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Zoning Commission Packet 2010 08-25-10 co.o United City of Yorkville 800 Game Faun Road EST. '1� 1836 Yorkville, Illinois 60560 -� Telephone: 630-553-4350 Fax: 630-553-7575 Nrnec�n �_ <LE N AGENDA ZONING COMMISSION MEETING Wednesday, August 25, 2010 7:00 P.M. Parks &Recreation Administration Office 201 W. Hydraulic 1. Welcome 2. Approval of July 28, 2010 meeting minutes 3. Continued Review and Commentary of Previously Recommended Zoning Chapters a. Table of Contents b. Chapter 1: Zoning Purpose and Interpretation c. Chapter 2: Rules and Definitions d. Chapter 3: Zoning Provisions 4. Next meeting date: September 22 2010 Pagel of 3 DRAF T UNITED CITY OF YORKVILLE ZONING COMMISSION Wednesday,July 28, 2010 7:OOpm Parks & Recreation Administration Office 201 W. Hydraulic Ave. Board Members in Attendance: Michael Crouch,Chairman Gary Neyer Jeff Baker Al Green Phil Haugen Absent: Ralph Pfister Greg Millen Pete Huinker City Officials in Attendance: Krysti Barksdale-Noble,Community Development Director Guests: Land Use and Zoning Attorney Ronald S.Cope,Ungaretti&Harris,LLP Meeting Called to Order Chairman Michael Crouch called the meeting to order at 7:l Opm. Roll Call Roll call was taken and a quorum was established. Previous Meeting Minutes: May 26,2010 May 26,2010 minutes were approved as read on a motion by Jeff Baker and second by Al Green. Approved by unanimous voice vote. Power Point Presentation by Community Development Director,Krysti J.Barksdale-Noble Ms.Noble presented a power point of how she perceives the progression of the committee's work towards an updated and approved Zoning Ordinance. Some general objectives should be met,such as(1)internal consistency with all operating documents currently in use in the City; and external consistency with Federal and State land use laws,zoning laws,and case laws;(2)ease-of use in formatting/style/layout,utilizing graphics;(3)evaluating and updating districts to address current and future land use needs and opportunities; (4)using effective and creative zoning techniques;model ideas include but are not limited to: incentives, density bonuses,and transfer of development rights; and(5)clarity in administration and enforcement.Ms. Noble has contacted seven different communities in varying counties within Illinois,to begin researching implemented zoning regulations for successful and unsuccessful results,to use a guide and a tool for the Zoning Commission's task. A work plan timeline was proposed: Summer 2010:Review of previously-drafted sections Summer-Fall 2010:Draft Revisions to sections not previously addressed Winter 2010-2011: Editing,Formatting of Final Draft Spring 2011:Open House Summer 2011:Public Hearing/Adoption/Training&Follow Up with ZBA,Plan Commission Page 2 of 3 Guest Sneaker: Land Use and Zoning Attorney Ronald S.Cope,Ungaretti&Harris Ms.Noble introduced Attorney Ronald S. Cope of Ungaretti&Harris,LLP as the meeting's guest speaker. Attorney Cope is lead-council in precedent-setting cases upholding modern zoning concepts;he has written and lectured extensively on recent land-use cases and law,statutes pertaining to zoning and annexation,and wind energy systems. Discussion Attorney Cope passed out copies of"The Powers, Obligations, and Duties of the Plan Commission, Zoning Board of Appeals, and Village Board",prepared by Attorney Cope and dated July 28,2010.Attorney Cope encouraged the Commission to read the Codes and Statutes to always confirm authority,and included specifically in his booklet the Illinois Municipal Codes regarding Zoning,Plan Commissions,and Annexation Agreements,as well as Yorkville Codes regards to Zoning,Plan Commission,Plans,and Plats. The booklet has a section devoted to"Due Process in Zoning Hearings: Guidelines for Complying with the Illinois Supreme Court's Mandate;People ex rel Klaeren v Village of Lisle".Another well-known case- Dunlap v Village of Schaumburg-is included.Attorney Cope summarized the Klaeren case,for those unfamiliar with the particulars regarding the annexation of land in Lisle and the intended development of a Meijer shopping center;it was stressed that every community should be aware of this case and quasi-judicial (administrative,as opposed to legislative)due-process,when making zoning decisions. Attorney Cope reminded the Commission that the Comprehensive Plan cannot"trump"the Zoning Ordinance,and cited a case in Chicago Heights in which a church was denied as a proposed special use development in a specific corridor because it didn't generate sales tax(as per the municipality's Comprehensive Plan);however the municipality's Zoning Ordinance provides for a church as a special use, and therefore the Illinois Supreme Court ruled the church development could not be denied based upon the lack of sales tax generation.The Commission was encouraged to read all relative documents and include all applicable data within their revised Zoning Ordinance,to avoid a situation such as what occurred in Chicago Heights. Regarding age-targeted and adult-oriented use districts and Ordinances:Attorney Cope stated that Ordinances for these types of districts/uses would normally be located within the Zoning Code.If an Ordinance regarding these districts/uses does not include findings-of-fact which specifically relate to the community,and also a planning and hearing process,then the Federal Courts can rule the Ordinance unconstitutional.The Commission was cautioned to design their adult-use district(s)carefully and to seek the advice of experts. Mr. Crouch noted that Yorkville's Zoning Ordinance is dated 1973,and to avoid having to modify the Zoning Ordinance,the City Council has historically passed stand-alone Ordinances dealing with specific issues as they have arisen.This Commission is working to not only update the Zoning Ordinance,but also to incorporate the stand-alone Ordinances into the text of the new Zoning Ordinance.The Commission was cautioned that if the City has an Ordinance which functions as a Zoning Ordinance,but never went through the public hearing process,then that Ordinance is technically invalid. The group discussed the question-and-feedback requirements for public hearings;Attorney Cope stated that in conformance with the Klaeren ruling,once a petitioner has finished presenting,objectors must be allowed to provide questions and feedback regarding the proposal.Either before or after the objectors,Plan Commission/Zoning Board members/Village Officials must be allowed to ask their questions/provide feedback regarding the proposal.Questions,feedback,and any other evidence which is elicited from all parties should be part of the public record.Witnesses should testify under oath administered via a court reporter(who should also transcribe the testimony).The Chairperson has the right to steer questions/ feedback away from discussions/comments not relative to the proposal at hand. Ms.Noble stated that she would like to have Yorkville adopt the findings-of-fact wording that's in the LaSalle Factors(LaSalle National Bank of Chicago v. County of Cook, 1957)and the Sinclair(Sinclair Pipe Line Co. v. Village of Richton Park, 1960). When a development is being sought for approval,only impact fees which are uniquely attributable to that specific development may be assessed,and only via an Annexation/PUD Agreement. Page 3 of 3 Continued Review and Commentary of Previously Recommended Zoning Chapters Agenda Item 5 (a-d)was continued to the next meeting.Four new chapters will be presented at that time;the Commission can expect to receive seven chapters for review at the next meeting. Ms.Noble would like the Commission to consider adding a chapter in the Zoning Ordinance regarding alternative energy systems,including rooftop wind energy systems,small wind energy systems,as well as other systems. Ms.Noble suggested that the Commission determine if they would like adult-oriented uses to be listed as a separate chapter,or incorporated into another chapter;for example:listed as a special-use under a specific district. Ms.Noble stated that a Sign Ordinance would typically be located within a Zoning Ordinance-does the Commission wish to bring it back?Mr.Crouch indicated yes,based upon the discussion at this meeting,it would make Yorkville's Sign Ordinance stronger to be located within the Zoning Ordinance. Mr. Crouch requested that new drafts be highlighted to indicate it is new material.Ms.Noble will do this. Additional Business: The next meeting will be held on Wednesday August 25,2010 at 7:OOpm,and will be held at the Parks and Recreation Building at 201 W.Hydraulic Ave. Adiournment: There was no further business and a motion was made by Mr.Baker to adjourn the meeting. Mr.Haugen seconded the motion.Meeting adjourned at 8:57pm. Minutes respectfully submitted by Jennifer Woodrick TITLE 10 ZONING TABL E CONTENTS Subject Chapter Zoning Purpose and Interpretation 1 Rules and Definitions 2 General Zoning Provisions 3 Zoning Administration and Enforcement 4 Zoning Districts and Maps 5 Permitted and Special Uses 6 Dimensional and Bulk Requirements 7 Planned Unit Developments 8 Zoning Districts 9-13 A-1, Agricultural District 9 OS, Open Space District 10 Residential Districts 11 E-1, Estate District 1 lA R-1, Single-Farnily Residence District 11B R-2, Single-Family Residence District l 1 C R-2 Duplex, Two-Family Residence District III) R-3, General Residence District HE R-4, General Residence District 1 I F CDD, Conservation Design District 11G Business Districts 12 O, Office District 12A B-1, Limited Business District 12B B-2, General Business District 12C B-3, Service Business District 12D B-4, Business District 12E Manufacturing Districts 13 M-1, Limited Manufacturing District 13A M-2, General Manufacturing District 13B Atli lt-Oriented Use--,; 14 Historic Downtowu Overlay District 15 Route 47 Overlay District 16 Nonconforming Buildings, Structures, and Uses 17 Off-Street Parking and Loading 18 ;Fences, Screens and Walls 19 Signs 20 Telec€xi-nmlunication Towers, Antennas and Facilities 21 Alternative Energy Systems 22 Rooftop WMd Energy Systems 22A .Small Wind Energy Systems 22B Solar Energy Systems 22C CHAPTER 2 Rules and Definitions 10-2-1: GENERAL: In the construction of this Title,the rules and definitions contained in this Chapter shall be observed and applied, except when the context clearly indicates otherwise. 10-2-2• RULES FOR • ORD CONSTRUCTION: A. ,_Words used in the present tense shall include the future;words used in the singular number shall include the plural number,and the plural the singular. B. _The word"shall" is mandatory and not discretionary. C. The word"may" is permissive. D._The word"lot" shall include the words"plot","piece","parcel"; the word"building" includes all other structures of every kind regardless of similarity to buildings; and the phrase"used for'shall include the phrase "arranged for","designed for","intended for","maintained for',and"occupied for'. E. All measured distances shall be expressed in feet.unless otherwise indicated and shall be calculated to the nearest integral foot. F. If any calculation results in a fraction,the next integral number shall be taken. G. In cases where there is a conflict between the text of the zoning ordinance and a table or figure of this zoninst ordinance,the rovisions that are expressed in the text shall apply. 10-2-3: DEFINITIONS: The following words and terms,wherever they occur in this Title,shall be interpreted as herein defined. ABUTTING:To have a common property line or zoning district. ACCESSORY BUILDING or USE:An"accessory building or use" is one which: 1._Is subordinate to and serves a principal building or principal use. 2. Is subordinate in area,extent or purpose to the principal building or principal use served. 3. Contributes to the comfort,convenience or necessity of occupants of the principal building or principal use served. 