories listed below:
Day Family Care Home: A private residence where care,
protection, and supervision are provided on a regular schedule
at least twice a week. This type of facility is classified as
a home occupation, and must comply with the requirements
established for that use.
Day Group Care Center, Class A: A building or structure
where care, protection, and supervision are provided on a
regular schedule at least once a week. This type of facility
will operate with only one employee in addition to the
Day Group Care Center, Class B: A building or structure
where care, protection, and supervision are provided on a
regular schedule at least once a week. This type of facility
will require more than one employee in addition to the
Licensing, certifications and inspections of all day cares
shall be through the State Department of Children and Family
Services and the Office of the State Fire Marshal. All day
cares shall comply with federal and state requirements.
Detached: As applied to buildings, means surrounded by open
space on the same lot as the principal building.
Develop: To erect any structure or to install any
improvements on a tract of land, or to undertake any activity
in preparation therefore.
District, Zoning: A section of the city in which zoning
regulations and standards are uniform.
Duplex: See "Dwelling, Two-Family."
Dwelling: A building or portion thereof designed or used
primarily as living quarters for one or more families, but not
including hotels, motor lodges, or other accommodations for
the transient public.
Dwelling, Multiple-Family: A building or portion thereof
containing three or more dwelling units.
Dwelling, Single-Family: A building designed with
accommodations for exclusive occupancy by one family.
Dwelling, Two-Family: A building designed with
accommodations for occupancy exclusively by two families
living independently of each other.
Dwelling Unit: One or more rooms constituting all or part
of a dwelling which are used exclusively as living quarters
for one family and contain a bathroom and kitchen facilities.
Easement: A right to use another personís real property
for certain limited purposes.
Enclosed: As applied to a building, means covered by a
permanent roof and separated on all sides from adjacent open
space or other buildings by fixed exterior walls or by common
Enlarge: To increase the size of an existing structure or
use, whether principal or accessory, or to devote more land to
an existing use. (Ord. 97-14)
Establishment: Either of the following:
A) An institutional, business, commercial, or industrial
activity that is the sole occupant of one or more buildings;
B) An institutional, business, commercial, or industrial
activity that occupies a portion of a building that:
1) The activity is a logical and separate entity from
the other activities within the building and not a
department of the whole; and
2) The activity has either a separate entrance from the
exterior of the building, or a separate entrance from a
common and clearly defined entryway that has direct access
to the exterior of the building.
Family: An individual, or two or more persons related by
blood, marriage or adoption, or a limited number of persons
not so related; together with any servants or gratuitous
guests maintaining a non-transient, common household in a
dwelling unit or lodging unit.
Floor Area, Gross: The sum of the gross horizontal area of
the several floors of a building, measured from the exterior
faces of the exterior walls or from the center of the common
walls of attached buildings. Gross floor area includes
basement floors, attic floor space, halls, closets,
stairwells, space devoted to mechanical equipment and enclosed
Floor Area Ratio (F.A.R.) Means the gross floor area of the
building or buildings on the zoning lot divided by the area of
such zoning lot, or in the case of a planned development, by
the net site area.
Foundation, Permanent: A closed perimeter formation
consisting of materials such as concrete or concrete block
which extends into the ground below the frost line.
Frontage: All the property on one side of a street, between
two intersecting streets, crossing or terminating, measured
along the line of the street, or if the street is dead ended,
then all of the property abutting one side between an
intersecting street and the dead end of the street.
Grade: The average of the finished ground level at the
midpoint of each wall or a building. In case walls are
parallel to and within five feet of a public sidewalk, said
ground level shall be measured at the sidewalk.
Group Home: A dwelling shared by unrelated persons,
including resident staff, who live together as a single
housekeeping unit and in a long-term, family-like environment
in which residents may participate in community activities in
order to reach their maximum potential. Licensing,
certifications and inspections shall be through the State
Department of Children and Family Services, the Office of the
State Fire Marshal, and others necessary to comply with
federal, state, and local requirements.
Group homes shall be placed into one of the following
Family Group Home: A private residence shared by a
number of residents and one resident staff person, who
live together as a single housekeeping unit.
Group Home Center, Class A: A building or structure
shared by a number of residents and two staff persons who
live together as a single housekeeping unit.
