§ 17.08.010. Definitions.

For the purpose of this title and in order to carry out its provisions and intentions, certain words, terms and phrases shall be deemed to have the meaning ascribed to them in this article, except when the context clearly requires otherwise.

Words used in the present tense shall include the future tense. Words in the singular number include the plural number, and words in the plural number including the singular number. The word "lot" shall include the word "plot." The word "shall" is mandatory and not directory. District shall mean zone and vice versa.

"Abandonment" means an action to give up one's rights or interests in property.

"Accessory use" or "building" means a use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.

Agricultural Uses, Bonafide. "Bonafide agricultural uses" means all uses commonly classed as agriculture, horticulture, or forestry, including crop and tree farming, gardening, nursery operation, dairy farming, stock raising, domestic animals and poultry breeding and raising (not including raising of fur bearing animals, or animal hospitals) and forestry operations together with the operation of any machinery or vehicles incidental to the above uses.

"Alley" means a way which affords only a secondary means of access to abutting property.

"Alteration" as applied to a building or structure, means a change or rearrangement in the structural parts or in the means of egress; or an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another.

"Apartment" means a room or suite of rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen facilities, permanently installed, must be included in each apartment.

"Awning" means a canopy, either stationary or retractable, projecting from the front of a building whose primary purpose is shelter from the elements.

"Basement" means that portion of a building which is partly below and partly above grade, and having at least one-half its height above grade. A basement shall be counted as a story for the purpose of building height measurement.

"Buildable area of a lot" means the space remaining on a lot after complying with the minimum open space zoning requirements.

"Building" means any structure used or intended for supporting or sheltering any use or occupancy, but is accessible for human use.

Building, Height of. "Height of building" means the vertical distance measured, in the case of flat roofs, from the curb level to the level of the highest point of the roof beams adjacent to the street wall, and in the case of pitched roofs, from the curb level to the main height level of the gable. Where no roof beams exist or where there are structures wholly or partly above the roof, the height shall be measured from the curb level to the level of the highest point of the building. For buildings set back from the street line, the height of the building may be measured from the average elevation of the finished grade along the front of the building.

Building, Nonconforming. "Nonconforming building" means any building which was legally constructed prior to the effective date of the ordinance codified in this title or subsequent amendment thereto, which would not be permitted as a new structure under the terms of this title because the structure is not in conformance with the setback, yard and/or height requirements of the zone in which it is located.

Building, Principal. "Principal building" means a building in which the main use of the lot on which it is situated is conducted.

"Building setback line" means a line parallel to the lot line at a given distance from it, regulated by the setback requirements provided in this title.

"Cellar" means a story having more than one-half of its height below the average level of the adjoining ground. A cellar shall not be counted as a story for the purposes of height measurement.

"Curb level" means the average elevation of the established curb of a street taken along the curb line between the points of intersection of the curb line and the lot lines; where no curb has been established the curb level shall be the average elevation of the land surface taken along the street right-of-way line between the points of intersection of the right-of-way line and the lot lines.

"Dwelling" means any building which is wholly or partly used or intended to be used for living or sleeping by human occupants; provided that temporary housing as hereinafter defined shall not be regarded as a dwelling:

1.

One-family Dwelling. A building containing one dwelling unit which lodges one family as hereinafter defined;

2.

Two-family Dwelling. A building containing two dwelling units with not more than two families as hereinafter defined;

3.

Multi-family Dwelling. A building or portion thereof containing more than two dwelling units and not classified as a one-or-two family dwelling;

4.

Boarding House. A building used for the lodging, with or without meals, of not more than five individuals, and where compensation is paid in money, goods, or labor. A boarding house shall comply with all the requirements for single-family dwellings. A boarding house shall be considered one dwelling unit;

5.

Dormitory. A space in a building where group sleeping accommodations are provided for persons who are not members of the same family group, in one room or in a series of closely associated rooms.

6.

Hotel/Motel. Any building containing six or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests.

