When used in this title, the following terms shall have the meaning ascribed to them in this section:
ABUT: Having a common border with, or being separated from, such a common border by a right of way, alley, or easement.
ACCESSORY STRUCTURE/USE: See chapter 9 of this title.
ALLEY: A public or private way permanently reserved as a secondary means of access to abutting property.
ALTERATION: Any change, addition, or modification in construction or occupancy of an existing structure.
ALTERATION, STRUCTURAL: Any change in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders; provided, however, that the application of any exterior siding to an existing building for the purpose of beautifying and modernizing shall not be considered a structural alteration.
AMENDMENT: See chapter 16 of this title.
ANIMAL HOSPITAL: A building or portion thereof designed or used for the care, diagnostic observation, or treatment of domestic animals.
ANTENNA: A wire or set of wires used in the transmission and reception of electromagnetic waves, and including the supporting structure. This includes, but is not limited to, amateur radio antennas, television antennas, and satellite receiving dishes.
ASSEMBLY USES: A structure or place for groups of people to gather for an event or regularly scheduled program that is educational, cultural, spiritual, social, or recreational in nature.
AUTOMATED TELLER MACHINE (ATM): A mechanized consumer banking device operated by a financial institution for the convenience of its customers, whether outside or in an access controlled facility. ATMs located within a building shall be considered an accessory to the principal use unless the ATM is likely to be an independent traffic generator.
BANK: A financial institution that is open to the public and engaged in deposit banking, and that performs closely related functions such as making loans, investments, and fiduciary activities. Currency exchanges and quick loan shops are specifically excluded from this definition.
BANNER: Any sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.
BASEMENT: A story partly underground and having at least one-half (1/2) of its height above the average adjoining grade.
BLOCK: A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights of way or corporate boundary lines of the village of Berkeley, or other natural barriers.
BUILDABLE AREA: The space remaining on a lot after the minimum open space requirements have been complied with.
BUILDING: Any structure designed or intended to support, enclose, shelter, or protect persons, animals, or property.
BUILDING COVERAGE: The percentage of a lot area covered by any building or structure.
BUILDING DEPTH: The longest straight line that can be drawn through a structure substantially parallel to the side or corner side lot lines of the lot where it is located.
BUILDING, DETACHED: A building surrounded entirely by open space.
BUILDING, PRINCIPAL: A building in which is conducted the principal use of the lot where it is located.
BUILDING WIDTH: The longest straight line that can be drawn through a structure parallel to the front lot line.
BULK REGULATIONS: The regulations of this title pertaining to permissible or required height, volume, area, floor area, floor area ratio, dimensions, building coverage, lot coverage, and usable open space applicable to uses and structures. This term does not include yard requirements.
CELLAR: A portion of a structure located partly or wholly underground and having half or more than half its clear floor to ceiling height below grade.
CEMETERY: A burial ground including structures such as mausoleums, columbariums, incidental management offices and maintenance facilities.
CHILDCARE FACILITY: The definition of "childcare" distinguishes among types of childcare establishments, as follows:
A. Family Care Child Home: A private residence where care, protection, and supervision are provided, for a fee, at least twice a week to no more than six (6) children at one time, including children of the adult provider.
B. Group Childcare Center, Class A: A building or structure where care, protection, and supervision are provided, on a regular schedule, at least twice a week to at least seven (7) and no more than twelve (12) children, including children of the adult provider.
C. Group Childcare Center, Class B: A building or structure where care, protection, and supervision are provided, on a regular schedule, at least twice a week to more than twelve (12) children, including children of the adult provider.
COMMERCIAL USE: Any use permitted by right in a business district.
CUL-DE-SAC: A local street, one end of which is closed and consists of a circular turnaround.
CULTIVATION CENTER: A facility registered by department of agriculture to perform activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis in compliance with the compassionate use of medical cannabis pilot program act 1 .
DAYCARE CENTER: A facility providing daytime supervision, training, recreation and care for children of preschool age, for the disabled, or for those with chronic disabilities and before or after school care of children.
DENSITY: The number of dwelling units permitted per net acre of land.
DEVELOPMENT: Any manmade change, other than maintenance of existing structures, paved areas, or utilities, to improved or unimproved real estate, including, without limitation, the construction or installation of new, or enlargement of existing, structures, streets or utilities; dredging, filling, drilling, mining, grading, paving, or excavating operations; and open storage of materials.
DRIVE-THROUGH FACILITY: Any accessory building or structure or portion thereof to a principal use that is designed, intended or used to transact business for the convenience of customers who remain in motor vehicles. These facilities include, but are not limited to, restaurants, banks, financial institutions, or any business having drive-up or curb service.
