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Chapter 15 - Zoning
Division 3 - Rules and Definitions

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SEC. 15.3-1 RULES OF CONSTRUCTION. The language set forth in this Code shall be interpreted in accordance with the following rules of construction, unless the context clearly requires a different construction:

  1. The singular includes the plural and the plural the singular.
     
  2. The present tense includes the past and future and the future includes the present.
     
  3. The word “shall” is mandatory, while the word “may” is permissive.
     
  4. Terms connotating a particular gender shall include each and every gender.
     
  5. Whenever a word or term defined hereinafter appears in the text of this Code its meaning shall be construed as set forth in the definitions thereof, and any word appearing in the parenthesis between a word and its definition shall be construed in the same sense as that word.
     
  6. All measured distances shall be to the nearest integral foot and if a fraction is one-half (1/2) foot or more the integral foot next above shall be taken.
     
  7. All words and terms not defined herein shall be construed in their generally accepted meanings.
     
  8. The terms Corporate Authority, Mayor and Council, President and Board of Trustees, Town Council and Council all mean the President and Board of Trustees of the Town of Normal.

SEC. 15.3-2 DEFINITIONS. The following words and terms, whenever they occur in this Code, shall be interpreted as herein defined:

Abutting (Contiguous, Adjacent). Abutting means have one or more common boundary lines or district lines.

Accessory Building or Use. An accessory building or use is one which:

  1. Is subordinate to and serves a principal building or principal use; and
     
  2. Is subordinate in area, extent, and purpose to the principal building or principal use served; and
     
  3. Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served; and
     
  4. Is located on the same lot as the principal building or principal use served, which the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same lot with the building or use served.

Adult Cabaret. A building or portion of a building featuring dancing or other live entertainment if the dancing or other life entertainment involves the exhibiting of specified sexual activities or specified anatomical area, as defined in this Code, for observation by patrons therein. (Added 6/17/02 by Ord. No. 4801)

Adult Hotel/Motel. A hotel or motel or similar business establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions fifty (50) percent or more of the number of which are distinguished or characterized by an emphasis on the exhibiting of specified sexual activities or specified anatomical areas, as defined in this Code; and rents, leases, or lets any single room for less than a six (6) hour period, or rents, leases, or lets any single room more than twice in a twenty-four (24) hour period. (Added 6/17/02 by Ord. No. 4801)

Adult Lingerie Modeling Studio. An establishment or business that provides for any form of compensation, monetary or other consideration, the services of live models modeling lingerie to individuals, couples, or small groups and “specified anatomical areas” of the models are displayed for the purpose of sexual stimulation of the patrons and further provided such modeling takes place in a room smaller than six hundred (600) square feet in area. (Added 6/17/02 by Ord. No. 4801)

Adult Media. Magazines, books, videotapes, movies, slides, cd-roms or other devices used to record computer images, or other media that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to hard-core material. (Added 6/17/02 by Ord. No. 4801)

Adult Media Store. An establishment that rents and/or sells media, and that media meets any of the following tests:

  1. Fifty (50) percent or more of the gross public floor area is devoted to adult media as defined in this Code.
     
  2. Fifty (50) percent or more of the stock-in-trade consists of adult media as defined in this Code.

(Added 6/17/02 by Ord. No. 4801)

Adult Modeling Studio. A business which provides for any form of compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display “specified anatomical areas”, as defined herein, to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. “Adult Modeling Studio” does not include schools maintained pursuant to standards set by the State of Illinois. (Added 6/17/02 by Ord. No. 4801)

Adult Motion Picture Theater. An establishment emphasizing or predominantly showing sexually oriented movies distinguished or characterized by an emphasis on matters depicting, describing, or relating to “hard-core material”, “specified anatomical areas” and /or “specified sexual activities” (as defined in this Code) for observation by patrons therein. (Added 6/17/02 by Ord. No. 4801)

Adult Sex Business. Any sexually oriented entertainment business, including any business establishment that regularly features live entertainment distinguished or characterized by an emphasis on the exposure of specified anatomical areas or specified sexual activities, as defined herein, or any business establishment whose primary purpose is the sale or display of any explicit sexual material which, pursuant to state law or other regulatory authority, can be offered only to persons over the age of eighteen (18) years. It shall be unlawful for any person under the age of eighteen (18) years to be within any building that is the site of an “Adult Sex Business”. “Adult Sex Business” may include an adult cabaret, adult hotel/motel, adult media store, adult modeling studio, adult motion picture theater, adult video arcade, adult lingerie modeling studio, or a sex shop. (Added 6/17/02 by Ord. No. 4801)

Adult Video Arcade. Any place in an adult media store to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture, or video machines, projectors, or other image-producing devices are maintained to show images distinguished or characterized by an emphasis on matters depicting, describing, or relating to “hard-core material”, “specified anatomical areas” and/or “specified sexual activities” (as defined in this code) in video-viewing booths or arcade booths for observation by patrons therein. Adult video arcades are prohibited except when located within an adult media store. Added 6/17/02 by Ord. No. 4801)

Alteration. As applied to a building or structure, alteration shall mean any change in size, shape, or character of a building or structure or change in the use thereof. As applied to a building or structure in the S-4 Historic and Cultural District alteration also means any act or process that changes one (1) or more of the exterior architectural features of a building or structure, including, but not limited to, the erection, construction, reconstruction, or removal of any building or structure.

Agriculture. Agriculture means the growing, harvesting and storing of crops including legumes, hay, grain, fruit and truck or vegetable crops, floriculture, horticulture, viticulture, mushroom growing, orchards and forestry; farm buildings for storing and protecting farm machinery and equipment from the elements; and farm dwellings occupied by farm owners, operators, tenants or seasonal or year 'round hired farm workers. This definition of Agriculture includes all types of agricultural operations, but excludes therefrom animal husbandry and industrial operations such as a grain elevator, canning or slaughterhouse, wherein agricultural products produced primarily by others are stored or processed.