"Dwelling unit" means one or more rooms, including a kitchen or kitchenette, located within a residence providing complete living facilities for one family by containing facilities and equipment for living, sleeping, cooking and eating.

"Efficiency unit" means a dwelling unit consisting of one principal room for living, sleeping and eating, plus facilities for cooking and with complete bath and toilet facilities.

"Facade" means that portion of any exterior elevation on a building extending from grade to top of the parapet wall or eaves and the entire width of the building elevation.

"Family" means an individual or two or more persons related by blood, marriage or law, or a group of not more than five persons (excluding servants) who need not be so related, living together in a dwelling unit.

"Floor area" means the total amount of interior floor space, measured in square feet, of any one permitted or special use of a structure.

"Illuminated sign" means any sign which has non-flashing lighting as part of the sign, whether the light is projected onto the sign, the light is behind an opaque surface of a sign, or light is used as part of the design as in neon signs.

"Lot" means a single unified tract of land located within a single block and which is to be used, developed, or built upon as a unit under single ownership or control.

Lot, Corner. "Corner lot" means a parcel of land situated at the intersection of two or more streets or adjoining a curved street at the end of a block.

"Lot depth" means the horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

"Lot frontage" means the front of a lot shall be that boundary of a lot along a public or private street; for a corner lot, the owner shall have two front lot lines that comply to front yard requirements.

Lot, Interior. "Interior lot" means a lot other than a corner lot or reversed corner lot.

Lot Line, Front. "Front lot line" means the front property line of a lot.

Lot Line, Interior. "Interior lot line" means a side lot line common with another lot or abutting a right-of-way.

Lot Line, Rear. "Rear lot line" means the rear lot line or lot lines most nearly parallel to and most remote from the front lot lines.

"Marquee" means any hood, canopy or other structure of permanent construction projecting from the front wall of a building for an advertising purpose.

"Mobile home" means a structure designed to be used for human habitation, carrying or storage of persons or property, not having a permanent foundation, being able to be easily equipped with wheels or other devices to be transported from place to place, except, however, that camping trailers shall not be defined as mobile homes.

"Mobile home park" means a minimum five acre plot of ground containing a maximum density of eight mobile home spaces per acre which are occupied for dwelling or sleeping purposes regardless of whether a charge is made for such accommodations.

"Mobile home space" means a lot or plot of ground within a mobile home park designed for the accommodation of one mobile home based on standards contained herein.

"Planned residential development" means a development pattern and technique wherein structures are arranged in closely related groups consisting of dwelling units in detached, semi-detached, attached, multi-storied structures or any combination thereof.

"Portable storage container" means any walk-in wheel-less enclosed structure designed or used for the purpose of transporting multiple items of personal property from one location to another or designed or used for the purpose of storing personal property. Characteristics of a portable storage container may include but are not necessarily limited to integrated support structures allowing for the lifting of the container by a forklift or crane and a flat top upon which other similar containers may be stacked and safely supported.

"Ringelmann Chart" means a chart which is described in the U. S. Bureau of Mines Information Circular 7718, and on which are illustrated graduated shades of grey for use in estimating the light-obscuring capacity of smoke.

"Ringelmann Number" means the number of the area on the Ringelmann Chart that coincides most nearly with the visual density of smoke emission.

"Setback" means for any structure facing on a public street, the distance between the center-line of the street and the nearest part of the principal building on the adjoining lot.

"Sign" means any name, identification, description, display, illustration or device which is affixed to or represented directly or indirectly upon a building, structure or land in view of the general public and which directs attention to a product, place, activity, person, institution or business. For the purposes of this title, a double-hung sign shall be considered as one sign.

"Sign area" means the total area of the space to be used for advertising purposes, including the background structure and other decoration or addition which is an integral part of the sign, and excluding any supports, posts, or braces.

Sign, Freestanding. "Freestanding sign" means a sign completely or principally self-supported by posts or other supports in or on the ground and independent of any building or other structure.