4. Is located on the tame lot and in the same zoning district as the principal use. ACRE: A measure of land containing forty three thousand five hundred sixty 43.560 square feet. 3 ACREAGE: Any tract or parcel of land having an area of one acre or more which has not been subdivided by metes and bounds or platted. AGRICULTURAL SALES AND SERVICE: A use primarily engaged in sale or rental of farm tools and implements,feed,grain,tack, animal care products, and farm supplies and farm machinery repair services that are accessory to the principal use. AGRICULTURAL USE:The employment of land for the primary purpose of obtaining a profit in money by raising, harvesting,and selling crops,or feeding(including grazing),breeding managing,selling, or producing livestock, poultry, fur-bearing animals or honeybees,or by dairying and the sale of dairy products,by any other horticultural, floricultural or viticultural use,by animal husbandry,or by any combination thereof. It also includes the current employment of land for the primary purpose of obtaining a profit by stabling or training equines including,but not limited to,providing riding lessons,training clinics and schooling shows. AIRPORT: Any area of land designated,set aside,used,or intended for use, for the landing and take-off of aircraft, and any appurtenant areas and uses such as airport buildings or other airport facilities,approach zones. ALCOHOLIC'BEVERAGE: any beverage that is the product ofi distillation of fermented liquids.whether_rectified or diluted.whatever may be the origin thereof,and includes synthetic ethyl alcohol but does not include denatured alcohol or wood alcohol. ALLEY: A public way,not more than thirty feet(30`) wide,which affords only a secondary means of access to abutting property. AMUSEMENT PARK: A commercially operated facility which may include structures and buildings,with a predominance of outdoor games and activities for entertainment,including motorized rides,water slides,miniature golf,batting cages and the like. ANIMAL HOSPITAL: Any building, or portion thereof,designed or used for the care,observation or treatment of domestic animals. ANTIQUE SALES: A building or areas within a building to provide space for the sale of antiques by antique dealers,for items such as clocks, lamps,clothing,rugs,toys,furniture,and the like. AUTOMOBILE REPAIR: Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair and painting of vehicles. Incidental repairs, replacement of parts,and motor service to automobiles. AUTOMOBILE RENTAL: Leasing or renting of automobiles,motorcycles and light trucks and vans,including incidental parking and servicing of vehicles for rent or lease. This definition excludes truck and trailer rental. AUCTION HOUSE: A structure,area,or areas within a building used for the public sale of goods,wares, merchandise,or equipment to the highest bidder. BAKERY, RETAIL: An establishment primarily engaged in the retail sale of baked products. The products may be prepared either on or off site. BAKERY,WHOLESALE: A bakery in which there is pennitted the production and/or wholesaling of baked goods, excluding Retail Bakery. BASEMENT:That portion of a building that is partly or completely below grade. 4 BANK: A building for the custody, loan,or exchange of money, for the extension of credit and for facilitating the transmission of funds. This definition includes credit unions,savings and loan facilities,payday loans,personal loan agencies and pawnshops. BED AND BREAKFAST INN(B&B):A private,owner/operator occupied residence with guest rooms,providing overnight accommodations and a morning meal for compensation to transients/travelers. A bed and breakfast inn is operated primarily as a business. BILLIARD PARLOR: A business establishment for a principal use as a billiard facility. BLOCK: A tract of land bounded by streets or,in lieu of a street or streets, by public parks,cemeteries,railroad rights of way,bulkhead lines or shorelines of waterways or corporate boundary lines of municipalities. BOAT SALES AND RENTAL: A marine retail sales and service use in which boats are rented or sold. BOAT STORAGE: A facility where boats are stored including indoor and outdoor. Outdoor facilities shall be enclosed by an opaque fence or wall a minimum b feet in height. BOWLING ALLEY: A business establishment with a principal use for the sport of ten-pin bowling which may include incidental food services. BREW PUB: see Aficrohreiven- BUFFER: A strip of land,including landscaping.berms,walls, and fences. that is located between land uses of different character and is intended to physically and visually separate one use area from another. BUILDABLE AREA: The space remaining on a building lot after the minimum yard requirements of this title have been complied with. BUILDING: Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are not communicating doors,windows or openings,and which is designed or intended for the shelter,enclosure or protection of persons,animals or chattels. BUILDING,COMPLETELY ENCLOSED:A building separated on all sides from the adjacent open space,or from other buildings or other structures,by a permanent roof and by exterior walls or party walls,pierced only by windows and normal entrance or exit doors. BUILDING,DETACHED: A building surrounded by open space on the same zoning lot. BUILDING,HEIGHT:The vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof in the case of a flat roof,to the deck line of a mansard roof;and to the mean height level between eaves and the ridge of a gable,hip or gambrel roof; provided,that where buildings are set back from the street line,the height of the building may be measured from the average elevation of the finished lot grade at the front of the building. (See section 10-2-4 of this chapter for diagram). BUILDING,INSPECTOR: The designated city official responsible for inspecting buildings within the city. BUILDING,LINE: A line or lines, including the building setback line, on the horizontal surface of a lot,parallel to the front,side and rear lot lines,and located at a distance prescribed by the yard regulations of this title beyond which no portion of a building may extend except as provided by this title. (See section 10-2-4 of this chapter for diagram.) BUILDING,MATERIAL SALES: Establishments or places of business primarily engaged in retail or wholesale sale,from the premises,of materials used in the construction of buildings or other structures. 5 BUILDING,NONCONFORMING: Any building which does not conform to the regulations of this title 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. BUILDING, PRINCIPAL: A non-accessory building in which the principal use of the zoning lot on which it is located is conducted. BUILDING,SETBACK LINE:A line parallel to the street line of a distance from it,regulated by the front yard requirements set up in this Title. BUILDING,TEMPORARY:Any building not designed to be permanently located in the place where it is,or where it is intended to be placed or affixed. BULK: The term used to describe the size and mutual relationships of buildings and other structures,as to size, height,coverage,shape, location of exterior walls in relation to lot lines,to the center lines of the streets,to other walls of the same buildings,and to other buildings or structures,and to all open spaces relating to the building or structure. BUSINESS: Any occupation,employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials, or where services are offered for compensation. CAMPGROUND: Any area that is occupied or intended or designed or improved for occupancy by transients using recreational vehicles, travel trailers,and/or tents. CARPORT: An automobile shelter with two(2) or more sides open. CAR WASH: A building or portion thereof containing facilities for washing more than two(2)motor vehicles, using production line methods. The use of personnel for one or more phases of this operation in conjunction with or without complete automatic or mechanical devices does not alter its classification. Coin-operated devices operated on a self-service basis shall be construed to be the same. CEMETERY: Land used or dedicated to the interment of human or animal remains or cremated remains,including crematoriums,mausoleums,necessary sales, and maintenance facilities. Mortuaries shall be included when operating within the boundary of such cemetery. CITY:The United City of Yorkville or the City of Yorkville. CITY COUNCIL:The City Council of the City of Yorkville. CLUB or LODGE,PRIVATE: A nonprofit association of persons who are bona fide members paying annual dues which owns,hires or leases a building,or portion thereof, the use of such premises being restricted to members and their guests. It shall be permissible to serve food and meals on such premises provided that adequate dining room space and kitchen facilities are available.The sale of alcoholic beverages to members and their guests shall be allowed in conjunction with the operation of a dining room for the purpose of serving food and meals,though such beverages may be served in a separate room or rooms,and provided that such sale of alcoholic beverages is in compliance with the applicable local,Federal and State laws,and County ordinances. COLLEGE: A private or public college or technical institution which provides full-time or part-time education beyond high school that grants associate,baccalaureate,or higher degrees. 6 COMMERCIAL FEEDING:A land use or facility used for the confined feeding operation for fish,poultry,swine or livestock. COMMUNITY CENTER: A building or structure used as a place of meeting,recreation or social activity,generally open to the public and designed to accommodate and serve significant segments of the community. CONFORMING BUILDING OR STRUCTURE: A building or structure which: A. Complies with all the regulations of this Title or of any amendment hereto governing bulk of the district in which said building or structure is located; and B. Is designed or intended for a permitted or special use as allowed in the district in which it is located. CONTRACTOR FACILITY: A facility where a construction contractor maintains its principal office or a permanent business office including outdoor storage incidental to the business and enclosed with an opaque fence or wall a minimum of 6 feet in height. CONTRACTOR OFFICES: A building used for conducting contracting business that does not use any exterior storage area. COURT:An open unoccupied space,other than a yard,on the same lot with a building or group of buildings and which is bounded on two(2)or more sides by such building or buildings. CURB LEVEL:The level of the established curb in front of the building measured at the center of such front.Where a building faces on more than one street,the"curb level" shall be the average of the levels of the curbs at the center of the front of each street.Where no curb elevation has been established,the mean level of the land immediately adjacent to the building shall be considered the"curb level". DANCE HALL: A place of assembly,open to the public and operated for profit,where dances,parties,receptions and other gatherings are held. DATUM POINT:Any reference point of known or assumed coordinates from which calculation or measurements may be taken. DAYCARE FACILITY:An establishment providing care for three(3)or more children under the age of twelve(12) for periods of more than four(4)hours but not exceeding twenty four(24)hours. DECIBEL(0): A unit of measurement of the intensity(loudness) of sound. Sound level meters which are employed to measure the intensity of sound are calibrated in"decibels". DENSITY,GROSS: A ratio of the total number of dwelling units on a site,divided by the total acreage of the site, to include streets,schools,parks,etc.,expressed as dwelling units per acre. DENSITY,NET:A ratio of the total number of dwelling units on a site,divided by the number of acres used exclusively for a residential--type acreage not to include schools,parks,streets, etc.,expressed as dwelling units per acre. DEPARTMENT STORE: A retail business which is conducted under a single owner's name wherein a variety of unrelated merchandise and services are housed enclosed and are exhibited and sold directly to the consumer for whom the goods and services are furnished. DISPLACEMENT(Earth): The amplitude or intensity of an earthborn vibration measured in inches.The displacement or amplitude is one-half('Iz)the total earth movement. 7 DISTRICT: A section or part of the unincorporated portion of the City for which the use regulations are uniform. DRIVE-THROUGH SERVICE ESTABLISHMENT: a business or establishment which provides all or some of its sen•ices throu'Th a building*opening or window to its patrons who remain in their vehicles. DRIVEWAY: a paved or unpaved private roadway providing vehicular access between the right-of-way of the street and a narking space,garage.dwelling or other structure. DRY CLEANING ESTABLISHMENT: An establishment or business maintained for the pickup and delivery of dry cleaning and/or laundry without the operation of any laundry or dry-cleaning equipment or machinery on the premises. DRY CLEANING PLANT: A building,portion of a building or premises used or intended to be used for cleaning fabrics,textiles,wearing apparel,or articles of any sort by immersion and agitation,or my immersions only,in cleaning solvents including but not limited to non-flammable solvents and/or Class I and above combustible liquid solvents. DWELLING: A building or portion thereof,but not including a house trailer or mobile home,designed or used exclusively for residential occupancy,including single-family dwelling units,two-family dwelling units and multiple-family dwelling units,but not including hotels,motels,boarding or lodging houses. DWELLING,DUPLEX: A building designed or altered to provide dwelling units for occupancy by two(2) families. DWELLING,MULTIPLE-FAMILY: A building,or portion thereof, designed or altered for occupancy by three(3) or more families living independently of each other. DWELLING, SINGLE-FAMILY: A dwelling unit designed exclusively for use and occupancy by one family which is surrounded on all sides by open space on the same lot. DWELLING,TOWNHOUSE:A single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from foundation to roof and with a yard or public way on at least two sides. DWELLING,UNIT: A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living,sleeping,eating,cooking and sanitation. EASEMENT: A grant by a property oN%mer for the use of a parcel of land by the general public,a corporation or a certain person or persons for a specific DMose or puMoses. EFFICIENCY UNIT:A dwelling unit consisting of one principal room,exclusive of bathroom,kitchen,hallway, closets or dining alcove,directly off the principal room. EQUIVALENT OPACITY:The shade on the Ringelmann Chart that most closely corresponds to the density of smoke,other than black or gray. ERECT: The act of placing or affixing a component of a structure upon the