Aircraft. An aircraft is any contrivance now known or hereafter invented for use in or designed for navigation or flight in the air.

Airplane Hangar, Private. A private airplane hangar is a hanger for the storage of four (4) or less single motor aircraft and in which no volatile of flammable oil is handled, stored or kept other than that contained in the fuel storage tank of the aircraft.

Airplane Hanger, Public. A public airplane hangar is a building for the storage, care or repair of private or commercial aircraft not included in the term "private airplane hangar."

Airport. An airport is any area of land or water which is used or intended for use for the landing and taking off of aircraft, and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights-of-way, including all necessary taxiways, aircraft storage and tie-down areas, hangars, and other necessary buildings and open spaces.

Alley. An alley is a public right-of-way which is less than thirty (30) feet wide and affords a secondary means of access to abutting property. Frontage on an alley shall not be construed as satisfying the requirements related to a frontage on a public street.

Alteration. Alteration shall mean any change in size, shape or character of a building or structure or change in the use thereof.

Ambulatory Surgical Treatment Center or Surgi-Center. Ambulatory Surgical Treatment Center or Surgi-Center means any institution, place or building devoted primarily to the maintenance and operation of facilities for the performance of surgical procedures or any facility in which a medical or surgical procedure is utilized to terminate a pregnancy, irrespective of whether the facility is devoted primarily to this purpose. Such facility shall not provide beds or other accommodations for the overnight stay of patients; however, facilities devoted exclusively to the treatment of children may provide accommodations and beds for their patients for up to 23 hours following admission. Individual patients shall be discharged in an ambulatory condition without danger to the continued well being of the patients or shall be transferred to a hospital.

The term 'ambulatory surgical treatment center' or 'surgi-center' does not include any of the following:

  1. Any institution, place, building or agency required to be licensed pursuant to the "Hospital Licensing Act" approved July 1, 1953, as amended.
     
  2. Any person or institution required to be licensed pursuant to the 'Nursing Home Care Act', approved August 23, 1979, as amended.
     
  3. Hospitals or ambulatory surgical treatment centers maintained by the State or any department or agency thereof, where such department or agency has authority under law to establish and enforce standards for the hospitals or ambulatory surgical treatment centers under its management and control.
     
  4. Hospitals and ambulatory surgical treatment centers maintained by the Federal Government or agencies thereof.
     
  5. Any place, agency, clinic, or practice, public or private, whether organized for profit or not, devoted exclusively to the performance of dental or oral surgical procedures.

Entire Ambulatory surgical treatment center or surgi-center definition added 5/15/00 by Ord. No. 4653)

Amusement Center. An amusement center is an establishment, the principal use of which is the operation of mechanical, electronic and/or video type game machines. Said establishment shall be posted "No Smoking", shall not contain cigarette vending machines, shall be supervised by an adult over 2l years of age, shall have a minimum level of illumination of at least 20 footcandles, and there shall be a minimum of six (6) inches of space between each game machine.

Auction House. An Auction House is a building, area or areas within a building used for the public sale of goods, wares, merchandise, or equipment to the highest bidder. This definition excludes therefrom an auction, the principal purpose of which is the sale of livestock or motor vehicles.

Automobile Salvage Yard. An automobile salvage yard means an area of land where three (3) or more vehicles and equipment inoperable or unlicensed, or parts thereof in an amount equivalent to three (3) motor vehicles, are stored in the open and are not being restored to operation.

Automobile Service Station. An automobile service station means buildings and premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail. In addition, any of the following services may be rendered and sales made:

  1. Sale and servicing of spark plugs, batteries, and distributors, and distributor parts;
     
  2. Tire servicing and repair, but no recapping or regrooving;
     
  3. Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors and the like;
     
  4. Radiator cleaning and flushing;
     
  5. Washing and polishing, and sale of automotive washing and polishing materials;
     
  6. Greasing and lubrication;
     
  7. Providing and repairing fuel pumps, oil pumps, and lines;
     
  8. Servicing and repair of carburetors;
     
  9. Emergency wiring repairs;
     
  10. Adjusting and repairing brakes;
     
  11. Minor motor adjustments not involving the removal of the head or crankcase or racing the motor.

Activities permissible at an automobile service station do not include aviation sales, automobile sales, boat sales, farm implement sales, house-car trailer sales, mobile home sales, recreation vehicle sales or auto body work, straightening of auto body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in automobile service stations.

Awning. An awning is a roof-like cover which projects from the wall of a building and overhangs into the yard or public or private street.

Basement. The basement is that portion of a building which is partly below and partly above grade and having at least one-half (1/2) its height above grade.

Bed and Breakfast Establishments. An operator-occupied residence of historical significance providing public accommodations for a charge. Only breakfast may be provided to the guests. Bed and Breakfast establishments shall not include motels, hotels, boarding houses, rooming houses or food service establishments. (Added 7/19/99 by Ord. No. 4606)

Birthing Center. A birthing center is defined as "a facility offering low-risk, generally healthy pregnant females the option of experiencing childbirth in a non-hospital setting on an outpatient basis. Generally these individuals will be discharged to home after a short observance during the post-partum period not to exceed 24 hours after delivery. The facility shall comply with all statutory and administrative regulations that may be enacted from time-to-time and shall include a collaborative agreement with a physician specializing in obstetrical care or physician licensed to practice medicine in all branches. Advanced practice nurses, including certified nurse midwives as defined and mandated by 225 ILCS 65/15-5 and 225 65/15-15, may participate in the childbirth process provided all statutory and administrative regulations are complied with and met. (Added 6/19/2000 by Ord. No. 4657)

Block. A block is a tract of land bounded by public streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, the corporate limits of the Town of Normal or other lines of demarcation.

