For the purpose of this Chapter, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the word "structure" and the word "shall" is mandatory and not directory.

Abandonment. An action to give up one’s rights of interests in property.

Abutting. Having a common border with or being separated from such common border by an alley or easement.

Accessory Building. An "accessory building" 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.

Accessory Use. A subordinate use which is incidental to that of the main building or use and which is located on the same lot with such main building or use.

Administrative Official. The person designated by the City to enforce and administer the provisions of this Title or his duly appointed representative(s).

Agriculture. Any one or any combination of the following: the growing of farm or truck garden crops, dairying, pasturage, horticulture, floriculture, viticulture, or animal/poultry husbandry. The term "agriculture" encompasses the farmhouse, and accessory uses and structures customarily incidental to agricultural activities together with the operation of equipment, machinery and vehicles to perform the listed activities.

Alley. A public or private thoroughfare permanently reserved as a secondary means of access to abutting property.

Apartment. A dwelling or building containing two (2) or more dwelling units, each having a separate kitchen and bath facility.

Automotive Repair. General repair, rebuilding, or reconditioning of engines, motor vehicles, trailers; collision services including body, frame or fender straightening or repair; overall painting or paint shop; vehicle steam cleaning.

Automotive Sales. The sale of new or the sale of new and used vehicles, motor homes, recreational vehicles, horse trailers and motorcycles.

Basement. That portion of a building that is partly or completely below grade. A basement shall be counted as a story if the vertical distance from the average adjoining grade to the ceiling is over five feet.

Bed and Breakfast. An operator-occupied residence providing accommodations for a charge to the public with no more than five guest rooms for rent, in operation for more than 10 nights in a 12-month period. Breakfast may be provided to the guests only. Bed and breakfast establishments shall not include motels, hotels, boarding houses, or food service establishments. This definition shall conform to the definition contained in 50 ILCS 820/2(a), as may be amended from time to time.

Boarding, Lodging or Rooming House. A residential building containing guest rooms where meals and/or lodging for compensation are provided for not exceeding eight (8) persons.

Building. A structure having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals or chattels, and when separated by diversion walls from the ground up and without openings, each portion of such building shall be considered a separate building.

Building, Height of. 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 building for flat roofs; to the deck line for mansard roofs; and to the mean height level (between eaves the ridges) for gable and hip roofs. Where a building is located on a terrace, the height may be measured from the average ground level of the terrace at the front of the building. The height of accessory buildings shall be measured from the floor level, which shall not be raised more than six (6) inches above the normal grade of the lot.

Building Inspector. The person so designated by the City to enforce all laws and codes relating to the construction, removal and demolition of buildings and structures.

Club/Lodge. A nonprofit association of persons who are bonafide members organized from some purpose(s) and paying regular dues and whose facilities are restricted to members and their guests; not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

Commercial Uses. Any use or establishment wherein services are rendered or goods are purchased or sold, whether to the consuming public (retail) or to other businesses (wholesale).

Day Care Home. A licensed home occupation maintained within a family home which receives not more than eight (8) children within a twenty-four (24) hour period. The maximum of eight (8) children includes the family’s natural or adopted children under age eighteen (18) and those children who are in the home under full time care.

Day Care/Night Care Center. Any child care facility receiving more than eight (8) children for daytime or nighttime care during all or part of a day including facilities commonly called, "child care centers", "day nurseries", "nursery schools", "kindergartens", "play groups", and centers or workshops for mentally or physically handicapped, with or without stated educational purposes. The term does not include kindergartens or nursery schools or other daytime programs operated by public or private school systems or secondary level school units or institutions of higher learning.

Detached. As applied to buildings, "detached" means unconnected to a primary building located on the same lot.

District. A section of the City of Flora for which uniform regulations governing the height, area, size and use of buildings and premises within said section are established.

Drive-In Establishment. A commercial establishment where the product or service is delivered from the building to customers in parked motor vehicles.

Drive-Thru Establishment. A commercial establishment where the product or service is directly handed to customers in motor vehicles, usually through a window.

Dwelling. A building or portion thereof, used primarily as a place of abode for one (1) or more persons, but not including hotels, lodging or boarding houses or tourist homes.

Dwelling, Multiple. A building, or portion thereof, used and designed as a residence for three (3) or more families living independently of each other, and doing their own cooking in said building, including apartment hotels and group houses.

Dwelling, Single-Family. A detached building designed for and occupies by one (1) family exclusively.

Dwelling, Two-Family (Duplex). A detached building designed for and occupied by two (2) families living independently of each other.

Dwelling Unit. A group of two (2) or more rooms, one of which is either a bathroom or kitchen, designed for occupancy by one family for living and sleeping purposes.

Family. One or more persons occupying a dwelling and living as a single housekeeping unit, all of whom, or all but two of whom are related to each other by birth, adoption or marriage, as distinguished from a group occupying a residential group home or hotel as defined in this Chapter.

Filling Station. Any building or premises used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils, or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories, but not including major repair work such as motor replacement, body and fender repair or spray painting.