ground or upon another such component. ESTABLISHMENT,BUSINESS:A separate place of business having the following three(3)characteristics: A.The ownership and management of all operations conducted within such establishment is separate and distinct from the ownership and management of operations conducted within other establishments on the same or adjacent zoning lots. 8 B. Direct public access to such"business establishment" is separate and distinct from direct access to any other"business establishment". C.There is no direct public access from within such establishment to any other such establishment. When adjacent places of business lack any one of the aforesaid characteristics with respect to one another, they shall then be considered as a single"business establishment"for the purpose of this title. FAMILY: One or more persons related by blood,marriage or adoption,or a group of not more than five(5)persons (excluding servants)who need not be related by blood,marriage or adoption,living together and maintaining a common household. FENCE: A structure, including gates,or tree or shrub hedge which is a barrier and used as a boundary or means of protection or confinement. FENCE,OPEN: A fence which has over its entirety at least fifty percent(50%)of the surface area in open space as viewed at right angles from the fence, except,that the required open space in louver type fences may be viewed from any angle. FENCE, SOLID:A fence which conceals from view,from adjoining properties,streets or alleys,activities conducted behind it. FLOOR AREA,GROSS (For Determining Floor Area Ratio):The sum of the gross horizontal areas of the several floors,including also the basement floor of a building,measured from the exterior faces of the exterior walls or from the centerlines of walls separating two(2)buildings.The"floor area" shall also include the horizontal areas on each floor devoted to: A. Elevator shafts and stairwells. B.Mechanical equipment,except if located on the roof,when either open or enclosed,i.e.,bulkheads, water tanks and cooling towers. C. Habitable attic space as permitted by the building code of the city". D. Interior balconies and mezzanines. E. Enclosed porches. F.Accessory uses. The"floor area"of structures used for bulk storage of materials,i.e.,grain elevators and petroleum tanks, shall also be included in the"floor area" and such"floor area"shall be determined on the basis of the height of such structures with one floor for each ten feet(10')of structure height and if such structure measures less than ten feet(10')but not less than five feet(5')over such floor height intervals,it shall be construed to have an additional floor.The horizontal area in each floor of a building devoted to off street parking and off street loading facilities shall not be included in the"floor area". "Floor area" when prescribed as the basis of measurement for off street parking spaces and off street loading spaces for any use shall be the sum of the gross horizontal area of the several floors of the building, excluding areas used for accessory off street parking facilities and the horizontal areas to the basement floors that are devoted exclusively to uses accessory to the operation of the entire building. All horizontal dimensions shall be taken from the exterior of the walls. 9 FLOOR AREA,RATIO:The numerical value obtained by dividing the floor area within a building or buildings on a lot by the area of such lot.The floor area ratio as designated for each district when multiplied by the lot area in square feet shall determine the maximum permissible floor area for the building or buildings on the lot. (See section 10-2-4 of this chapter for diagram.) FLOOR AREA,LIVABLE: Any floor area within outside walls of a residential building exclusive of areas in, basements,lookout basements,unfinished attics,garages,open porches and accessory buildings,but including any area"roughed in"but not completed which is designed and intended for human occupancy. FOOT-CANDLE: A unit of illumination, equivalent to the illumination at all points which are one foot(F)distant from a uniform point source of one candlepower. FOOT-LAMBERT: A unit of brightness,usually of a reflecting surface. A diffusion surface of uniform brightness reflecting or emitting the equivalent of the light from one candle at one foot(F)distant over one square foot has a brightness of one foot-lambert. FREQUENCY:The number of oscillations per second in a sound wave,measuring the pitch of the resulting sound. GARAGE,BUS: Any building used or intended to be used for the storage of three(3) or more passenger motor buses or motor coaches used in public transportation,excluding school buses. GARAGE,PRIVATE:An accessory building or an accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident upon the premises,and in which no business,service or industry connected directly or indirectly with automotive vehicles is carried on;provided,that not more than one-half(1/2)of the space may be rented for the private vehicles of persons not resident on the premises;except,that all the space in a garage of one or two (2)car capacity may be so rented. Such a garage shall not be used for more than one commercial vehicle and the load capacity of such vehicle shall not exceed five(5) tons. GASOLINE SERVICE STATION:A place where gasoline,stored only in underground tanks,kerosene, lubricating oil or grease,for operation of automobiles, are offered for sale directly to the public on the premises,and including minor accessories and the services of automobiles,mechanical or manual washing of automobiles,but not including major automobile repairs.Gasoline service stations shall not include sale or storage of automobiles or trailers(new or used). GOLF COURSE: A facility providing a private or public golf recreation area designed for regulation play along with accessory golf support facilities including golf related retail sales,restaurant,golf driving range but excluding miniature golf GOLF DRIVING RANGE: An area equipped with distance markers,clubs,balls and tees for practicing golf drives and putting which may include incidental retail sales and food services,but excludes miniature golf. GRADE:The established grade of the street or sidewalk.Where no such grade has been established,the grade shall be the elevation of the sidewalk at the property line.Where no sidewalks exist, the grade shall be the average elevation of the street adjacent to the property line. Except in cases of unusual topographic conditions,as determined by the director of public works,grade shall be the average elevation of the finished surface of the ground adjoining the exterior walls of a building at the base of a structure based upon any technical advice that director of public works deems necessary. GROCERY STORE: Stores where most of the floor area is devoted to the sale of food products for home preparation and consumption,which typically also offer other home care and personal care products. GROUP [-TOME: A single-family dwelling housing not more than eight(8)service-dependent or developmentally disabled people living with professional care staff. 10 GUEST, PERMANENT: A person who occupies or has the right to occupy a lodging house,rooming house, boarding house,hotel,apartment hotel or motel accommodation as his domicile and place of permanent residence. HOME OCCUPATION: An accessory use of a residential dwelling unit which complies with the requirements of section 3 subsection I of this title. HOSPITAL: An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care, for not less than twenty four(24)hours in any week,of three(3)or more non-related individuals suffering from illness,disease, injury,deformity or other abnormal physical conditions. The term"hospital",as used in this Title,does not apply to institutions operating solely for the treatment of mentally it]or chemically dependent persons,or other types of cases necessitating restraint of patients,and the term"hospital" shall not be used for convalescent,nursing,shelter or boarding homes. HOTEL,MOTEL,or INN-: 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 or desk service,restaurants,cocktail lounges,meeting rooms and ancillary retail uses,provided access to such uses are from the exterior of the principal use. HOUSEHOLDER:The occupant of a dwelling unit who is either the owner or lessee thereof. IMPACT NOISE: A short duration sound such as those from a forging hammer or punch press. INCOMBUSTIBLE:A material which will not ignite nor actively support combustion during an exposure for five (5)minutes to a temperature of one thousand two hundred degrees(1,200")Fahrenheit-. KENNEL, COMMERCIAL: Any lot or premises or portion thereof on which more than four(4)dogs,cats and other household domestic animals,over four(4)months of age,are kept for sale,or on which more than two(2)such animals are boarded for compensation. LABORATORY,COMMERCIAL: A place devoted to experimental study such as testing and analyzing. Manufacturing assembly or packaging of products is not included within this definition. LAND BANKING land that is part of a single-lot or development that is set aside or reserved for a later approved use or development. LAUNDRY: A business that provides coin-operated, self-service type washing, drying, dry cleaning and ironing facilities;provided that: A.Not more than four(4)persons, including owners, are employed on the premises;and B.No pickup or delivery service is maintained. LIBRARY: A public facility for the use,but not sale,of literary,musical, artistic,or reference materials. LOADING AND UNLOADING SPACE,OFF-STREET:An open,hard-surfaced area of land other than a street or public way,the principal use of which is for the standing,loading and unloading of motor vehicles,tractors and trailers to avoid undue interference with public streets and alleys. Such space shall not be less than ten feet in width, twenty five feet in length and fourteen feet in height(10`x 25'x 14% exclusive of access aisles and maneuvering space. LOOK OUT BASEMENT: A story having more than one-half(1I2)of its height below the curb level or below the highest level of the adjoining ground. A look out basement shall not be counted as a story for the purposes of height measurement. 11 LOT: A parcel of land legally described as a distinct portion or piece of land of record. (See Section 10-24 of this Chapter for diagram of lot types.) LOT,AREA: The area of a horizontal plane bounded by the front,side and rear lot lines. LOT,CORNER: A lot situated at the junction of and abutting on two(2)or more intersecting streets;or a lot at the point of deflection in alignment of a single street,the interior angle of which is one hundred thirty five degrees (135°)or less. (See Section 10-2-4 of this Chapter for diagram.) LOT,COVERAGE: The area of a zoning lot occupied by the principal building or buildings and accessory buildings. (See Section 10-24 of this Chapter for diagram.) LOT,DEPTH:The mean horizontal distance between the front and rear lot lines of a lot measured within the lot boundaries. LOT. FLAG: A lot not fronting or abuttin= a public roadway and where access to the public roadway is limited to a narrow Private right-of-way. LOT, FRONTAGE:The front of a lot shall be that boundary of a lot along a public or private street; for a corner lot, the front shall be the narrowest side edge of the lot fronting on a street; provided,that the owner may orient his building toward either street. LOT,INTERIOR: A lot other than a comer lot or reversed comer lot. (See Section 10-2-4 of this Chapter for diagram.) LOT LINE:A property boundary line of any lot held in single or separate ownership;except,that where any portion of the lot extends into the abutting street or alley,the lot line shall be deemed to be the street or alley line. LOT LINE,FRONT:The nt prepeo_'i^°of a zoom` !at A lot line which abuts a street shall be the front lot line. For comer lots,the shortest side fronting upon a street shall be considered the front of the lot. LOT LINE, INTERIOR: A side lot line common with another lot. LOT LINE,REAR: The rear lot line is the lot line or lot lines most nearly parallel to and more remote from the front lot line. LOT LINE, SIDE: Lot lines other than front or rear lot lines are side lot lines. LOT OF RECORD: A lot which is a part of a subdivision or a parcel of land described by deed and where both the map and the deed were recorded in the office of the county recorder. LOT,REVERSED CORNER: A comer lot, the rear of which abuts upon the side of another lot,whether across an alley or not, (See section 10-2-4 of this chapter for diagram.) LOT,THROUGH: A lot having frontage on two(2)parallel or approximately parallel streets,and which is not a comer lot. On a through lot,both street lines shall be deemed front lot lines, (See section 10-24 of this chapter for diagram.) LOT,WIDTH:The mean horizontal distance between the side lot lines measured within the lot boundaries,or the minimum distance between the side lot lines within the buildable area. 12 LOT,ZONING: A plot of ground made up of one or more parcels which are or may be occupied by a use,building or buildings,including the yards and open spaces required by this title. MANUFACTURING ESTABLISHMENT: An establishment,the principal use of which is manufacturing, fabricating,processing,assembly,repairing,storing,cleaning,servicing or testing of materials,goods or products. MARINA: A facility for secure mooring of