Group Home Center, Class B: A building or structure
shared by a number of residents and more than two staff
persons who live together as a single housekeeping unit.
Home Occupation: Any occupation or activity carried on
within a dwelling unit or accessory building by a member of
the family residing on the premises, which is incidental and
secondary to the residential occupancy and does not change the
residential character thereof.
Hotel: A building containing separate accommodations for
use by primary transient persons. A hotel may contain
restaurants and other accessory services for serving primarily
its residents and only incidentally the public.
Immobilize: As applied to a manufactured home, means to
remove the wheels, tongue, and hitch and anchor to a permanent
Junk Yard: A tract of land, including any accessory
structure thereon, that is used for buying, selling, storing,
baling, packing, disassembling, or handling waste or scrap
materials. Such scrap materials include vehicles, machinery,
and equipment not in operable condition, and metals, glass,
paper, plastics, rags, and rubber tires. A lot on which three
or more inoperable vehicles are stored shall be deemed a junk
yard. A junk yard includes an automobile wrecking yard. A
Special Use Permit is required for the establishment of any
new junkyards within this municipality.
Kennel: An establishment licensed to operate a facility
where domestic animals are bred, raised, trained, groomed, and
boarded for compensation, sale, or other commercial purpose.
Landfill/Dump: A lot or part thereof used primarily for the
disposal by abandonment, dumping, burial, burning, or other
means and for whatever purpose, of garbage, sewage, trash,
refuse, junk, discarded machinery, vehicles or parts thereof,
or non-toxic waste material of any kind. A Special Use Permit
is required for the establishment of any new landfill/dump
within this municipality. A permit is also required from EPA.
Lot: A parcel of land occupied or intended for occupancy by
one main use permitted in this ordinance, including one
principal building and its accessory buildings or as other
provided in this ordinance, and having its principal frontage
upon a dedicated street. The boundaries of the lot shall be
determined by its lot lines. A lot may or may not be the same
as a Zone Lot.
Lot, Corner: A lot having at least two adjacent sides that
abut for their full length upon streets. Both such lot lines
shall be considered front lot lines.
Lot, Through: A lot having a pair of approximately parallel
lot lines that abut two approximately parallel streets. Such
lots shall be considered to have two front lot lines.
Lot Area: The total area within the lot lines.
Lot Coverage: The portion of a lot that is occupied by
buildings or structures, including accessory buildings or
Lot Depth: The average horizontal distance between the
front lot line and the rear lot line.
Lot Line, Front: The lot boundary abutting the street.
Lot Line, Rear: The interior lot line which is more
distance from and most nearly parallel to the front lot line.
Lot Line, Side: Any boundary of a lot which is not a front
lot line or a rear lot line.
Lot Size Requirements: Refers to the lot area, lot width,
and lot depth requirements of the applicable district.
Lot Width: The mean horizontal width of a lot measured at
right angles to the side lot lines.
Lot of Record: A lot that is a part of a subdivision, the
map of which has been recorded in the office of the County
Recorder or a parcel of land, the deed of which was recorded
in the office of the County Recorder prior to the adoption of
Manufactured Home: A home constructed in a factory and is
transportable in one or more sections and built on a permanent
chassis and designed to be used as a dwelling with or without
a permanent foundation when connected to the required
utilities and including the plumbing, heating, air
conditioning and electrical systems contained therein. Any
dwelling unit containing the red HUD label shall be considered
a manufactured home. The term shall include:
A) Units composed of two or more separately towable
components designed to be joined into one integral unit
capable of being separated again into the components for
B) Units designed to be used for residential, commercial,
educational, or industrial purposes and are placed on site
on a permanent basis.
Mobile Food Unit: A temporary food service establishment
that is a vehicle-mounted food service establishment designed
to be readily movable.
Manufactured Home Park: A parcel not less than five acres
under single ownership control, developed with facilities for
accommodating occupied manufactured homes in accordance with
the requirements of Article 4, MH District.
Manufactured Home Stand: The part of a manufactured home
space beneath the manufactured home that includes the concrete
slab or runners on which the home is placed.