Floor Area, Residence. The area of a residence exclusive of garage, carport, breeze way, porch or basement.

Frontage. All the property fronting on one side of a street between the nearest intersecting streets or between a street and a right-of-way, waterway, or other similar barrier.

Garage, Private. A building for the private use of the owner or occupant of a principal building situated on the same lot of the principal building for the storage of motor vehicles with no facilities for mechanical service or repair of a commercial or public nature.

Garage, Public. A building or portion thereof other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing, or parking motor-driven vehicles. The term "repairing" shall not include the dismantling or storage of wrecked or junk vehicles.

Garage, Storage. A building or portion thereof designed or used exclusively for term storage by prearrangement of motor-driven vehicles, as distinguished from daily storage furnished transients and at which automobile fuels and oils are not sold, and motor-driven vehicles are not equipped, repaired, hired or sold.

Grade. The average elevation of the finished ground at the exterior walls of the main building.

Home Occupation. An accessory use conducted in a residential dwelling which is a) clearly incidental and secondary to the use of the dwelling, and does not change the character of the dwelling; b) of which there is no indication from the exterior, other than a sign as permitted under Section 4 below, that the dwelling is being utilized in whole or in part for any purpose other than a dwelling; and c) the home occupation is for financial gain, and further that:

(1) the home occupation is conducted wholly within the dwelling and not within any accessory building;

(2) the is no outside storage or display of materials in connection with the home occupation;

(3) is conducted only by a member of the family residing on the premises;

(4) there are no signs other than a two square foot sign with the resident’s name and occupation, and the sign does not contain flashing, moving or intermittent illumination;

(5) the home occupation will not create more than 12 trips a day to and from the dwelling by customers of the home occupation;

(6) no mechanical equipment is used except such as is permissible for domestic, household, or office purposes.

(7) no occupational use shall be made of any garage facilities, portable or permanent sheds, removable or permanent carports or other accessory structures whether temporary or       permanent in nature and whether attached or detached.

     (Amended 02/16/2016; Ordinance #16-2744)

Hotel. A building containing guest rooms where lodging is provided for more than eight (8) persons and which is open to transient guests, in contradistinction to boarding, lodging or rooming houses.

Industry, Light. An industrial use that is not manufacturing and does not have the characteristics of a heavy, manufacturing use.

Institution. A nonprofit establishment for public use.

Junk Yard. Any are where scrap, metal, paper, rags, rubber products, plastic or similar materials are bought, sold, exchanged, stored, baled, packed, dissembled, or handled, including auto and building salvage yards; but not including areas where such uses are conducted entirely within a completely enclosed building.

Loading Space. An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts on a street, alley or other appropriate means of access.

Lot. Land occupied or intended to be occupied by one main building and its accessory buildings and including as a minimum such open spaces exclusive of street areas as are required under this Title and having frontage on a public or private street or road.

Lot, Corner. A lot abutting upon two or more streets at their intersection.

Lot, Depth of. The mean horizontal distance between the front and rear lot line.

Lot, Double Frontage. An interior lot having frontages on two streets.

Lot of Record. A lot which is a part of a subdivision, the map of which has been recorded in the office of the County Recorder or a parcel of land, the deed of which was recorded in the office of the County Recorder prior to the adoption of this Title or amendment thereof.

Lot Width. The width of a lot at the front yard line.

Manufactured Housing. Housing classed as A, B, or C, defined as follows:

1)

Class A: Modular Housing. A building assembly or system of building subassemblies, designed for habitation as a dwelling unit for one or more persons, including the necessary electrical, plumbing, heating, ventilating and other service systems, which is of closed or open construction and which is made or assembled by a manufacturer, on or off the building site, for installation, or assembly and installation on the building site, with a permanent condition. Class A housing must satisfy the following criteria:

a. Affixed to a permanent full-perimeter foundation consisting of materials such as concrete or concrete block which extends into the ground below the frost line, as defined in the CABO One and Two Family Dwelling Code.

b. Approved and certified by the State of Illinois Department of Public Health. An approved housing unit will have a yellow seal on the electrical panel box of the home.

c. Have a minimum width of twenty-four (24) feet.

d. Have a minimum roof pitch of 1 in 4.

e. Meet the Illinois State Plumbing Code, the National Electrical Code, the One and Two Family Dwelling Code, the ASHRAE Energy Standard, and all local housing codes.Modular housing as defined herein is permitted in any residential district. No distinction is made between this type of housing and site-built housing.

 

2) Class B: Sectional Mobile-Home.

Factory-built housing, transportable in one or more sections to the site, built on a permanent chassis, and designed to be used a s dwelling unit when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, and satisfying the following criteria:

 

a. Affixed to a permanent, full-perimeter foundation consisting of materials such as concrete or concrete block which extends into the ground below the frost line, as defined in the International Residential Code.

 

b. Constructed after June 15, 1976 in compliance with the National Manufactured Home Construction and Safety Standard Act of 1974 (HUD Code). An approved housing unit will have a red metal HUD label permanently affixed to the rear of each towable unit.