boats,including facilities for storage and repair of boats and sale of boating supplies and fuel. MEDICAL CLINIC: An establishment where patients are admitted for special study and treatment by two(2)or more licensed physicians or dentists and their professional associates,practicing medicine together. MICROBREWERY OR BREVE'PUB: A restaurant-brewery that brews beer primarily for sale in the restaurant and/or bar and is dispensed directly from the brewery's storage tanks.Total production capacity shall not exceed 15,000 barrels per calendar year(465.000 gallons). One(1)U.S.barrel is equivalent to thirty-one f 31) Lallons. MINIATURE GOLF COURSE: A novelty version of golf played with a putter and golf ball on a miniature course, typically theme-oriented with artificial playing surfaces and including obstacles such as bridges and tunnels. MOBILE HOME: A manufactured home structure transportable in one or more sections,which in the traveling mode is 8 body feet or more in width and 40 body feet or more in length or when erected on site is 320 square feet or more and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities,and includes the plumbing,heating,air-conditioning and electrical systems that may be contained therein;except that such term shall include any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary(HUD)and complies with the standards established under this Title. For manufactured homes built prior to June 15, 1976,a label certifying compliance to the Standard for Mobile Homes,NFPA 501,in effect at the time of manufacture is required. MOBILE HOME PARK: A lot,parcel or tract of land developed with facilities for accommodating two(2)or more mobile homes,provided each mobile home contains a kitchen,flush toilet and shower or bath;and such park shall be for use only by non-transient dwellers remaining continuously for more than one month,whether or not a charge is made. It shall not include a sales lot in which automobiles or unoccupied mobile homes or other trailers are parked for the purpose of inspection or sale,except mobile homes located on a site in the mobile home park which are occupied or vacant for not more than ninety(90)days after occupancy may be sold or offered for sale. MODULAR CONSTRUCTION: A structure not built on-site,but which is placed on a permanent foundation and meets building code requirements. MOTELS,MOTOR LODGES,TOURIST COURTS: A group of attached or detached buildings containing individual sleeping units, designed for or used temporarily by automobile tourists or transients,with garage attached or parking space conveniently located to each unit,including auto courts,motels or motor lodges,but not including mobile homes. MOTOR FREIGHT TERMINAL: A building in which freight,brought to said building by motor truck, is assembled and sorted for routing in intrastate and interstate shipment by motor truck. MOTOR VEHICLE: A passenger vehicle,truck,truck trailer,trailer or semitrailer propelled or drawn by mechanical power. NONCONFORMING USE: Any building,structure or land lawfully occupied by use or lawfully established at the time of the effective date hereof, which does not conform after the effective date hereof with the use regulations of 13 this Title. NOXIOUS MATTER: Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical,social or economic well-being of human beings. NURSING HOME: A home for the care of children or the aged or infirm,or a place of rest for those suffering bodily disorders,but not including facilities for the treatment of sickness or injuries or for surgical care. NURSERY: Retail business whose principal activity is the selling of plants and having outdoor storage,growing and/or display of plants. OCTAVE BAND: A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch. OCTAVE BAND FILTER:An electrical frequency analyzer designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals. (American Standard for Sound-Level Meters/A.S.A.-No.224.3 - 1444) ODOR THRESHOLD:The lowest concentration of odorous matter in air that will produce an olfactory response in a human being. Odor thresholds shall be determined in accordance with ASTM Method D 1391-57,"Standard Method for Measurement of Odor in Atmospheres(Dilution Method)". ODOROUS MATTER: Any material that produces an olfactory response among human beings. OFFICE: A place,such as a building,room or suite,in which services,clerical work,professional duties or the like are carried out. OPEN SALES LOT:Any land used or occupied for the purpose of buying and selling new or secondhand passenger cars or trucks,motor scooters,motorcycles,boats, trailers,aircraft,monuments,etc.,and for the storing of same prior to sale. PARAPET:An architectural feature of a building where that portion of an exterior wall extends above the roof deck. PARKING AREA,PRIVATE: An open,hard-surfaced area,other than a street or public way,designed,arranged and made available for the storage of private passenger automobiles only of occupants of the building or buildings for which the parking area is developed and is accessory. PARKING AREA,PUBLIC: An open,hard-surfaced area,other than a street or public way,intended to be used for the storage of passenger automobiles and commercial vehicles under one and one-half(11!2)tons'capacity,and available to the public,whether for compensation, free or as an accommodation to clients or customers. PARKING SPACE,AUTOMOBILE: Space within a public or private parking area designed in conformance with 10-11-3 of this Title,exclusive of access drives,or aisles,ramps,columns or office and work areas,for the storage of one passenger automobile or commercial vehicle under one and one-half(11/2)tons'capacity. PARKING STRUCTURE: an attached or detached structure that is fully or partially enclosed with one or more levels and is used exclusively for the parking or storage of motor vehicles.This does not include private one-story garages for single-, two-,or multiple-family residential uses. Parking structures may either be above or below grade. PARTICULATE MATTER:Material which is suspended in or discharged into the atmosphere in finely divided form as a liquid or solid at atmospheric pressure and temperature. PARTY WALL: An interior wall of adjoining structures extending from its footing to the underside of the roof,and which separates and is in common use by such adjoining structures. 14 PERFORMANCE STANDARD: A criterion to control noise,odor,smoke,toxic or noxious matter,vibration, fire and explosive hazards,or glare or heat generated by or inherent in uses of land or buildings. PHILANTROPIC INSTITUTION: Any building or group of buildings devoted to and supported by charity. PLAN COMMISSION:The plan commission of the City of Yorkville. PLANNED UNIT DEVELOPMENT:A tract of land which is developed as a unit under single ownership or control, which includes two(2)or more principal buildings, and which is at least four(4) acres in area,except for planned developments operated by a municipal corporation which shall be at least two (2)acres in area, and planned manufacturing developments which shall be at least ten(10)acres in area. PORCH: A roofed over structure,projecting out from the wall or walls of a main structure and commonly open to the weather in part. PREFERRED FREQUENCIES: A set of octave bands described by the band center frequency and standardized by the American Standards Association in ASA Standard N. S 1.6-1960,"Preferred Frequencies For Acoustical Measurements". PRINCIPAL USE:The main use of land or buildings as distinguished from a subordinate or accessory use. PROFESSIONAL SERVICES: A business that offers any type of professional service to the public which requires as a condition precedent to the rendering of such service the obtaining of a license or other legal authorization. By way of example,and without limiting the generality of this definition,professional services include services rendered by certified public accountants,engineers,chiropractors,dentists,physicians,podiatrists,architects, veterinarians, attorneys at law,physical therapists and insurance agents. PUBLIC OPEN SPACE: Any publicly owned open area, including,but not limited to,the following:parks, playgrounds,forest preserves,beaches,waterways,parkways and streets. PUBLIC UTILITY: Any person,firm,corporation or municipal department duly authorized to furnish, under public regulation, to the public,electricity,gas,steam,telephone,sewers,transportation or water. RAILROAD RIGHT OF WAY:A strip of land with tracks and auxiliary facilities for track operation,but not including depot loading platforms,stations,train sheds,warehouses,car shops,car yards, locomotive shops,water towers,etc. RAILROAD PASSENGER STATION: A facility for the boarding of passengers and related ticketing sales and offices. RECREATIONAL CAMP-PRIVATE: An establishment consisting of permanent buildings used periodically by an association of persons where seasonal accommodations for recreational purposes are provided only to the members of such association and not to anyone who may apply. RECREATIONAL VEHICLE: Any type of vehicle used primarily for recreational pleasure. Examples include but are not limited to,travel trailers,motor homes,boats,snowmobiles,and all-terrain vehicles. Recreational vehicles shall include any mobile structure designed for temporary occupancy,but shall exclude mobile homes. RECREATION CENTER: A building or structure used as a place of recreation,generally open to the public and designed to accommodate and serve significant segments of the community. REFUSE: All waste products resulting from human habitation,except sewage. RELIGIOUS INSTITUTION,LARGE: A building,having 400 or more seats or larger than 8,000 square feet of total gross floor area,wherein persons regularly assemble for religious worship and which is maintained and 15 controlled by a religious body organized to sustain public worship,together with all accessory buildings and uses customarily associated with such primary purpose. Includes church,synagogue,temple, mosque or other such place for worship and religious activities. RELIGIOUS INSTITUTION,SMALL: A building,having 400 or fewer seats or no larger than 8,000 square feet of total gross floor area,wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship,together with all accessory buildings and uses customarily associated with such primary purpose. Includes church,synagogue,temple, mosque or other such place for worship and religious activities. RESEARCH LABORATORY: A building or group of buildings in which are located facilities for scientific research, investigation,testing or experimentation,but not facilities for the manufacture or sale of products,except as incidental to the main purpose of the laboratory. RESIDENCE:The act or condition of residing or dwelling in a place. REST HOME: See definition of"Nursing Home". RESTAURANT:Any land,building or part thereof where meals are provided for compensation,including a cafe, cafeteria,coffee shop, lunchroom,drive-in stand, tearoom and dining room,and including the serving of alcoholic beverages when served with and incidental to the serving of meals,where permitted by Local option. RESTAURANT. CONVENIENCE: An establishment commonly referred to as "fast casual" dining with the following characteristics: a limited menu items are made-to-order and are prepared only upon request, b food is either ordered and picked-up at a counter or served at the patrons table in a limited dine-in area, and(c)usually part of a chain or franchise establishment. RESTAURANT,FAST FOOD: A quick service restaurant with the following characteristics: (a)tonically includes drive-throus;lh sen-ice, (b) limited menu items consisting of pre-packaged quickly prepared food items;(c)food is ordered and nicked-up at a counter with no table service provided: (d) limited dine-in area: and(4)usually part of chain or franchise establishment. RETAIL STORE: A building or portion of a building providing area for the selling of new or used goods,wares, merchandise directly to the consumer for whom the goods are furnished. RINGELMANN CHART: A chart which is described in the U.S.bureau of mines information circular 6888,and on which are illustrated graduated shades of gray for use in estimating the light-obscuring capacity of smoke. RINGELMANN NUMBER:The number of the area on the Ringelmann chart that coincides most nearly with the visual density of smoke emission. ROADSIDE STAND: A temporary structure which is used solely for the display or sale of farm produce and related materials. No roadside stand shall be more than 300 square feet in ground area and there shall be no more than one roadside stand on any one premise. ROADWAY:That portion of a street which is used or intended to be used for the travel of motor vehicles. RUNWAY: A strip or area of pavement used exclusively for the landing and taking off of aircraft,or for the movement of vehicles incidental to such use. SALVAGE YARD: An open area where waste,scrap metal,paper,rags or similar materials are bought,sold, exchanged,stored,baled,packed,disassembled or handled, including auto, farm implements and machinery,and building wrecking yards,but excluding similar uses taking place entirely within a completely enclosed building. 