Building. A building is any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind, and which is permanently affixed to the ground.

Building Height. Building height is the measurement of vertical distance from grade to the top of the highest roof beams of a flat roof or to the mean level of the highest gable or slope of a hip roof. When a building faces on more than one street, the height shall be measured from the average of the grades at the center of each street front.

Building, Principal. A principal building is a building in which the principal use of the lot, on which it is located, is conducted.

Building, Residential. A residential building is a building which is arranged, designed, used as intended to be used for residential occupancy by one or more persons and which includes, but is not limited, to the following types:

  1. Single-family detached dwellings.
     
  2. Two-family dwellings.
     
  3. Multiple-family dwellings.
     
  4. Rooming houses.
     
  5. Student residence halls.
     
  6. Nursing homes.
     
  7. Dormitory.

Bulk. Bulk is a term used to measure, assess and regulate the impact of buildings, structures or land uses on other nearby buildings, structures or land uses and includes the following factors:

  1. Size and height of buildings;
     
  2. Location of exterior walls and required on-site facilities at all levels in relation to lot lines, public streets, or to other buildings;
     
  3. Gross floor area of buildings in relation to lot area (floor area ratio);
     
  4. All open spaces allocated to buildings;
     
  5. Amount of lot area provided per dwelling unit; and
     
  6. Type, amount and location of landscaping and site screening used to shield or reduce the impact of land uses on surrounding property.

Car Wash. A car wash is a building or portion thereof, containing facilities for washing motor vehicles, using automatic production-line methods with a chain conveyor blower, steam cleaning device, or other mechanical devices; or providing space, water, and equipment for the handwashing of autos, whether by the customer or the operator.

Card Reading. Card reading involves the following activity for money, to-wit: It involves the offering of opinions or interpretations of a person's personal characteristic history and present characteristics by that person shuffling a deck of common playing cards at the direction of a card reader and then drawing cards from that deck at the direction of the card reader. Thereafter, based on the relative position or positions of the various cards, after certain cards are drawn as aforestated, and after matching and/or comparing same against that person's birth date, certain conclusions or opinions may be drawn by the card reader concerning the person's personal characteristic history and present characteristics. Afterwards and if the person so desires, the card reader may offer to that person to the best of the card reader's ability, opinions in relation to what may or may not have been shown by the position of the cards after drawn as aforestated and matched against that person's birth date as aforestated. Card reading is not a form of "fortune telling". By engaging in card reading, the person doing the card reading as aforestated does not hold himself or herself out to be what is commonly referred to as an astrologer.

Carport. A carport is an automobile shelter, usually formed by extension of the roof from the side of a building and enclosed on not more than two (2) sides by a wall.

Cellar. A cellar is that portion of a building which is partly or completely below grade and having at least one-half (l/2) of its height below grade.

Certificate of Appropriateness. Certificate of Appropriateness means a certificate issued by the Historic Preservation Commission indicating its approval of plans for alteration, construction, removal, or demolition of a landmark or of a structure within an S-4 Historic and Cultural District.

Certification of Economic Hardship. Certification of Economic Hardship means a certificate issued by the Historic Preservation Commission authorizing an alteration, construction, removal, or demolition, even though a Certificate of Appropriateness has previously been denied.

Common Driveway. A common driveway is a driveway serving two or more structures or off-street parking areas, which are located on individual lots.

Common Recreation Space (Common Open Space). Common recreation space is a parcel or parcels of land unoccupied by structures, buildings, public streets, private streets, alleys, or automobile parking lots which is designed and intended for the use or enjoyment of residents of a planned unit development. Common recreation space may contain structures for recreational use; however, no area within thirty (30) feet of any building or structure except a structure used for recreational use shall be includable as common recreation space. All common recreation space shall have an area of not less than ten thousand (l0,000) square feet; no median of such common recreation space shall be less than 100 feet and such common recreation space shall not be less than fifty (50) feet in width.

Compatible Use. A compatible use is a property, use, or service which is capable of direct association with certain other uses because it is complimentary, congruous, or otherwise not detrimental.

Conforming Building or Structure. A conforming building or structure is any building or structure which complies with all the regulations of this Zoning Code or of any amendment hereto governing bulk for the zoning district in which such building or structure is located.

Construction. Construction means the act of adding an addition to an existing structure or the erection of a new principal or accessory structure on a lot.

Curb Level. The curb level for any building is the level of the established curb in front of such building measured at the center of such front. Where no curb has been established, the curb level is the elevation of the centerline of the street adjacent to the lot on which the building is or is to be located measured at the center point of the lot frontage.

Day Care Center. A Day Care Center is a premises licensed by the State of Illinois and receiving more than eight (8) children for care during all or part of a day or night. As used herein the term children does not include the children of the operator(s) of the Day Care Center. (Amended 2/20/95 by Ord. No. 4290, Effective 7/1/95)

Day Care Home. A day care home is a dwelling unit licensed by the State of Illinois in which one (1) or more persons provides care during the day or night to not more than eight (8) children, excluding all natural, adopted and foster children of the residents of the dwelling unit. (Amended 2/20/95 by Ord. No. 4290, Effective 7/1/95)(Amended 4/15/96 by Ord. No. 4385)

Demolition. Demolition means any act or process that destroys in part or in whole a building or structure.

Design Guideline. Design Guideline means a standard of appropriate activity that will preserve the historic and architectural character of a structure or a historic district.

Display Publicly. The act of exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a street, highway, or public sidewalk, or from property of others, or from any portion of the premises where items and material other than adult media are on display to the public. (Added 6/17/02 by Ord. No. 4801)

Dormitory. A dormitory is a residential building where group sleeping accommodations are provided for persons not members of the same family and where the number accommodated exceeds that allowed in a dwelling unit in the district. The group sleeping accommodations may be in one room or in a series of closely associated rooms under occupancy and single management as in college dormitories, fraternity houses, sorority houses, military barracks, etc., regardless of whether meals are provided.