Modular Home: Dwelling units that are designed to be placed
on a permanent perimeter foundation which extends below the
frost line. These units come in multiple sections. Only those
units which contain the yellow State of Illinois sticker, or
are constructed by a manufacturer approved by the Illinoisí
Department of Public Health, shall be considered a modular
Motor Lodge: A building or group of buildings in which
lodging is provided and offered primarily to transient
occupancy and in which each unit has convenient access to a
parking space for the use of the unitís occupants.
Night Club: A place of entertainment open at night having a
floor show and/or providing music and space for dancing. An
establishment where liquors are sold to be consumed on the
premises, but not including restaurants where the principal
business is serving food. The facility shall be duly approved
and licensed as required by applicable state and local
Non-Conforming Lot, Structure or Use: A lot, structure, or
use which does not conform to the regulations of the district
in which it is located.
Nuisance: Any thing, condition, or conduct that endangers
health and safety, or unreasonably offends the senses, or
obstructs the free use and comfortable enjoyment of property,
or essentially interferes with the comfortable enjoyment of
Nursing Home/Convalescence Home: A building used as a
medical care facility for persons who need long-term nursing
care and medical service, but do not require intensive
hospital care. Licensing, certifications and inspections must
comply with federal, state, and local requirements.
Payday Loan Store:
An establishment that engages in the business of offering
Payday loans: a Payday loan is a loan transaction where a
cash advance, post dated check or other check that the
parties agree will be held for a period of time before
presentment for payment or deposit is accepted as collateral
for the loan. This also includes establishments primarily
engaged in making cash loans or extending credit through
credit instruments (except credit cards and sale finance
agreement). This definition shall include Car Title loan
stores, Payday loan companies, check cashing establishments
and title loan companies. (Ord. 07-07)
Permitted Use: Any use which is or may be lawfully
established in a particular district(s), provided it conforms
with all the requirements applicable to that district(s).
Planned Unit Development (PUD): A tract of land that is
planned as a whole for development under single ownership or
control in accordance with the Planned Unit Development
Article. By virtue of such unified planning and development,
the PUD will provide greater amenities, conveniences or other
benefits than would normally be had through the development of
diverse smaller tracts under multiple ownership.
Plot: A parcel of land consisting of one or more lots or
portions thereof which is described by reference to a recorded
plat or by metes and bounds.
Prefabricated Housing Unit: A building assembly or system
of building sub-assemblies designed for habitation as a
dwelling including the necessary electrical, plumbing,
heating, ventilation, and other service systems. The unit can
be of closed or open construction and made or assembled by a
manufacturer either on or off the building site. The unit is
placed upon and anchored to a permanent foundation. Such units
may or may not be considered a modular home.
Premises: A lot and all the structures and uses thereon.
Principal Building, Structure, Use: The main structure
erected on or the main use occupying a lot, as distinguished
from an accessory structure or use.
Reconstruct: As applied to structures, means to rebuild
after partial or total destruction.
Recreational Vehicle: A term encompassing any type of
vehicle used primarily for recreational pleasure. Examples
are, but not limited to travel trailers, motor homes, boats,
snowmobiles, etc. Recreational vehicles shall include any
mobile structure designed for temporary occupancy, but shall
exclude manufactured homes.
Recreational Vehicle Park: A lot developed with facilities
for accommodating temporarily occupied travel trailers in
accordance with the requirements of the Manufactured Home
Recyclable Material: Reusable materials including but not
limited to metals, glass, plastic, and paper which are
intended for reuse, remanufacture, or reconstitution for the
purpose of using the altered form. Recyclable materials does
not include refuse or hazardous materials.
Recycling Center/Material Recovery Facility: A facility
that accepts recyclable materials and may perform some
processing activities. The principal function is to separate
and store materials that are ready for shipment to end-use
markets, such as paper mills, aluminum smelters or plastic
remanufacturing plants. The presence of power-driven
processing equipment distinguishes a processing facility from
a collection facility. The facility receives and processes
only residential and commercial recyclables such as food and
beverage containers and paper.
Refuse: Garbage (food waste) and rubbish, but not sewage or
industrial wastes. The terms shall include residue from
burning of materials, paper, rags, cartons, boxes, rubber,
leather, tree branches, tin cans, metals, glass, and other
Relocate: To move to another portion of a lot or to a
Repair: To restore to sound condition, but not to
reconstruct. Repairs are considered general, routine
Right-of-Way: The entire dedicated tract or strip of land
that belongs to governmental or private entities and is to be
used by the public for circulation and service.