16 SCHOOL: Elementary,high school or college,public or private,or nonprofit junior college,college or university, other than trade and business schools,including instructional and recreational uses,with or without living quarters, dining rooms,restaurants,heating plants and other incidental facilities for students, teachers and employees. SETBACK: The minimum distance maintained between a street right-of-way and the nearest supporting member of any structure on the lot,except where otherwise regulated by this ordinance. SETBACK, ESTABLISHED: When forty percent(40%)or more of the lots fronting on one side of a street within a block are improved,the existing setbacks of such improved lots shall be the"established setback" for determining the depth of the required front yards for the remainder of the lots along such street frontage, as regulated in this title. SETBACK LINE,BUILDING: See definition of Building Setback Line. SKATING RINK: An establishment that provides facilities for participant skating. SMOKE: Small gasbomegas borne particles other than water that form a visible plume in the air. SMOKE UNIT:The number obtained by multiplying the smoke density in Ringelmann numbers by the time of emission in minutes.For the purpose of this chart,Ringelmann density reading is made at least once every minute during the period of observation; each reading is then multiplied by the time in minutes during which it is observed, and the various products are added together to give the total number of smoke units observed during the total period under observation. SOUND LEVEL METER:An electronic instrument which includes a microphone,an amplifier and an output meter which measures noise and sound pressure levels in a specified manner, It may be used with the octave band analyzer that permits measuring the sound pressure level in discrete octave bands. SOUND PRESSURE LEVEL:The intensity of a sound measured in decibels mathematically described as twenty (20) times the logarithm to the base ten(10)of the ratio of the pressure of the sound to a reference pressure of 0.0002 microbar. SPECIAL USE:Any use of land or buildings,or both,described and permitted herein,subject to the provisions of Chapter 14 of this Title. STABLE,PRIVATE: Any building which is located on a lot on which a dwelling is located and which is designed, arranged,used or intended to be used for housing horses for the private use of occupants of the dwelling. STABLE, PUBLIC(RIDING OR BOARDING STABLE): A building and grounds which are designed,arranged, used or intended to be used for the storage,boarding or breeding of horses,including accessory uses which may include riding and horsemanship instructions and the hire of riding horses. STACKING REQUIREMENTS:The number of cars that must be accommodated in a reservoir space while awaiting ingress or egress to specified business or service establishments. STADIUM: Any facility,building,corral, arena,or structure of any kind designed for use as either a sports facility (including animal sports,i.e.,rodeos,horse races,etc.),entertainment facility,whether for profit or not,where activities are to be undertaken generally for the entertainment of others. Said description includes ball fields,when any type of structure is involved,skating rinks,racetracks, football or soccer fields,softball fields,gymnasiums, swimming facilities,music halls,theaters,stages or any other type of field or facility. STORY: That portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above, then the space between the floor and ceiling next above it. Any portion of a story exceeding fourteen feet(14') in height shall be considered as an additional story for each fourteen feet(14')or fraction thereof. 17 STORY,HALF:That portion of a building under a gable,hip or mansard roof,the wall plates of which on at least two(2)opposite exterior walls are not more than four and one-half feet(41I_')above the finished floor of each story. In the case of one-family dwellings,two-family dwellings and multiple-family dwellings less than three(3)stories in height,a half story in a sloping roof shall not be counted as a story for the purpose of this title.In the case of multiple-family dwellings three(3)or more stories in height,a half story shall be counted as a story. STREET: A way other than an alley which affords a primary means of access to abutting property. STREET LINE:A line separating an abutting lot,piece or parcel from a street. STRUCTURAL ALTERATIONS:Any change other than incidental repairs which would prolong the life of the supporting members of a building or structure such as bearing walls,columns,beams and girders. STRUCTURE: Anything constructed or erected which requires location on the ground or is attached to something having location on the ground. TAVERN OR LOUNGE: A building where liquors are sold to be consumed on the premises,but not including restaurants where the principal business is serving food. TAXICAB BUSINESS: A service that offers transportation in passenger automobiles and vans to persons in return for remuneration. The business may include facilities for servicing,repair,and fueling the taxicabs or vans. TERRACE,OPEN:A level and rather narrow plane or platform which,for the purpose of this title,is located adjacent to one or more faces of the principal structure and which is constructed not more than four feet(4')in height above the average level of the adjoining ground. THEATER: A structure used for dramatic,operatic,motion pictures for admission to which money is received. Such establishments may include related services such as food and beverage sales and other concessions. TITLE: Reference to"title"herein shall be construed to be the Yorkville zoning ordinance. TOURIST HOME:A dwelling in which accommodations are provided or offered for transient guests. TOXIC MATERIALS: A substance(liquid,solid or gaseous)which are inherently harmful and likely to destroy life or impair health or capable of causing injury to the well-being of persons or damage to property. TRADE SCHOOL: A school established to provide for the teaching of industrial,clerical,managerial,or artistic skills. This definition applies to schools that are owned and operated privately for profit and that do not offer a complete educational curriculum(e.g.,beauty school,modeling school). TRAILER: A vehicle without motive power,designed to be towed by another vehicle but not designed for human occupancy and which may include a utility trailer,boat trailer,horse trailer or cargo trailer. TRAILER,CAMPING:A trailer designed and constructed for temporary dwelling purposes which does not contain built in sanitary facilities and has a gross floor area of less than one hundred thirty(130)square feet. TRAILER HOUSE OR MOBILE HOME: see Mobile Home definition. TRAILER,TRAVEL: A trailer designed and constructed for dwelling purposes which may contain cooking, sanitary and electrical facilities and has a gross floor area of one hundred thirty(130)square feet or more but less than two hundred twenty(220)square feet. TREATMENT CENTER: One or more buildings designed and used for the medical and surgical diagnosis and treatment. This definition excludes Hospitals and Nursing Homes. 18 TRUCK AND TRAILER RENTAL: Leasing or renting of trucks and trailers, including incidental parking and servicing of vehicles for rent or lease. TRUCK STORAGE YARD: Any land used or intended to be used for the storage or parking of trucks,trailers, tractors,and including commercial vehicles,while not loading or unloading,and which exceed one and one-half 01/z)tons in capacity. USABLE OPEN SPACE: Ground area of a lot,Iandscaping and recreational facilities may qualify as usable open space provided that it is an area unobstructed from the ground to the sky and which: A. Is not devoted to public or private roadways or driveways and off street parking and loading; B. Is accessible and available only to occupants of dwelling units on the premises,except balconies; C. is not covered by buildings,except not more than five percent(5%)of the required open space may be recreational facilities enclosed within a building for the use of occupants of the dwelling units on the premises; D. Has not less than ten feet(10')at its narrowest dimension between either a lot line and an area not qualifying as usable open space;and E. Is developed,landscaped and maintained suitable for pedestrian,recreational and leisure use. USE: The purpose for which land or a building thereon is designed,arranged or intended, or for which it is occupied or maintained,let or leased. USE,LAWFUL:The use of any building,structure or land that conforms with all of the regulations of this title and which conforms with all of the codes,ordinances and other legal requirements as existing at the effective date hereof for the structure or land that is being examined. USE,NONCONFORMING: See definition of Nonconforming Use. USE,PERMITTED: 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 title for the district in which such use is located. USE,PRINCIPAL: The dominant use of land or buildings as distinguished from a subordinate or accessory use. USE, SPECIAL:A use that has unusual operational,physical or other characteristics that may be different from those of the predominant permitted uses in a district,but which is a use that complements and is otherwise,or can be made,compatible with the intended overall development within a district.Compliance with special standards not necessarily applicable to other permitted or conditional uses in the district shall be required as regulated in this title. VACANT LAND: a lot or parcel of land on which no improvements or structures have been constructed or active] used for any land use purpose. WAREHOUSE: A structure,part thereof.or an area used principally for the storage of groods and merchandise for wholesale or distribution,excludin bulk stora ge of materials that are inflammable or explosive or that present hazards. VIBRATION: The periodic displacement, measured in inches,of earth at designated frequency-cycles per second. YARD: An open area on a lot which is unobstructed from its lowest level to the sky,except as otherwise provided in this title. 19 YARD,FRONT: A yard extendin,;along the full width of a front lot linev.,hieh is hbounded by between the side lot lines,and has a depth between the front lot line and the front yard line. YARD, INTERIOR SIDE: A side yard which adjoins another lot or an alley separating such side yard from another lot. YARD;LINE: A line in a lot that is parallel to the lot line along which the applicable yard extends and which is not nearer to such lot line at any point than the required depth or width of the applicable yard.A building,structure or other obstruction shall not encroach into the area between the"yard line" and such adjacent lot line,except for such permitted obstructions in yards as are set forth in this title.(See section 10-24 of this chapter for diagram.) YARD,REAR:A yard extending alon« the width of the rear lo_t.line whieh is boulid between the side lot Iines, and from the rear lot line and to the rear yard line in depth. YARD, SIDE: A yard extending,along the lensgth of a side lot Iine wilioll is bounded by between the rear yard line-, and front yard line, from the side yard liner to the side lot line in%width. YARD, SIDE-ADJOINING A STREET:A yard which is bounded by the front lot line,side yard adjoining a street line and rear lot line. YARD, TRANSITIONAL: A yard that trust be provided on a lot in a Business District which adjoins a lot in a Residential District as a buffer and subject regulations provided in the Landscape Ordinance. ZONE: A district,as defined in this section. ZONING BOARD OF APPEALS: See Title 2,Chapter 2 of this code. 10-2-4: DIAGRAMS: See following pages for diagrams: 20 YAR D a BUILDING LINES REAR—LOT LINE REAR YARD I 1 I 1 �J I;�• �V .:I W 1 x 1:•: : :: r :•1 .....BUILDABLE E'ABU I�•.....L Aft EA: �.. J _ H F. j W W W I. 0 0 W m - - o GC 4 vi J I t: I I I a :J � I LBUILDING SETBACK LINE F ti � �FRONT YARD STREET ILLUSTRATION ONLY 21 FLOOR AREA RATIO FAR 0.8 0.4 _ 0.2 rRfFr ILLUSTRATION ONLY 22 TYPES OF LOTS O I OO O OI STREET o W W STREET ( INTERIOR LOT 02 CORNER LOT Q REVERSED CORNER LOT ® THROUGH LOT [LLUSTRATION ONLY 23 LOT COVERAGE 40% 20% 10% '�• r" ILLUSTRATION 11M v 24 IV c-a •. v LOT DIMENSIONS ----- - ----- 4 � I � i I � W I n 9 w m r � o ti cn l r S � I o LOT WIDTH LOT WIDTH �u —gU1LDINGTSETBAGK LIH ✓ — ----- —r � pr = I worm I qa 4 STREET ILLUSTRATION ONLY 25 CHAPTER 3 General Zoning Provisions 10-3-1: USE AND BULK REGULATIONS: A. Use.No building,structure or land shall hereafter be used or occupied, and no building or part thereof, or other structure,shall be erected,razed,moved,reconstructed,extended,enlarged or altered except in conformity with the regulations herein specified in the district in which it is located. B. Bulk: All new buildings and structures shall conform to the building regulations established herein for the district in which each building shall be located; except,that parapet walls,chimneys,cooling towers,elevator bulkheads,fire towers,stacks and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other ordinances of the City. C.Division of Zoning Lots.No zoning lot improved with a building or buildings shall hereafter be divided into two (2)or more zoning lots and no portion of any zoning lot which is improved with a building or buildings shall be sold unless all zoning lots resulting from each division or sale and improved with a building or buildings shall not be less conforming to all bulk regulations of the zoning district in which the property is located. D. Prohibited Lots: Flag-lots shall not be permitted. E. Building Height Measurement: Building Height shall be measured from the datum point established by the average of the two(2)grades along each side lot line where the front yard line meets the side lot lines to the highest point of the roof or parapet. 