Development. Development means both the act of changing and the state of a tract of land after its function has been purposefully changed by man including, but not limited to, erection of structures on the land, and alterations to the land.

Diagnostic Imaging Center. A diagnostic imaging center is defined as "a facility offering diagnostic imaging services on an outpatient basis to ambulatory patients. The imaging modalities may include general X-ray services, CT scans, MRI scans, ultri-sound, fluoroscopy, mammography and any other generally recognized imaging methods commonly utilized on an outpatient basis." (Added 6/19/2000 by Ord. No. 4657)

Diagnostic Laboratory Testing Facility. Diagnostic Laboratory Treatment Facility is defined as "a facility offering diagnostic and/or pathological testing and analysis of blood, blood fluids, pathological specimens, DNA sampling and analysis and any other diagnostic test generally recognized in the healthcare industry." (Added 6/19/2000 by Ord. No. 4657)

District. A district is a portion of the territory of the Town of Normal within which certain generally uniform regulations and requirements unique thereto, apply under the provisions of this Chapter.

Domestic Utility Trailer. A single-axle trailer used for domestic or recreational purposes only and not exceeding any of the following dimensions: six (6) feet in width; twelve (12) feet in length or eight (8) feet in height. No domestic utility trailer may be used for business or commercial purposes. (Added 7/15/02 by Ord. No. 4804)

Drive-In Establishment. A drive-in establishment is a business or institution where the principal use is either the offering of goods or services directly to customers waiting in parked motor vehicles or carry-out food service.

Driveway. A driveway is a private accessway for motor vehicles between a public or private street and one or more structures or off-street parking areas.

Dwelling. A dwelling is a building designed or used principally for residential occupancy, including, without limitation, single-family dwellings, two-family dwellings, and multiple-family dwellings.

Dwelling Unit, Attached. An attached dwelling unit is one which is joined to another dwelling unit on one (1) or more sides by a vertical party wall or walls.

Dwelling Unit, Detached. A detached dwelling unit is one which is entirely surrounded by open space.

Dwelling, Multiple-Family. A multiple-family dwelling is a building containing three (3) or more dwelling units.

Dwelling, Single-Family. A single-family dwelling is a building containing one (1) dwelling unit only.

Dwelling, Two-Family. A two-family dwelling is a building containing two (2) dwelling units only.

Dwelling Unit. A dwelling unit is one or more rooms arranged or designed for the use of one family living together as a single housekeeping unit with cooking, living, sanitary and sleeping facilities in a self-contained unit, so that access to the street in any additional facilities (such as laundry, heating units, etc.) can be gained without passing through any other residential or commercial unit.

Dwelling unit, Mobile Home. A mobile home dwelling unit is a dwelling unit of vehicular, portable design built on a chassis and designed to be moved from one site to another and capable of being used without a permanent foundation.

Efficiency Unit. An efficiency unit is a dwelling unit consisting of one principal room together with bathroom, kitchen, hallway, closets, or dining alcove directly off the principal room, providing such dining alcove does not exceed 125 square feet in area.

Establishment. Any business. (Added 6/17/02 by Ord. No. 4801)

Excavation. An excavation is any breaking of ground, except common household gardening and ground care.

Explicit Sexual Material. Any hard-core material as defined by this Code. (Added 6/17/02 by Ord. No. 4801)

Exterior Architectural Appearance. Exterior Architectural Appearance means the architectural character and general composition of the exterior of a structure, including but not limited to the kind, color, and texture of the building material and the type, design, and character of all windows, doors, light fixtures, signs and appurtenant elements.

Family.

  1. In the R-1AA, Single-Family Residence District, R-1A, Single-Family Residence District, and R-1B, Single-Family Residence District, a family is one of the following:
    1. One (1) person or two (2) or more persons each related to each other by blood, marriage, or legal adoption, any foster children residing with such person or persons in a "foster family home" as that term is defined in the Illinois Child Care Act of 1969 as amended and an aggregate of not more than one (1) roomer or boarder, whether or not gratuitous, maintaining a common household in a dwelling unit.
       
    2. An aggregate of not more than five (5) individuals having a developmental disability as defined by Illinois Mental Health and Developmental Disabilities Code as amended January 1, 1979, and not more than two (2) persons supervising such person or person(s). (Amended 12/15/97 by Ord. No. 4487)(Amended 1/16/01 by Ord. No. 4706)
       
    3. A group of not more than two (2) persons not so related maintaining a common household in a dwelling unit.
       
  2. In all other zoning districts, a family is either one (1) person or two (2) or more persons each related to each other by blood, marriage, or legal adoption, any foster children residing with such person or persons in a "foster family home" as that term is defined in the Illinois Child Care Act of 1969, as amended, and an aggregate of not more than two (2) roomers or boarders not related to each other, whether or not gratuitous, maintaining a common household in a dwelling unit; or a group of not more than four (4) persons not so related maintaining a common household in a dwelling unit. However, in no case shall more than two (2) unrelated individuals occupy an efficiency unit or one (1) bedroom dwelling unit.