 

c. Having a minimum roof pitch of 1 in 4.

 

d. Having a minimum width of twenty-four (24) feet.

 

e. The age of said mobile home shall not be greater than ten (10) years prior to the current model year.

 

Class B Sectional Mobile Homes are permitted in A-1 Districts, and may be permitted by Special Use Permit only in A-2, R-2, R-3, R-4, MF-1, and C-2 Districts. (Amended 5/16/94; Ordinance #94-1204 and 2/22/05; Ordinance #05- 1902).

 

3) Class C: Mobile Home

. Factory-built, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on site is three hundred twenty (320) or more square feet, 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 contained therein.

The age of said mobile home shall not be greater than ten (10) years prior to the current model year. (Amended 02/22/05; Ordinance # 05-1902).

 

Class C Mobile Homes shall be permitted in approved Mobile Home Parks only.

 

Mobile Home Park. A tract or tracts of land developed with facilities for accommodating five (5) or more mobile homes, only by non-transient dwellers remaining continuously for more than one (1) month, whether or not a charge is made. It shall not include a sales lot in which unoccupied mobile homes or other trailers are parked for the purpose of inspection or sale, except mobile homes located in a mobile home park offered for sale by the owner or his representative.

Nonconforming Use. A building or premises that does not conform in its use or otherwise with all of the regulations applicable to the district in which such building or premises is located.

Nursery. The commercial growth of plants, usually in greenhouses, for wholesale or retail sale.

Nursing Home. A building where, for compensation, care and lodging are provided for the mentally ill, the sick, the orphaned, the elderly, the poor, the feeble, the drug addict or the alcoholic where such use is not accessory to family use.

Parking Space, Off Street. A space other than a street or alley designed for parking of a motor vehicle.

Permitted Use. Any use which is specifically authorized in a particular zoning district.

Principle Use. The primary use of land or structures as distinguished from a secondary or accessory use. A house is a principle use in a residential area; a garage or pool is an "accessory use."

Property Owner. The person in whose name the surface of the land is assessed for purposes of taxes imposed pursuant to the Revenue Act of 1939 (Chapter 120, Par. 482 et seq., Ill. Rev. Statutues) according to the records of the Supervisor of Assessments of Clay County, Illinois, as certified by said assessor.

Recreational Vehicle/Trailer. A term encompassing any type of vehicle used primarily for pleasure such as travel trailers, motor homes, boats, snowmobiles, etc., designed and used only for temporary purposes.

Residential Care Facilities. A building or buildings housing four (4) or more, but not exceeding fifteen (15) individuals, who, because of age, mental instability, or other reasons must reside in a supervised environment but who are physically capable of responding to an emergency situation without personal assistance and who have been deemed pursuant to the provisions of Chapter 3, Article IV of the Illinois Mental Health and Developmental Disabilities Code, not dangerous to themselves or others. Included in such uses are convalescent facilities, group homes, homes for the aged, mentally retarded care facilities, nursing homes (ambulatory) and orphanages.

School, Private. Any school other than a public school, including schools owned and operated by a business establishment, a foundation or an institution, as well as private or parochial elementary, junior or senior high schools, or private and parochial colleges and universities.

School, Public. Any school operated by a public school district or by a city, county, state or federal governmental agency.

Setback. The distance in linear feet measured on a horizontal plane from the center line of a street and/or from a lot line to a building or structure on the lot.

Special Use. A use that has unusual operational, physical, or other characteristics which distinguish it from the permitted uses of a district, but which can be made compatible with the intended overall development within a district. Special uses commonly must meet special standards not necessarily applicable to permitted uses in the district, and area, allowed only by permit.

Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, the space between such floor and the ceiling above it. A basement shall be counted as a story if its ceiling is over five feet above the average level of the finished ground surface adjoining the exterior walls of such story, or if it is used for business or dwelling purposes.

Street. That portion of the dedicated public thoroughfare both improved and unimproved which affords the principle means of access to abutting property.

Street Line. The street line is the dividing line between the street and the lot, otherwise designated as the property line.

Structural Alterations. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders or any substantial change in the roof or in the exterior walls.

Structure. Anything constructed or erected which is supported directly or indirectly on the earth.

Used Car Lot or Sales. The annual sale of more than four used vehicles not in conjunction with an automotive sales establishment.

Variance. A variance grants relief from specific limitations of this Title with reference to the structure to be constructed on a given lot.

Yard. An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

Yard, Front. A yard extending the full width of the lot between a main building and the front lot line.

Yard, Rear. A yard extending the full width of the lot between a main building and the rear lot line. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.

Yard, Side. A yard extending from the front yard to the rear yard and measured between the side lot line and the building.

Zoning Board of Appeals. The City of Flora Zoning Board of Appeals as established by this Title and referred to herein as the Zoning Board of Appeals, Zoning Board or Board.

Zoning Map. The map or maps incorporated into this Title, as a part thereof, designating zoning districts.