4� 10-3-2: OPEN SPACE ON LOTS: A.Maintenance of Yards,Courts and Other Open Spaces:The maintenance of yards,courts and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located as long as the building is in existence.Furthermore,no legally required yards,courts,other open space or minimum lot area allocated to any building shall,by virtue of change of ownership or for any other reason,be used to satisfy yard,court,other open space or minimum lot area requirements for any other building. B. Location of Required Open Space:All location of required open spaces or yards or courts and other open space allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group, except as otherwise permitted in planned development and planned open spaces. C. Required Yards for Existing Buildings:No yards now or hereafter provided for a building existing on the effective date hereof shall subsequently be reduced below,or further reduced below if already less than,the minimum yard requirements of this Title for equivalent new construction,except as provided in Section 10-10-7 of this Title, D.Permitted Obstructions in Required Yards:The following shall not be considered to be obstructions when located in the required yards specified: 1. In All Required Yards: a. Open terraces not over four feet(4)above the average level of the adjoining ground but not including a f permanently roofed-over terrace or porch; l 26 b. Awnfims and canopies adjoining the Principal structure not exceeding three feet(3')or less into required yard: c. Steps four feet(4')or less above grade which are necessary for access to a zoning lot from a street or alley: d. Chimneys projecting eighteen inches(18")or less into the yard; e. Recreational and laundry-drying equipment; f. Arbors and trellises; a Landscaping as regulated in Title R Chapter 12 Landscape Ordinance of the City Code and Section 10-3- 21 of this Title, h. Flagpoles. h. .. -Oimis 4em the beaFifle walls of ekisting dwellings,may be e:xtended inia Oithff the side or-the fear-ya D 4,)OF Morca of tho d4-eC-4iE;4!!;aiid yet have MaFe than fifty per-cent' U (2) direetians. 4shall be pefmitted-;provided, 1)that tile PFO.JeOtiffii ShA nOt PfOhibit tile ffeelian Of afk epefi �p—:� l ever six feet(N) in height enelesingan elementary or-high��=hool site.°ffa '"that thi, 2. In Front Yards: a. One story bay windows projecting three feet(3')or less into the yard; b.-Ornamental light standards; c. Overhanging eaves and gutters projecting three feet(3)or less into the required yard. 3. In Rear Yards: a. Enclosed,attached or detached off-street parking spaces; b. Open off-street parking spaces, e. AccessoEy Buildings as regulated in Section I0-3-5 of this Title. sheds.too!r-eems and •i'^r-building! d. Balconies,breezeways.open porches, and one-story bay windows projecting three feet(3')or less into the required yard_n 27 e. Overhanging eaves and gutters projecting three feet(3')or less into the required yard. 4+-any Fesidene . - . . .building.ha!!be near-er-than five foet(X) ;he d ., f'ear le litie �c�rn arcr-.rz1 id-k 4. In Side Yards: a. Overhanging eaves and gutters projecting into the required yard for a distance not exceeding forty percent (40%)of the required yard width,but in no case exceeding thirty inches(30"). b. Air-conditioning units for a distance not exceeding ten percent 10% of the required vard width.but in no case exceeding twelve inches(12"). E.Corner Clearance: There shall be no buildings.structures or plant material obstructions to vision on any corner lot between a height of two feet(2)and a height of ten feet(10')above the finished grade of either street within a forty foot(40')triangle formed by the intersecting street lines. F. Encroachment into Required Yards: It shall not be deemed a violation of the yard re uirements of this Title if a residential building or structure encroaches upon a required yard under the following conditions: a. The encroachment does not exceed six(6) inches:and b.The building or structure does not encroach upon more than one required yard. 10-3-3: LOT AREA AND DIMENSION: A.Contiguous Parcels: When two(2)or more parcels of land,each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use district in which they are located,are contiguous and are held in one ownership,they shall be used as one zoning lot for such use. B.Lots or Parcels of Land of Record:Any single lot or parcel of land held in one ownership which was of record at the effective date hereof that does not meet the requirements for minimum lot width and area may be utilized for a permitted use,provided,that yards,courts or usable open spaces are not less than seventy five percent (75%)of the minimum required dimensions or areas,except as provided in Section 10-10-7 of this Title. 10-3-4: NUMBER OF BUILDINGS ON A ZONING LOT: Except in the case of a planned development,not more than one principal detached residential building shall be located on a zoning lot,nor shall a principal detached residential building be located on the same zoning lot with any other principal building. 10-3-5: ACCESSORY BUILDINGS AND STRUCTURES: A. Permitted Accesso °Buildings: sheds- tool room~- similar buildin=s or structures for domestic or a gricultural storage. gazebos, houses- play houses;stables:garages and parking structures. B.Location:No part of any accessory building or structure shall be located closer than five feet(5')from any side or rear property line,nor closer than ten feet(10')to any main building,unless attached and a part of such main building.No accessory building or structure shall be closer to the public wav than the principal building ff,on the lot. 28 HC.Time of Construction:No accessory building or structure with a connected water supply shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory. FD.Height of Accessory Buildings or Structures in Required Rear Yards:No accessory building or portion thereof located in a required rear yard shall exceed fifteen feet(15') in height. E. uantit : No more than three 3 detached accessory structures shall be permitted on a lot. DE. On Reversed Corner Lots: On a reversed comer lot in a residence district and within fifteen feet(15)of any adjacent property to the rear in a residence district, no accessory building or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street than a distance equal to sixty percent (60%)of the least depth which would be required under this title for the front yard on such adjacent property to the rear.Further,in the above instance,no such accessory building shall be located within five feet(5')of any part of a rear Iot line which coincides with a side lot line or portion thereof of property in a residence district. 10-3-6: ACCESS TO PUBLIC STREET: Except as otherwise provided for in this title,every residential building shall be constructed or erected upon a lot or parcel of land which abuts or has public access to and upon a public street unless a permanent easement of access to a public street was of record prior to the effective date hereof, 10 3 7! REQUIRED FENCES, HEDGES AND WALL& A. A six feet(6')highri-mee�]••,•.a--mall shall be::gnstFueted alone the all ..:.]o.._..7 b the plan commissiem to be danger-aus to the pub!ie health and sa&t5- B. When r-equifed by gie zoning adfflinistratOF a SiX 1:�at(6')highsofid masemywall shall be er-eeted along the pfoperty line of zone boundar-y lines iesepamie indusirial and-e-e-imme-ricial distriets OF Uses from sr. .......�,. alone perimeter-of abutting r-esidential .disc«:..ts as F 11..,..... 1.Whefe the zone batindafy is at a rear lot line A4!ieh is not on astr-eef.the wallshall be on that line. 2. Where the boundar-y is aside lot line,the wall shall par-allelsaid side W line-and-be r-edluwod io three. 1 paFalleling the ffent pr-operty line shall beset ba---k prope"line not the a betwee., the..roll and tl.e ffent a t��l,_n c to 1.e k—in d.eape.d afld `•..t.....nd. A. Where the boundar-y is astr-eet.!he wallshall be set`'T` bakek ffem the pnap@Fty line a distaflee 1 The s a bet-,-@@n the wall and the.fope.t y line.ha!1 be 1...,,1......ped and f .,a 4. Where the boundary is an alley. the wall!;Mll be on ihe pr-epef4y line along!he alley, C. BaFbed ,, ln+mimicu to the„ ntrar., «T feneing by either laeal,state Rr-fodeml by, 10-3-8: TRAVEL TRAILERS; CAMPING TRAILERS; RECREATIONAL ITEMS: A. Permanently Affixing To Ground Prohibited:Trailers shall not be permanently affixed to the ground as principal or accessory structures on a lot in any district. 29 B. Parking And Storage Restricted: Travel trailers shall not be parked or stored on any lot other than in a lawfully established travel camp or trailer sales or manufacturing establishment; except,that in a residence district,one travel trailer may be stored within an enclosed structure on a lot.No more than one camping trailer may be parked or stored 4-,+k--openly ate ajaiin the driN ekvay of a esidt ocelot in residence district and no closer than 20 sect from td street. Camoin,trailer~stored in the open on a residential lot shall not be located within a required frow and side vard. However. a camoim-,, trailer may be stored openly in the rear vard of a residential lot,,provided that it shall: 1. Be stored on a hard surface as approved by the Zoning Administrator. 2. Be no closer than ten feet{]0')to a side or rear lot line. C. Temporary Parking:Temporary parking and use of trailers shall be permitted when a permit has been issued by the zoning administrator for the following purposes: 1. Parking in the open and use of a travel trailer for lodging purposes on the lot containing a dwelling, provided it is not parked or used thereon more than a thirty(30)day period. 2. Parking and use of trailers for temporary offices or storage uses incidental to and only for the period of time of construction of a building,provided such trailers are located on the same or contiguous lot as the building being constructed. D. Tents: Tents shall not be erected,used or maintained on any lot,except such small tents as are customarily used for recreational purposes and located on the same lot as a dwelling.Temporary use of tents for religious,amusement and recreation,business or manufacturing purposes shall be permitted when a permit has been issued for such use by the zoning administrator. E. Boats: Boats may be parked or stored in the open when in the operation of a lawfully established principal use,and one boat may be stored or parked on a lot containing a dwelling;provided,that it shall be located within the buildable area or in a rear yard and no major repair,disassembly or rebuilding operations are conducted thereon. (Ord. 1973-56A,3-28-1974) 10-3-9: AIRPORTS AND SURROUNDING TERRITORY: Airports and surrounding territory are subject to the rules and regulations of the state of Illinois,department of aeronautics and to the following: A. Height of structures in areas surrounding the boundaries of airports having an established approach plan that has been approved by the state of Illinois,department of aeronautics shall be in accordance with the requirements set forth in the approach plan. B. Height of structures in areas ten thousand(10,000)linear feet beyond the boundaries of airports that do not have an established approach plan shall be governed by the following: 1. For an airport having the longest runway less than three thousand nine hundred fifty(3,950)linear feet in length,structures located just beyond the boundaries of the airport shall not be in excess of fifteen feet (15') in height, and for every two hundred(200) linear feet of additional distance from the airport boundaries,the height of structures may be increased by not more than ten feet(10'). 2. For an airport having a runway of three thousand nine hundred fifty(3,950) linear feet or more in length, structures just beyond the boundaries of the airport shall not be in excess of fifteen feet(15')in height; and for every two hundred(200)linear feet of additional distance from the airport boundaries,the height 30 of structures may be increased by not more than five feel(S'); and where a runway has been designated as an instrument runway, the height of structures may be increased by not more than four feet(4')in every two hundred(200) linear feet of additional distance from airport boundaries for the first ten thousand (10,000)linear feet,and for the area covered in the next forty thousand(40,000)linear feet,the height of structures may be increased by not more than five feet(5')in every additional two hundred(200) linear feet. C. Structures exceeding the limiting heights shall be considered obstructions to air navigation unless found not to be objectionable after special aeronautical study. Such structures may be specifically authorized as a variation after public hearing by the zeH}Rg Zoning,board Board of Appeals as provided by law. 10-3-10: PERFORMANCE STANDARDS: The performance standards for the M-I manufacturing district as set forth in section 10-8-1 of this title,noise, smoke, odorous matter,vibration, toxic or noxious matter,glare or heat, fire and explosive hazards,shall also apply to all residence or business districts. 