"Sign height" means the distance between the point at which the sign structure enters the ground and the uppermost portion of the sign.

Sign, Portable. "Portable sign" means a freestanding sign not permanently anchored or secured to either a building or the ground such as, but not limited to, A-frame or inverted T-shaped signs.

Sign, Projecting. "Projecting sign" means a sign, other than a wall sign, which projects from and is supported by, or attached to, a wall of a building or structure.

Sign, Roof. "Roof sign" means a sign erected, constructed, or maintained wholly upon or over the roof of a building or structure.

Sign, Wall. "Wall sign" means a permanent sign displayed on or visible through a wall of a building or structure so as to be seen primarily from the direction facing that wall of the building or structure. A wall sign attached to the exterior wall of a building or structure does not project more than fifteen inches therefrom.

"Single ownership" means ownership by an individual, partnership, association, corporation, or organization.

"Small Wind Energy Conversion System" or "Small WECS" means any wind energy conversion system consisting of a single wind turbine having a maximum generating capacity of one hundred kilowatts that is intended to generate energy for an individual property primarily for the purpose of reducing energy consumption on that property.

"Smoke units" means the number obtained by multiplying the smoke density in Ringlemann 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 was observed; and the various products are added together to give the total number of "smoke units" observed during the total period under observation.

"Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it.

Story, First. "First story" means the lowermost story entirely above the grade plane.

Story, Half. "Half story" means a story under a gable, hip or gambrel roof, the wall plates of which at least two opposite exterior walls are not more than two feet above the floor of such story.

"Street" means any public or private way dedicated to public travel twenty feet or more in width. The word "street" shall include the words "road" and "highway."

"Structure" means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures including buildings, walls, fences, billboards, and signs.

Structure, Nonconforming. "Nonconforming structure" means any structure which was legally constructed prior to the effective date of the ordinance codified in this title or subsequent amendment thereto, which would not be permitted as a new structure under the terms of this title because the structure is not in conformance with the setback, yard, and/or height requirements of the zone in which it is located.

"Toxic materials" means a substance (liquor, solid or gaseous) which, by reason of an inherent deleterious property, tends to destroy life or impair health.

"Use" means the purpose or activity for which a building, structure, or land is occupied or maintained.

Use, Nonconforming. "Nonconforming use" means a use of building or land lawful at the time of enactment of this ordinance that does not conform with the "permitted use" provisions of this title.

"Waste dumpster" means a receptacle, box, bin, roll off container or other container having a volume greater than one hundred gallons designed or used for the collection and disposal of bulk waste or debris.

"Wind Energy Conversion System" or "WECS" means an electric generating facility, whose main purpose is to supply electricity, consisting of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.

"Yard" means an open space on the same lot with a principal building which is open, unoccupied, and unobstructed by buildings except as otherwise provided in this title.

Yard, Front. "Front yard" means the yard extending across the entire width of the lot between the street right-of-way which the building faces and the nearest part of the principal building.

Yard, Rear. "Rear yard" means the yard extending across the entire width of the lot between the rear lot line and the nearest part of the principal building.

Yard, Side. "Side yard" means the yard extending along the side lot line from the front yard to the rear yard and lying between the side lot line and the nearest part of the principal building. Driveways and sidewalks shall not be permitted in any required side yard.

"Zero lot line duplex" means a two-family dwelling which has been not only designed for separate ownership of each of its two individual dwelling units, but also approved in accordance with the procedures set forth in this zoning code.

"Zoning board," in this text, refers to the Zoning Board of Appeals of the Village of Metamora, Illinois.

"Zoning lot" means the same as a "lot."

"Zoning maps" means the official zoning map incorporated herein as a part hereof, designating zoning districts and entitled "Zoning District Map of Metamora, Illinois."

(Ord. No. 2008-6, § 2, 7-1-2008; zoning ordinance dated 6/3/03 Art. II)

(Ord. No. 2013-7, § 1, 6-18-2013)