Fence. A fence is a structure other than a building or a portion thereof which is a barrier and is used as a boundary, screen, separation, means of privacy, protection or confinement and is constructed of wood, plastic, metal, wire mesh, masonry, or comparable material. A fence may not be electrified or constructed of barbed wire or similar material except as follows: In the Agriculture Districts; in the Manufacturing Districts barbed wire or similar material only; in the Special Public Interest Districts barbed wire or similar material only. (Amended 11/20/95 by Ord. No. 4356)

Floor Area. (For the purposes of determining the floor area ratio, conversions of existing structures and maximum size of business establishments). Floor area is the sum of the gross horizontal areas of the several floors measured in square feet, including the cellar floor of the building; measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. The floor area of a building shall also include elevator shafts and stairwells at each floor; floor space used for mechanical equipment, except equipment, open or enclosed, located on the roof, penthouses, and attic space having headroom of seven (7) feet ten (10) inches or more; interior balconies and mezzanines; enclosed porches, and floor area devoted to accessory uses, provided that any space devoted to off-street parking or loading shall not be included in floor area.

Floor Area. (For the purposes of determining off-street parking and off-street loading requirements and minimum area per dwelling unit). Floor area is the sum of the gross horizontal area of several floors of the building excluding areas used for:

  1. Accessory off-street parking.
  2. Basement or cellar areas devoted exclusively to accessory uses.

All horizontal dimensions shall be taken from the exterior faces of the walls or from the center line of walls separating two dwelling units or two buildings.

Floor Area Ratio. Floor area ratio is the numerical value obtained through dividing the floor area of a building or buildings by the lot area on which such building(s) are located.

Frontage. Frontage is the measure of lineal contiguity between a lot or portion thereof and another lot, public street, alley or public way.

Garage, Private. A private garage is an accessory building or an accessory portion of a principal building, including a carport, the principal use of which is the storage of one or more motor vehicles of the person, family or families resident in the principal building to which the garage is accessory and in which no business or commercial service or activity is performed, provided however, if a private garage is of sufficient size to provide, within the garage, all the off-street parking required by the Zoning Ordinance for the principal use, then any extra or surplus space may be rented for a fee to persons not resident in the principal building to which the garage is accessory, which such space may be used for the principal purpose of storing boats, trailers, recreational vehicles and/or private passenger motor vehicles.

Grade. A reference plane representing the average of finished ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the referenced plane shall be established by the lowest points within the area between the building and the lot line; or, when the lot line is more than six (6) feet (1,829 millimeters) from the building, between the building and a point six feet (6) feet (1,829 millimeters) from the building.

Gross Public Floor Area. The total area of the building accessible or visible to the public, including showrooms, motion picture theaters, motion picture arcades, service areas, behind-counter areas, storage areas visible from such other areas, rest rooms (whether or not labeled “public”), areas used for cabaret or similar shows (including stage areas), plus aisles, hallways, and entryways serving such areas. (Added 6/17/02 by Ord. No. 4801)

Guests, Permanent. A permanent guest is a person who occupies or has the right to occupy a hotel, motel or apartment hotel accommodation as his place of permanent residence.

Hard-Core Material. Media characterized by sexual activity that includes one or more of the following: erect male genitals; contact of the mouth of one person with the genitals of another; penetration with a finger or male genital or other object into any genital or anal orifice in another person; open female labia; penetration of a sexually oriented toy or novelty into any orifice in another person; or male ejaculation. (Added 6/17/02 by Ord. No. 4801)

Hard Surface. Hard Surface means any asphalt or concrete surface of an approved thickness, or other approved surface, but excluding rock, gravel, grass or dirt. (Added 12/17/01 by Ord. No. 4760 – Effective 4/1/02)

Health Club. A health club is an establishment that provides equipment and facilities for physical exercise or athletic activities on the premises; it shall not include, however, facilities for indoor sports activities that require a hard surfaced type of court, a bowling alley, a swimming pool, ice skating or roller skating rink facility.

Heliport. A heliport is an area of land, water and/or a structure or building which is used or intended for use for the landing and taking off of helicopters, and any appurtenant areas which are used or intended for use for heliport buildings or other heliport facilities or rights-of-way, including all necessary pads, helicopter storage and tie-down areas, hangars, and other necessary buildings and open spaces.

High Rise Building. A High Rise is a building which exceeds the maximum allowable stories or height in the applicable zoning district and is permitted only by a Special Use Permit. (Added 11/20/95 by Ord. No. 4356)

Historic Area. Historic area means an area containing buildings or places in which historic events have occurred or which have special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community which warrant conservation and preservation.

Historic District. Historic District means an area designed as a "S-4 Historic and Cultural District" by ordinance of the Town Council and which may contain within definable geographic boundaries one (1) or more landmarks and which may have within its boundaries other properties or structures that, while not of such historic and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark or landmarks located within such historic area.

Home Occupation. A home occupation is an occupation or profession practiced by a member of the family residing in the dwelling unit and which occupation is clearly an accessory use to the principal residential use of the dwelling unit.

Hospital. A hospital is an institution where the sick or injured are given medical or surgical care.

Hotel (Motel). A hotel is an establishment which is open to transient guests, in contradistinction to a boarding house, lodging house, or apartment hotel, and is commonly known as a hotel (motel) in the community in which it is located; and which provides customary hotel services such as mail service, the furnishing and laundering of linen, telephone and secretarial or desk service, the use and upkeep of furniture and bellhop service.

Institution. An institution is an established society or corporation of a public character.

Junk Yard. A junk yard is an open area where junk, waste, scrap, used equipment and vehicle parts, discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles. A junk yard includes automobile wrecking yards, house wrecking yards, used lumberyards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but does not include uses established entirely within enclosed buildings.

Kennel. A kennel is any premises where three (3) or more dogs, three (3) or more cats, or three (3) or more other household domestic animals are owned, boarded, bred or offered for sale, provided such dogs, cats or other household domestic animals are over six (6) months of age.

Landmark. Landmark means a property or structure designated as a "landmark" by Ordinance of the President and Board of Trustees, pursuant to procedures prescribed herein, that is worthy of rehabilitation, restoration, and preservation because of its historic and/or architectural significance to the town.