10-3-11: HOME OCCUPATIONS Any,'sinful activity which is not a permitted home occupation as defined in this Zoning Ordinance shall be considered a business use and is prohibited in a residence district.Any such use existing on the effective date of this Zoninu Ordinance shall be subject to provisions of Chapter 17 for the elimination of nonconforming use. In all residence districts,any customary home occupation shall be permitted provided that: A. It is conducted entirely within the dwelling by a member of the family residing in the dwelling and when such home occupation is incidental and secondary to the use of the dwelling for dwelling purposes. B. It is not conducted from a detached or attached accessory building,or require internal or external alteration, or involve construction features or use of equipment not customary in a dwelling,and the entrance to the space devoted to such occupation shall be from within the dwelling,and not more than one-fourth(1/4)of the floor area of a story,including also the lookout basement,of the dwelling is devoted to such home occupation. C. There is no display or activity that will indicate from the exterior of the dwelling that it is being used in whole or in part for any use other than a dwelling,except one nameplate, no more than one square foot in area,which contains only the name of the occupant of the dwelling and the home occupation conducted therein and is attached to the dwelling and not illuminated shall be permitted. D. It is conducted by only a member of the family residing on the premises,plus only one additional person, whether or not a member of such family. E. No mechanical equipment is used,except such as is customarily used for purely domestic or household purposes. F. No stock in trade is kept or sold including also such as are made on the premises,or services rendered on the premises that require receipt or delivery of merchandise,goods or equipment by other than U.S.letter carrier mail service or the passenger automobile of the person conducting the home occupation. G. A home occupation conducted by a professional person shall be only for consultation,instruction or performance of religious rites,but not for the general practice of the profession. 31 H. Teaching of musical instruments and dancing shall be conducted only in a single-family detached dwelling and then to not more than two(2)pupils at one time,and academic or religious instructions may be given to not more than six(6)pupils at one time in a single-family detached dwelling,and not more than one pupil at one time in any other type dwelling unit. I. In-Home Daycare,Childeare Services are permitted as home occupations subiect to the following provisions: 1. Any person operating an in-home daycare/childcare service is required to obtain a Iicense from the Illinois Department of Children and Family Services before commencing the operation of such service. 2. In-home dayeare,'childcare services are limited to no more than six(6)children at any one time.or obtain special use permit approval for additional children pursuant to Chapter 6 of this Title. J. The following home occupations are prohibited: 1. Manufacturing business. 2.Clinic or hospital 3.Animal hospital or kennel d. Restaurant S.Any activity that produces noxious matter or emplovs or produces flammable matter or is in violation of Section 10-3-10 of this Title. 10-3-12: USES NOT SPECIFICALLY PERMITTED IN DISTRICTS: When a use is not specifically listed in the sections devoted to"uses permitted",it shall be assumed that such uses are hereby expressly prohibited unless,by a written decision of the plan commission, it is determined that said use is similar to and not more objectionable than uses listed. 32 ZONING ORDINANCE GRAPHIC SAMPLES street or permanent easement of access to a public street,which easement shall have a minimum width of twenty-five (25) feet,unless an easement of lesser width was on record prior to the adoption of this ordinance. 3.2-11.2. Buildings on a zoning lot. A. Every building hereafter erected or structurally altered to provide dwelling units, shall be located on a zoning lot as herein defined and in no case,shall there be more than one (1) such building on one (1) zoning lot,except that in a two-story garage with living quarters upon the second floor such quarters may be occupied by a servant (and his family) of the family occupying the main structure.There may also be constructed a guest house (without kitchen) or rooms for guests within an accessory building,provided such facilities are used for the occasional housing of guests of the occupants of the main structure and not for permanent occupancy by others as a housekeeping unit. 3.2-11.3. Rezoning of public and semipublic areas. A. An area indicated on the zoning map as a public park,recreation area,public school site, cemetery, or other similar open space,shall not be used for any other purpose than that designated; and when the use of the area is discontinued,it shall automatically be zoned to the most restricted adjoining district until appropriate zoning is authorized by the city council within three (3) months after the date of application filed for rezoning. 3.3. Definitions. A(cll// u` F ` i.',SsoRl' S'I'RU(:I'URES AND Douched Guagc Usl:s: pr+� ACCESSORY Building STRU � 5 ed Is one which:is subordinate to and serves a principal building or principal use;and is subordinate in area, extent,or purpose to the principal building or principal use served;and contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served;and is located on the same zoning lot as the principal building or principal use served with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served. ACRE: A measure of land containing 43,560 square feet. ADULT'BUSINI'SS Any use described as an adult use in the License,Permits and USIS: Miscellaneous Business Regulations Chapter of the Aurora Municipal Code of Ordinances. 7 AUTomarlvIi A place where gasoline or any other automotive engine fuel stored only SI'RVICI?STATION: in underground tanks,kerosene, or lubricating oil or grease for the operation of motor vehicles or boats are offered for sale directly to the public on the premises. Minor automotive repairs,accessories and servicing is permitted. Major automotive or boat repairs; tire recapping; and the washing of motor vehicles where no production-line methods, mechanized devices, or combination thereof is employed are not permitted.When the dispensing, sale or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage. AU'IY)m()mu: USI:s:Any uses engaged in furnishing to the general public�,ehicular maintenance,service,repair, painting,washing, detailing, leasing or parking, excluding automotive service stations as defined herein. Auro,NIOBILE Any place where two (2) or more motor vehicles not in running WRECKING YARD: condition,or parts thereof,are stored in the open and are not being restored to operation,or any land,building or structure used for wrecking or storing of such motor vehicles or parts thereof,and including any used farm vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging of any other goods,articles or merchandise. AWNING: A roof like cover, temporary in nature, which projects from the wall of a building and „V"c overhangs the public 00 00 way. 001100 00 00 00 00 00 00 9 B.l5F.A1E�'`I': That portion of a building which is partly or wholly below grade. A basement shall not be counted as a story for purposes of height measurement when the vertical distance from the average finish grade to the floor is greater than the vertical distance from the average finish grade to the ceiling. If the average of"A" is less than or equal to V2 of STORY "B", this is not counted as a story for height measurements. A ..__._....._...----------------------- h Gradc--,-- I I If the average of"A" is STORY greater than 14 of"B", this is counted as a story for height STORY IAr measurements. ................---................... FWA Gnde- g 1 1311J,BOARD: Any structure or portion thereof upon which are signs or advertisements used as an outdoor display.This definition does not include any bulletin boards used to announce religious services or to display official court or public office notices, or signs advertising the sale or lease of the premises on which the sign is located. B1.oc:x: A tract of land bounded by streets or,in lieu of a street or streets,by public parks, cemeteries, railroad rights-of-way,bulkhead lines or shorelines of waterways or a corporate boundary line of the city. BoARDING11oUS1?: A building other than a hotel or restaurant where meals are provided for compensation to four(4) or more persons, but not more than twelve (12),who are not members of the keeper's family. BOAT Any vessel used for water travel. A boat mounted on a trailer shall be considered one vehicle. &)xn TOUSH: A building designed to serve as a private or public boathouse for the storage of boats and for the senricing of boats, boat engines and equipment. 10 BUil,i).1BI,1:ARLA: I The space remaining on a ""�` zoning lot after the minimum setback and open space requirements of this ordinance have F mom WrBACK been complied with. S�{SACK BUII.I)ING: Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors,windows or openings;and which is designed or intended for the shelter, enclosure or protection of persons,animals or chattels. Any structure with interior areas not normally accessible for human use, such as gasholders,oil tanks,water tanks,grain elevators, coalbunkers, oil cracking towers and other similar structures are not considered as buildings. BUILDING, A completely enclosed building is a building separated on all sides from Compl'u"' I;LY the adjacent open space,or from other buildings or other structures,by ENCLOSED: a permanent roof and by exterior walls or party walls pierced only by windows and normal entrance or exit doors. 11 BUILDIM; HI?IC; rr: HIP ROOF The vertical distance measured from the sidewalk H level or its equivalent J. G.. established grade opposite the middle of the front of GABLE ROOF the building to the highest point of the roof in the case i of a flat roof; to the deck H line of a mansard roof;and G to the mean height level between eaves and ridge of FLAT ROOF a gable, hip or gambrel roof; provided,that where >i buildings are set back from �. .6 the street Line, the height of the building may be GAMBREL ROOF measured from the average elevation of the finished lot 1 grade at the front of the H building. MANSARD ROOF I H J. i H=Height of Building G=Grade BUILDING LINE: See setback line,building BUILDING, Any building which does not conform to the regulations of this NoNC ONFORI ING: ordinance prescribing the maximum floor area ratio,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. 12 BUI1DINCi, PRINCIPAL: Detached Cruagc pdnciPml ACCESSORY Building SIRU Shed A building in which is conducted the main use of the zoning lot on which it is situated. BULK: The term used to describe the size and mutual relationships of buildings and other structures,as to size; height;coverage;shape;location of exterior walls in relation to lot lines, to the centerline of streets, to other walls of the same building,and to other buildings or structures;and to all open spaces relating to the building or structure. BUS Lur: Any lot or land area for the storage or layover of passenger buses or motor coaches. BUSINESS: An occupation, employment or enterprise that occupies time, attention, labor, and materials, or wherein merchandise is exhibited or sold, or where services are offered. BUSINEtis Altl.:1: A zoning lot or portion of a zoning lot designed or used for purposes other than residential. BusINE5S A structure, or lot, used in whole or in part as a place of business, the EST.ABLISI IMENI': ownership or management of which is separate and distinct from the ownership or management of any other place of business located on the same or other lot. CALIPER: The diameter of a tree trunk. For purposes of the Aurora Zoning Ordinance,the caliper of a tree drunk is measured 12" from ground level or grade. M11 e l'mnk ------�--- h{asunemgnt Locamm iz"frum F,ia4l[ �(:radr CARPORT A structure intended for shelter of an automotive vehicle on residential property,which is formed by a roof projecting from the wall of the principal structure and has at least one side permanently open to the weather,and which, for the purposes of the Zoning Ordinance,is an integral part of an architectural design for an existing or proposed principal building. 