Sanitary Landfill: A tract of open land used for the
permanent disposal of refuse in accordance with the
requirements of the Illinois Environmental Protection Agency.
At a sanitary landfill the refuse is periodically covered with
Screening: Trees, shrubs, walls, solid fences, etc. used to
create a visual and/or noise barrier.
Setback: The minimum horizontal distance between a lot line
and the nearest wall of a building or structure or the edge of
the area of operation of a principal use involving no building
Special Use: A use that has unusual operational, physical,
or other characteristics which distinguish it from the
permitted uses of a district. By complying with certain
restrictions, the special use can be made compatible with the
intended overall development of the district in which it is
intending to locate.
Stop Order: A type of corrective action order used by the
Administrator to halt work in progress that is in violation of
Street: A general term denoting a public or private way for
the purpose of vehicular travel. The term includes all
facilities which normally occur with the right-of-way. It
shall also include such other designations for a street as: a
highway, thoroughfare, parkway, through way, road, pike,
avenue, boulevard, lane, place, drive, court, or as otherwise
designated, but excluding an alley or a way for pedestrian use
Street, Arterial: A street designed or utilized primarily
for high vehicular speeds or for heavy volumes of traffic on a
continuous route with intersections at grade. Direct access to
abutting properties is provided and traffic control measures
are used to grant priority to the movement of through traffic.
Street, Collector: A street that carries or is proposed to
carry intermediate volumes of traffic from local streets to
Street, Local: A street used primarily for access to
abutting properties, providing for minimum speeds and traffic
Street, Marginal access or Service road: A local street
parallel and adjacent to arterial streets providing access to
Structure: Anything constructed or erected, the use of
which requires more or less permanent location on the ground,
including, but without limiting the generality of the
foregoing, advertising signs, billboards, backstops for tennis
courts, gazebos, satellite dishes, and solar collectors.
Structure, Temporary: Any structure that is not attached to
a permanent foundation.
Tavern/Lounge: . An establishment where liquors are sold to
be consumed on the premises, but not including restaurants
where the principal business is serving food. The facility
shall be duly approved and licensed as required by applicable
state and local regulations. Any establishment which serves
food, where the serving of food is secondary to the serving of
liquor, such as a bar and grill, shall be classified as a
Trailer: Any structure used for living, sleeping, business
or storage purposes, having no foundation other than wheels,
blocks, skids, jacks, horses, or skirtings and is equipped
with wheels or other devices for transporting the structure
from place to place.
Transfer Station: Any facility which is located in a
parking lot or other similar location that serves as a local
collection site for recyclables. The facility or site is used
for temporary storage of non-hazardous materials which are
disposed of by the general public. The waste is stored at this
site until it is taken to a recycling center. A transfer
station must have a permit approved by the Environmental
Protection Agency and comply with all local, state, and
Use: The purpose or activity for which land or a structure
is designed, arranged, intended, occupied, or which it is or
may be occupied or maintained.
Variance: A deviation from the regulations or standards
adopted by this ordinance which the Board of Appeals is
permitted to grant when strict enforcement would cause undue
hardship owing to circumstances unique to the individual
property, lot, structure, or premise for which the variance is
Yard: An open space, other than a court, that is on the
same lot with a structure, lying between the structure and the
nearest lot line, and is unoccupied and unobstructed from
except as specifically permitted in this ordinance.
Yard, Front: A yard that is bounded by the side lot lines,
front lot lines, and the building line.
Yard, Rear: A yard that is bounded by side lot lines, rear
lot lines and the rear building line.
Yard, Side: A yard that is bounded by the rear lot line,
front yard line, side building line, and side lot line.
Zoning: The reservation of certain specified areas within
the municipality for building and structures, or use of land,
for certain purposes with other limitations such as height,
lot coverage, and other stipulations.
Zoning Lot: A single tract of land located within a single
block, which is designated by its owner or developer as a
tract to be used, developed, or built upon as a unit, under
single ownership or control. Therefore, a zoning lot may or
may not coincide with a lot of record.
Zoning Map: The map and any amendments thereto designating
the Zoning Districts, incorporated into this ordinance by
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