Lawn and Garden Equipment Store Shed. A relatively small structure often purchased pre-built or as a kit in pre-fabricated sections. It is not designed to be served by heat, electricity or plumbing and does not need to be placed on a permanent foundation. The structure is intended to store lawn, garden and/or pool care equipment.

Lot. A lot is a parcel of land occupied, or intended to be occupied, by a main building or a group of buildings, or utilized for the principal use and uses accessory thereto, together with such open spaces as are required under the provisions of this Chapter, or as may be provided therewith. A lot may or may not be specifically designated as such on public records. A lot shall have frontage on one or more public streets.

Lot, Area. Lot area is the area of a horizontal plane bounded by the vertical planes through front, side, and rear lot lines. Lot area shall not include land that has been, is proposed, or is necessary to be dedicated as public right-of-way and shall only include land dedicated as an easement if the utility for which the easement is necessary is located underground or overhead.

Lot, Corner. A corner lot is a lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding 135 degrees.

Lot, Non-Conforming. (See Non-Conforming Lot.)

Lot, Out. A lot depicted on a Final Subdivision Plat which does not meet the requirements of this Code for lots of record and which may not be used for building or parking lots. (Amended 1/19/99 by Ord. No. 4576 (was Outlot)

Lot, Reversed Corner. A reversed corner lot is a corner lot the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.

Lot, Through. A through lot is a lot having a pair of opposite lot lines along two (2) more or less parallel public streets, and which is not a corner lot. On a through lot both street lines shall be deemed front lot lines.

Lot, Interior. An interior lot is a lot other than a corner or reversed corner lot.

Lot Depth, Minimum. The lot depth is the mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundaries.

Lot Width, Minimum. The minimum lot width is the mean horizontal distance between the side lot lines of a lot, measured within the lot boundary. Lot width shall be measured at the front lot line or at the required setback line or cul-de-sac within the lot boundary behind the required front yard setback line.

Lot Line (Property Line). A lot line is a boundary line of a lot.

Lot Line, Front. The front lot line is that boundary line of any lot which is along a dedicated public street or the occupation line on a non-dedicated public street. On corner lots the front lot line shall be the boundary line along such street right-of-way line that is established at the time of application for a building permit.

Lot Line, Rear. The rear lot line is that boundary of a lot which is most distant from and is, or is approximately parallel to the front lot line. If the rear lot line is less than ten (10) feet in length, or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line ten (10) feet in length within the lot, parallel to, and at the maximum distance from, the front lot line.

Lot of Record. A lot of record is a lot which is part of a subdivision recorded in the office of the McLean County Recorder of Deeds, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

Lot Line, Side. The side lot line shall be any boundary of a lot which is not a front lot line or a rear lot line.

Major Recreational Equipment. Major recreational equipment means travel trailers (a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational or vacation uses, or one permanently identified as a Travel Trailer by the manufacturer of the trailer); Pick-up Coaches (a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation); Motor-homes (a portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle); Camping trailer (a canvas, material or metal folding structure, mounted on wheels, designed for travel, recreation and vacation use); boats; snowmobiles; jet skis; all-terrain vehicles (ATV); dirt bikes; golf carts; and trailers holding boats, snowmobiles, jet skis, all-terrain vehicles (ATV), dirt bikes or golf carts. (Amended 12/17/01 by Ord. No. 4760 – Effective 4/1/02)(Amended 7/15/02 by Ord. No. 4804)

Manufactured Housing. A building assembly or system of building sub-assemblies, designed for habitation as a dwelling 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 foundation. (Added 11/20/95 by Ord. No. 4356)

Manufactured Housing Closed Construction. Any building, component, or assembly fabricated in such a manner where all portions may be readily inspected at the site without disassembly. (Added 11/20/95 by Ord. No. 4356)

Manufactured Housing Open Construction. Any building, component, or assembly fabricated in such a manner that all portions may be readily inspected at the site without disassembly. (Added 11/20/95 by Ord. No. 4356)

Massage Therapy Studio. An establishment offering massage therapy and/or body work by a massage therapist, licensed by the State of Illinois, or Town of Normal or under the direct supervision of a licensed physician. (Added 6/17/02 by Ord. No. 4801)

Media. Anything printed or written, or any picture, drawing, photograph, motion picture, film, videotape or videotape production, or pictorial representation, or any electrical or electronic reproduction of anything that is or may be used as a means of communication. Media includes but shall not necessarily be limited to books, newspapers, magazines, movies, videos, sound recordings, cd-roms, other magnetic media, and undeveloped pictures. (Added 6/17/02 by Ord. No. 4801)

Media Shop. A general term, identifying a category of business that may include sexually oriented material but that is not subject to the special provisions applicable to adult media shops. In that context, media shop means a retail outlet offering media for sale or rent, for consumption off the premises provided that any outlet meeting the definition of “adult media shop” shall be treated as an adult media store. (Added 6/17/02 by Ord. No. 4801)

Mobile Home. A movable or portable unit, which is eight (8) feet or more in width and is forty (40) or more body feet in length, and constructed on its own chassis. It is designed to be used without a permanent foundation. (Added 11/20/95 by Ord. No. 4356)

Mobile Home Park. A mobile home park is a lot or lands upon which two (2) or more independent mobile homes are harbored either free of charge or for a fee, and shall include any buildings, structure, tent vehicle, or enclosure used or intended for use as a part of the equipment of such mobile home park.

Modular Unit. A factory fabricated, transportable building, designed to be used by itself or to be incorporated with similar units at a building site into a modular structure. The term is intended to apply to major assemblies and does not include prefabricated panels, trusses, plumbing trees, and other prefabricated subelements, which are to be incorporated into a structure at the site.

Motor Vehicle Every vehicle which is self-propelled. (Added 12/17/01 by Ord. No. 4760 – Effective 4/1/02)

Nameplate. A nameplate is a sign indicating the name and address of a building, or the name of an occupant thereof and/or the practice of a permitted occupation therein.

