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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 definition;

B) Words denoting the masculine gender shall include the feminine and neuter gender;

C) Words used in the present tense shall include the future tense;

D) Words used in the singular number shall include the plural number, and the plural number shall include the singular;

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 "enlarge");

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 one’s 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 area.

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 spaces.

Alley: A public right-of-way which affords a secondary means of vehicular access to abutting lots that front on a nearby street.

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 forth herein.

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 animals.

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 auto repairs.

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.

Bank/Financial 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 keeper’s family where lodging or meals or both are provided by pre-arrangement on an overnight basis.

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 served.

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 municipality.

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 or structure.

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 building.

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 use’s opening or initiating operations which indicates that the use complies with all pertinent requirements of this ordinance.

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 ailments.

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 commercial enterprise.

Commission: Refers to the Planning Commission of this municipality.

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 this ordinance.

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 owner/proprietor.

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 owner/proprietor.

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 person’s 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 walls.

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 porches.

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 classifications:

  • 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 foundation.

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 structures.

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 this ordinance.

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 repeated towing;

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 Illinois’ Department of Public Health, shall be considered a modular home.

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 unit’s 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 regulations.

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 life.

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 District.

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 similar materials.

Relocate: To move to another portion of a lot or to a different lot.

Repair: To restore to sound condition, but not to reconstruct. Repairs are considered general, routine maintenance.

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 topsoil.

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 or structure.

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 this ordinance.

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 only.

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 arterial streets.

Street, Local: A street used primarily for access to abutting properties, providing for minimum speeds and traffic volumes.

Street, Marginal access or Service road: A local street parallel and adjacent to arterial streets providing access to abutting properties.

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 tavern/lounge.

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 federal regulations.

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 sought.

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 reference.