13 DIs,ouxiY: A physical or mental impairment,which substantially limits one (1) or more of a person's major life activities,impairs their ability to live independently,or a record of having such an impairment, or being regarded as having such an impairment. The term shall include,but not be limited to, persons who are developmentally or physically disabled, the mentally ill, recovering alcoholics,and those suffering from communicable diseases. The term shall not include: (i) an individual who is currently illegally using or is addicted to a controlled substance, as defined in Section 102 of the Controlled Substances Act (21 USC 802); or (ii) an individual whose tenancy,as evidenced by a history of overt acts or current conduct,would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. DISH AN ENN.v A parabolic-shaped receiver and/or transmitter for entertainment and communication transmissions. DRIVE-IN A business establishment, other than a drive-in or drive-through ES1'BUST IAII:N1': restaurant,so developed and used that its retail or service character is dependent,in whole or in part, on providing a driveway approach for motor vehicles to serve patrons while in the motor vehicle rather than within a building or structure. DRIVE IN An eating establishment whose principal business is the sale of food Rj;m*.IUR.1N'I': and beverages served directly to the customer in a motor vehicle by an employee outside the confines of the building. DRINT,-TI IRUUGI 1 An eating establishment that provides a driveway approach for the RIwt'AUIt.W'1': serving of food and beverages to customers in a motor vehicle and which may also provide an indoor seating area with a minimum of two (2) tables and four(4) chairs. Accessory outdoor seating may be provided. Carryout and delivery service must be an accessory use. DWI:I.LING: A building or portion thereof,but not including a house trailer or mobile home,designed or used exclusively for residential occupancy, including one-family dwelling units, two-family dwelling units and multiple-family dwelling units, but not including hotels,boardinghouses or lodging houses. Dwi.,LLING, Two (2) or more one-family, two-family or multiple-Family dwellings,or GROLIP: boardinghouses or lodging houses,located on one (1) zoning lot,but not including tourist courts or motels. Dwra.LlNG, r---- -- - ---� — - --, MUI:I'I111.1 ILY: VON, MINOR i on 11 l I� A building or portion thereof designed or altered for occupancy by three (3) or more families living independently of each other. 16 DWI:LI.ING, ONr- �"-----T~ --- FAMI.Y: k I � � I I i A building designed exclusively for use and occupancy by one (1) family, and entirely separated from any other dwelling by space. DwI.I,IaNC, Rcnv r---- -- - -- 1 (PARTY WALL): i j ,FMM'm� A row of two (2) to six (6) attached, one-family, party wall dwellings, not more than two (2) rooms in depth measured from the building line. DwF'.uJNC,Two- r----- ---_--, � FAMI1.Y: i I I � 1 A building designecPor altered to provide dwelling units for occupancy by two (2) families. Dxm.,.j.I.ING UNIT: One (1) or more rooms in a residential structure or apartment hotel, designed for occupancy by one (1) family, for living and sleeping purposes. EDUCATIOMU, Public,parochial, charitable or nonprofit junior college, college or IMT11UI10N: university, other than trade or business schools,including instructional and recreational uses,with or without living quarters, dining rooms, restaurants,heating plants and other incidental facilities for students, teachers and employees. I.SSI.N'1`IrU. A Commercial vehicle,excluding a tow truck or a panel truck, that is COMMERCIAL used for essential emergency twenty-four (24) hour service such as V1.111ICI.I;: electrical,mechanical and plumbing contracting,and does not exceed a State of Illinois licensure classification of"D"when the vehicle is also the owner's principal means of transportation to and from their place of employment FACADE: Any side of a building that faces a public street or a main parking area on the site. FAI,IILY: One (1) or more persons related by blood,marriage,or adoption,or a group of not more than three (3) persons (excluding servants) who need not be related by blood,marriage or adoption,living together and maintaining a common household,but not including sororities, fraternities or similar organizations. 17 Strecw 1 i2 l� I 1; 1 �_T g Corner Iau:8,9 2 $ 1 I �.4 lh�o< : . 1,7. 1D0,il,LZ 4 l 6 7 E Revered Corner Leto:1,3 3 �.�. Thrangh hint 9 t or way street G / Corner laws:8 `. \. Interior l.ou:A,C, A /D,E,r,c A parcel of land situated at the intersection of two (2) or more public E and/or private streets or adjoining a curved street at the end of a block. Lur Covi;A.1GF:: The maximum area of a zoning lot,expressed as a percentage of a lot's total area,which can be covered. This includes, but is not limited to the principal building or buildings,accessory structures, hardscape (driveways, sidewalks,pavement or any area of concrete asphalt, permeable pavement,gravel) and in-ground pools. Free-standing hot tubs,vehicles,abovS -ground pools,and decks do not count toward lot coverage calculations. Lar D[?PTA t: L The horizontal distance STREET between the front and rear lot lines measured in the � c � mean direction of the side lot lines. d I LOT WIDTH I I 22 LOT, FRONTAGE..: 5ttcct The front of a lot '�—Lot IPMUlagc--+ shall be that boundary of a lot along a public street; for a corner lot, the owner may I I elect either street line as the front II lot line. LOT, INTERIOR: � I � ( L Street J L. 1 12 � 11 10 g Corner Lott:B,9 2 Intertoa Lau:2,4,6,7, S 1 10,11,12 3 4 LL—i— --jj 6 7 l 8 I Rere[wed Cotner EA :1.3 Right of Wav Street A lot other than a corner,reversed corner,or through lot. Lar LIN1., I A side lot line of a EXTI,RIOR: SnUMT L corner lot, said line being common with a public street property line. This definition includes front lot PXOW&ETMACL lines, exterior rear lot lines and exterior side lot lines. WT 0 EX LOT LINE, A rear lot line on a zoning lot that abuts a right-of-way. I.X I'E,RIOR REAlk: LOT LINE, A side lot line on a zoning lot that abuts a right-of-way. EXTERIOR SIDE: 23 Lur LINI., FROM The front property line of a zoning lot. (see figure in definition of lot line, exterior) Lur LINT., A side lot line common with another lot and which does not abut a IN•1'LRIOR: right-of-way. This definition includes interior side lot lines and interior rear lot lines. (see figure in definition of lot line, exterior) LO'I'LINE', A rear lot line that does not abut a right-of-way. IN'1'1sRIOR REAR: LOT LINE, A side lot line that does not abut right-of--way. INTERIOR SIDEI: LOT LINt.,R:AR: The "rear lot line" is the lot line or lot lines most parallel to and most remote from the front lot line. Lot lines other than front or rear lot lines are side lot lines. (see figure in definition of lot line, exterior) LO'r,Rlwi-*,RSI.D L CORNEM: 1 Street •���' • L• 12 l 1� 9 Caner Lms.B,9 Iatetior late.2,4,6,7, 2 -1 5 10,1],12 4 I 6 I 7 f 6 I Revered Corner Lots:1_1 3 �, Through lot+:5 ht of Way Street A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not. LO•r,Ti IRO UGI I L (A ISO REPFE?RM)TO i $ ASA DOUBLE FRONrAGH L(n): i 1 T L 12 � 11 1p l g Corner LOU:B,9 2 I Interior Late:2,4,6,7, 4 6 I 7 I 9 I Revered Coma law 1,3 3 I � L_L„�,J 'Through Lots:5 ht oC W� Street A lot having frontage on two (2) parallel or approximately parallel streets, and which is not a corner lot. 24 Roor'n hrs The Fallowing roof types are illustrative examples of roofs types referenced to in the zoning ordinance. HIP ROOF GAMBREL ROOF FLAT ROOF 00 � GABLE ROOF MANSARD ROOF eE Cn SETBACK The minimum distance by which any building or structure must be separated from any existing or proposed lot lines. SETBACK LINT: A line designating the minimum distance a building or structure must be setback from any existing or proposed lot line. SETBACK LINE, BUII DING: – i The line nearest the r 1 front of and across a i lot establishing the I I minimum open i space to be provided z , I between the front s line of a building or structure and the BUILDING —LINE street right-of-way line Pubhc street R.O.W. 31 SETBACK LINE;, I L A Line parallel to and Ex"I' AJAR: snPSr at a distance from the exterior lot line that Lor LINE,FRONT establishes the minimum distance between the exterior M*RSE-Mcx lot line and a structure on a lot. n=MOR REAR m SEnACH SF BACK LINE, A fine parallel to and at a distance from the interior lot line that INTERIOR: establishes the minimum distance between the interior lot line and a structure on a lot (see figure in definition of setback line, exterior). SETBACK LINE, A line parallel to and at a distance from the front lot Line that FRONT establishes the minimum distance between said lot fine and a structure on a lot(see figure in definition of setback line, exterior). SETBACK LINE, A line parallel to and at a distance from the front lot line that FX THRIOR FRONT: establishes the minimum distance between said lot line and a structure on a lot (see figure in definition of setback line, exterior). SE.IBACK LINIi, A line parallel to and at a distance from the exterior rear lot line that 1 ITAIOR REAR: establishes the minimum distance between said lot line and a structure on a lot (see figure in definition of setback line, exterior). SETBACK LINF", A line parallel to and at a distance from the exterior rear lot line that EXTERIOR SIDE: establishes the minimum distance between said lot fine and a structure on a lot (see figure in definition of setback line, exterior). 32 SMOKE UNITS: Smoke units represent the number obtained by multiplying the smoke density in Ringelmann Numbers by the time of emission in minutes. For the purpose of this calculation,a Ringelmann density reading is made at least once every minute during the period of observation; each reading is then multiplied by the time in minutes during which it is observed,and the various products are added together to give the total number of smoke units observed during the total period under observation. SPI:Ci.I .USi.: Any use of land or buildings, or both, described and permitted herein, subject to the provisions of the Use Regulations Section. S•i,,\Hi.i.,,Livi-my: Any building, other than a private stable, designed,arranged, used or intended to be used for the storage of horses and horse-drawn vehicles, or both. STORY: That portion of a building included between the ..___. .... surface of any floor and the surface of the floor next H=14' 1 story,Slrr,en,re above it,or if there be no floor above it, then the When H=14'or less,the space between the floor structure is considered 1 story and the ceiling next above it. Any portion of a story exceeding fourteen (14) ... feet in height shall be considered as an additional H=30' 3 Story structure story for each fourteen (14) feet or fraction thereof. When H=greater than 14',then each portion exceeding 14'in height shag be considered as an additional story. STORY, Ku,i: A half story is that portion of a building under a gable,hip or mansard roof, the wall plates of which, on at least two (2) opposite exterior walls,are not more than four and one-half(4 1/2) feet above the finished floor of such story. In the case of one-family dwellings, two- family dwellings,and multiple-family dwellings less than three (3) stories in height,a half story in a sloping roof shall not be counted as a story for the purpose of this ordinance. In the case of multiple-family dwellings,three (3) or more stories in height,a half story shall be counted as a story. S7Rlsl;1': A public way other than an alley,including the following types: arterial, major collector, minor collector,local, and limited-access highway. 34 •�� t s: Aw ICE f D. Ornamental Iron. Any wrought iron,metal, or composite fence,of primarily open design, consisting of straight or curved bars or pieces,including metal vertical pi ket fences. Exam les of ornamental iron fences are shown below. E. Chain Link. A fence of primarily open design consisting of an interlocking pattern of wire,metal or coated metal of at least 1/8"in diameter supported by vertical and/or horizontal bars or posts of at least one and one-half inches (1 'A" in diamcLcc. l am les of'chain link fences are sshown below. F. Lattice. A framework or structure of crossed wood,metal, or composite material. Exarra les of lattice fences are shown below. dy,* ♦♦+oar}### 1fYt11awamaY[KoofIran) ### i� #{# Mitllll[7C�7ERKI(91l�M�[KT �i• milk * *#!# * # :i`[f[[!![!1[4[�Ri AEI �r �il�I[[[[[ 9 90 i A aq it G. Wire Mesh. A fence of primarily open design consisting of an interlocking pattern of wire less than 1/8"in diameter supported by vertical or horizontal bars or posts less than one and one-half(1 '/z") in diameter. 45 FENCE HEIGHT WITH A POST CAP IN EXCESS OF SIX(6)INCHES F1:NCL Iili1GH'I' It 1.11111 ILL14 Lom 4.2-4.6. Sight Triangle. Within fifteen horizontal feet (15') of intersecting prop err3�lines at public T IN V 6 streets,walks, driveways,bike paths,or T walking paths, fences shall not exceed SAMT-IK]AM;1.k4 Imam - � three (3') feet in height,whether solid Aa rm Cs"t *dVe(3)kH. or open fencing is used. 4.2-4.7. Maintenance. The International Property Maintenance Code shall regulate fence maintenance. 4.2-4.8. Construction. The International Property Maintenance Code shall regulate proper construction standards for fences including but not limited to post materials and installation. 4.2-4.9. Materials and Uniformity. A. Fences shall be constructed of materials customarily used and manufactured as common fence materials. Examples of common fence materials are described and illustrated in the fence classifications portion of this section. B. Fences shall be of uniform height, material, type, color and design,and shall be so for the extent of the entire length of fence, except where a fence transitions from one yard to another or from one height to another per the requirements of this article. C.Wire mesh shall not be considered a common fence material and is prohibited, however,wire mesh may be used for functional purposes such as a border for gardens when the height does not exceed three (3) feet. D.Wood fences shall be made of a species either pressure treated or having natural resistance to decay. E. Lattice used as fences shall be completely framed using uniform framing materials. F. Chain link fences shall include a top rail. G. Fences with tarps and other similar coverings secured to fence are prohibited. 47