Non-Conforming Building or Structure. A non-conforming building or structure is any building or structure or portion thereof lawfully existing at the time of adoption of this Ordinance, or amendment thereto, which:

  1. Does not comply with all the regulations of this Ordinance or any amendment hereto governing bulk for the zoning district in which such building or structure is located.

Non-Conforming Lot. A non-conforming lot is a lot of record which when recorded met the minimum lot area and other dimension requirements of the Municipal Code of the Town of Normal, but which through subsequent amendments to such Code or other acts of a public body has caused the lot of record to be in conflict with the minimum lot area or other dimension requirements of the Codes.

Non-Conforming Use. A non-conforming use is any use of land, buildings, or structures which use is not permitted in the zoning district in which such use is located, but which use was permitted at the time such use was established.

Nursery (Greenhouse). A nursery is a space, building or structure, or combination thereof, for the storage of live trees, shrubs or plants offered for wholesale or retail sale on the premises, including products used for gardening or landscaping. The definition of nursery within the meaning of this Chapter does not include any space, building or structure used principally for the sale of fruits, vegetables or Christmas trees.

Nursing Home. A nursing home is a home for the aged, chronically ill, incurable persons, or a place of rest for those suffering bodily disorders in which three (3) or more persons, not members of the immediate family residing on the premises, are received, kept or provided with food and shelter or care, but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity or mental illness.

Official Comprehensive Plan (Comprehensive Plan). The Official Comprehensive Plan is the composite of the functional and geographic elements of the Comprehensive Plan of the Town of Normal, or any segment thereof, in the form of plans, maps, charts, textual materials and the official map, as adopted by the Town Council.

Official Map. The Official Map is the map adopted by the Town Council as a part of the Comprehensive Plan which is designated "Official Map" in that Plan.

Official Zoning Map. The Official Zoning Map is the map adopted by the Town Council showing all the zoning district boundaries within the Town of Normal, Illinois.

Open Sales Lot. An open sales lot is any land used or occupied for the purpose of buying and selling merchandise, motor vehicles, any form of trailers, mobile homes, motorized homes, motor scooters, motorcycles, boats, aircraft and monuments, or for the sorting of same prior to sale.

Parking Pad. A parking pad is an off-street parking area adjacent to a driveway which provides parking for a single motor vehicle.

Planned Unit Development. A planned unit development is a lot or lots developed as a unit under single ownership or unified control, which includes one (1) or more principal buildings or uses, and is processed under the planned unit development procedure of this Code. (Amended 11/20/95 by Ord. No. 4356)

Post-surgical Recovery Care Center. Post-surgical recovery care center is defined as "a designated site which provides post-surgical recovery care for generally healthy patients undergoing surgical procedures that require overnight nursing care, pain control, or observation that would otherwise be provided in an in-patient setting. A post-surgical recovery care center is either a freestanding or a defined unit in an ambulatory surgical treatment center or hospital. A post-surgical recovery care shall comply with the requirements of 210 ILCS 3/35(2)". The recovery period shall not exceed 24 hours after surgery. (Added 6/19/2000 by Ord. No. 4657)

Preservation Commission (Historic Preservation Commission). The Preservation Commission means the Historic Preservation Commission for the Town of Normal, McLean County, Illinois.

Removal. Removal means any relocation of a structure on its site or to another site.

Repair. Repair is any change that is not construction, removal or alteration. This would include simple and minor mending to bring an element of a structure back to its original condition. It assumes that minimal expense and effort need be incurred to complete the repair.

Riding Stables. A riding stable is the grounds and building where horses are bred, raised, boarded or kept for remuneration, hire, or sale.

Roadside Market. A roadside market is a structure for the display and sale of agricultural products grown on the site only, with no space for customers within the structure itself.

Rooming House. A rooming house is any residential building, or any part thereof, containing one (1) or more rooming units, in which space is let by the owner or operator to five (5) or more persons who do not constitute a family.

Rooming Unit. A rooming unit is any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

Row House (Town House). A row house (town house) is a multiple-family dwelling containing three (3) or more attached dwelling units, each on its own plot of ground and joined to one (end unit) or two (interior units) dwelling units by firewalls. Each dwelling unit shall occupy the internal space from the ground to the roof.

Sadomasochistic Practices. Flagellation or torture by or upon a person clothed or naked for the purpose of sexual arousal, or the condition of being fettered, bound, or otherwise physically restrained on the part of one clothed or naked for the purpose of sexual arousal. (Added 6/17/02 by Ord. No. 4801)

Setback. Setback is the horizontal distance between the lot line and any building or structure located on such lot. (Amended 11/20/95 by Ord. No. 4356)

Sex Shop. An establishment offering goods for sale or rent and that meets any of the following tests:

  1. The establishment offers for sale items from any two (2) of the following categories: (a) adult media, (b) lingerie in a lingerie modeling studio, or (c) leather goods marketed or presented in a context to suggest their use for sadomasochistic practices; and the combination of such items constitutes more than fifty (50) percent its stock in trade or occupies more than fifty (50) percents of its floor area.
  2. More than fifty (50) percent of its stock in trade consists of sexually oriented toys or novelties.
  3. More than fifty (50) percent of its gross public floor area is devoted to the display of sexually oriented toys or novelties.

(Added 6/17/02 by Ord. No. 4801)

Sexually Oriented Entertainment Business. An inclusive term used to describe collectively: adult cabaret; adult modeling studio; adult motion picture theater; video arcade located within an adult media store; adult lingerie modeling studio; and/or sex shop. (Added 6/17/02 by Ord. No. 4801)

Sexually Oriented Toys or Novelties. Instruments, devices, or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs. (Added 6/17/02 by Ord. No. 4801)

Sign. A sign is any identification, description, illustration or device illuminated or non-illuminated which is visible from any public place or is located on private property and exposed to the public and which directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, printing, banner, pennant, placard or temporary sign designed to advertise, identify or convey information, with the exception of window displays and national, state, county, municipal and religious flags.

Special Use. A special use is a specific use of land or buildings, or both, described and permitted herein, subject to special provisions and which because of its unique characteristics cannot be properly classified as a permitted use.

Specified Anatomical Areas. (1) Less than completely and opaquely covered: Human Genitals, human pubic region, human buttocks, and human female breast below a point immediately above the top of the areola; and (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered. (Added 6/17/02 by Ord. No. 4801)

Specified Sexual Activities. Human genitals in a state of sexual stimulation or arousal or acts of human masturbation, sexual intercourse, sodomy, or fondling or other erotic touching of nude human genitals, pubic region, buttocks, or female breast specified anatomical areas. (Added 6/17/02 by Ord. No. 4801)

Story. A story is that portion of a building included between the upper surface of the floor and upper surface of the floor or roof next above. A basement shall be counted as a Story, and a cellar shall not be counted as a Story, unless it contains a dwelling unit.

Street, Public. A public street is a dedicated and accepted public right-of-way or other public way used and maintained by the Town of Normal which, in either case, affords the principal means of access to adjacent lots or property.

Street, Private. A private street is a privately owned lane, road or street, which affords the principal means of access to adjacent property.

Structural Alteration. A structural alteration is any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as the addition, removal, or alteration of bearing walls, columns, beams, girders or foundations.

Structure. A structure is anything constructed or erected, the use of which requires permanent or temporary location on or in the ground including, but not limited to, buildings, fences, gazebos, signs, billboards, supporting tower, and swimming pools.

Student Residence Hall. A dormitory, rooming house, or dwelling, the principal use and occupancy of which is to provide housing for persons:

  1. attending college, university or other post secondary institutions,
     
  2. employed by such college, university or other post secondary institution for the purpose of supervising persons identified in subsection (A) above, and such housing is owned or under the supervision and control of a college, university or other post secondary educational institution. (Amended 9/16/96 by Ord. No. 4409)(Amended 9/21/98 by Ord. No. 4549)

Tourist Camp. A tourist camp is a residential facility designed, used, or intended to be used to accommodate the overnight temporary location, hookup or use of its facilities for travel trailers, camp trailers, and other major recreational equipment.

Unified Control. Unified control is the combination of two (2) or more tracts of land either through unified ownership or other arrangement, wherein each owner has agreed to allow use and develop their tracts as a single lot under the provisions of the ordinance applicable to Planned Unit Developments.

Use. The use of property is the purpose or activity for which the land, or building thereon, is designed, arranged, or intended, or for which it is occupied or maintained, and shall include any manner of performance of such activity with respect to the performance standards of this Ordinance.

Use, Permitted. A permitted use is a use which may be lawfully established in a particular district or districts, provided it conforms with all requirements and regulations of such district.

Use, Principal. A principal use is a primary use of land or buildings as distinguished from a subordinate or accessory use. A principal use may be either permitted or special.

Variation. A variation is a deviation from the bulk requirements of the Zoning Ordinance where such variation will not be contrary to the public interest and where, due to conditions peculiar to the property and not the direct result of the actions of the owner, a literal enforcement of the Ordinance would result in unnecessary hardship.

Vehicle. Every device in, upon, or by which any person or property is, or may be, transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks. (Added 12/17/01 by Ord. 4760 – Effective 4/1/02)

Video-Viewing Booth (Arcade Booth). Any both, cubicle, stall, or compartment that is designed, constructed, or used to hold or seat patrons and is used for presenting motion pictures or view publications by any photographic, electronic, magnetic, digital, or other means or media (including, but not limited to film, video or magnetic tape, laser disc, cd-rom, books, magazines, or periodicals) for observation by patrons therein. A video-viewing booth shall not mean a theater, movie house, playhouse, or a room or enclosure or portion thereof that contains more than six hundred (600) square feet. (Added 6/17/02 by Ord. No. 4801)

Warehouse. A warehouse is a structure, part thereof, or area used principally for the storage of goods and merchandise.

Welfare Agency. A welfare agency is an institution, public or private not-for-profit facility, that provides care and/or services concerning the welfare and improvement for persons of all ages.

Wholesale Establishment. A wholesale establishment is a business establishment engaged in selling to retailers or jobbers rather than consumers.

Yard. A yard is an open space, on the same lot with a building or structure, unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted in Section 15.4-5 of this Code.

Yard, Front. A front yard is that yard, required or otherwise, extending along the full length of the front lot line between the side lot lines from the front line of the building or structure to the front lot line.

Yard, Rear. A rear yard is that yard, required or otherwise, extending along the full length of the rear lot line between the side lot lines from the rear line of the building or structure to the rear property line.

Yard, Side. A side yard is that yard, required or otherwise, extending along the side yard between the front yard and the rear yard from the side line of the building or structure to the side property line.

Yard, Corner Side. A corner side yard is that area between the setback lines, the side lot line, and rear lot line, which area faces the street.

Yard, Interior Side. An interior side yard which is located immediately adjacent to another lot or to any alley separating such side yard from another lot.

Zoning Administrator. The Zoning Administrator is the Building Commissioner for the Town of Normal, Illinois, or such other person as designated by the Commissioner.

Zoning Board of Appeals. The Zoning Board of Appeals for the Town of Normal, Illinois.

Zoning District. A zoning district is a section or sections of incorporated territory of the Town of Normal for which the regulations and requirements governing use, lot and bulk or buildings and premises are uniform.

(Section 15.3-2 Amended by Ordinance No. 3925, 8/20/90)