DWELLING: A building or portion thereof used exclusively for residential purposes, including one-family, two-family, and multiple-family dwellings, but not including hotels and boarding and lodging houses.
DWELLING, MULTI-FAMILY: A detached residential building containing three (3) or more dwelling units, including what is commonly known as an apartment building, but not including group, row, or town houses.
DWELLING, SINGLE-FAMILY, ATTACHED (GROUP, ROW, AND TOWN HOUSES): A building containing dwelling units, each of which has primary ground floor access to the outside and which are attached to each other by party walls without openings. The term is intended primarily for such dwelling types as townhouses and duplexes.
DWELLING, SINGLE-FAMILY, DETACHED: A residential building containing not more than one dwelling unit entirely surrounded by open space on the same lot.
DWELLING UNIT: One or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate toilets and facilities for cooking and sleeping.
EASEMENT: A grant of one or more of the property rights by the owner to, or for the use by, the public, a corporation, or another person or entity.
FACADE: The exterior wall of a building exposed to public view or that wall viewed by persons not within the building.
FAMILY:
A. One or more persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit; provided, that a group of four (4) or more persons who are not within the second degree of kinship shall not be deemed to constitute a "family".
B. Notwithstanding the provisions of subsection A of this definition, a "family" shall be deemed to include four (4) or more persons not within the second degree of kinship occupying a dwelling unit and living as a single, nonprofit housekeeping unit, if said occupants are handicapped persons as defined in title VIII of the civil rights act of 1968, as amended by the fair housing amendments act of 1988. Such unrelated individuals shall have the right to occupy a dwelling unit in the same manner and to the same extent as any family unit as defined in subsection A of this definition.
FENCE: A structure, other than a building, which is a barrier and used as a boundary or means of protection or confinement.
FLOODPLAIN: Any land area susceptible to being inundated by water from any source.
FLOOR AREA, GROSS: The sum of the area of the several floors of a building, including area used for human occupancy in basements, attics, and penthouses, as measured from the exterior faces of the walls. It does not include cellars, unenclosed porches, or attics not used for human occupancy, or any floor space in accessory buildings or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this title, or any such floor space intended and designed for accessory heating and ventilating equipment. It shall include the horizontal area at each floor level devoted to stairwells and elevator shafts.
FLOOR AREA RATIO: Determined by dividing the gross floor area of all buildings on a lot by the area of that lot.
FRONTAGE: All the property fronting on one side of the street, measured along such street, between an intersecting or intercepting street and another intersecting or intercepting street, a right of way in excess of thirty feet (30'), an end of a dead end street, a watercourse, or a village boundary.
GARAGE: A structure, or part thereof, designed or used for the parking and storage of vehicles.
GRADE: The average of the finished ground level at the center of all walls of a building. In case walls are parallel to, and within five feet (5') of, a sidewalk, the ground level shall be measured at the sidewalk.
GROSS LEASABLE AREA: The total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, if any, expressed in square feet and measured from the centerline of joint partitions and from outside wall faces.
GROUND COVERAGE: See definition of Lot Coverage.
GROUP HOME FOR THE HANDICAPPED:
A. A dwelling shared by four (4) or more handicapped persons, including resident staff, who live together as a single housekeeping unit and in a long term, family like environment in which staff persons provide care, education, and participation in community activities for the residents with the primary goal of enabling the residents to live as independently as possible in order to reach their maximum potential. As used herein, the term "handicapped" shall mean having:
1. A physical or mental impairment that substantially limits one or more of such person's major life activities so that such person is incapable of living independently;
2. A record of having such an impairment; or
3. Being regarded as having such an impairment.
B. However, "handicapped" shall not include current illegal use of, or addiction to, a controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals.
C. The term "group home for the handicapped" shall not include alcoholism or drug treatment centers, work release facilities for convicts or ex- convicts, or other housing facilities serving as an alternative to incarceration.
HEIGHT: The vertical distance to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and the ridge for gable, hip, and gambrel roofs, measured from the curb level if the building is not more than ten feet (10') from the front lot line or from the grade in all other cases.
HISTORIC DISTRICT: An area containing buildings or places in which historic events occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community, of such significance as to warrant conservation and preservation.
A. Is clearly incidental and subordinate to the use of the dwelling unit as a residence;
B. Is carried on solely within the main dwelling and does not alter or change the exterior character or appearances of the dwelling;
C. Is located in a residential district;
D. Is created and operated as a sole proprietorship.
HOTEL: A facility offering transient lodging accommodations on a daily rate to the general public and providing additional services such as restaurants, meeting rooms, and recreational facilities.
IMPERVIOUS SURFACE: Any material that substantially reduces or prevents the infiltration of stormwater into previously undeveloped land. "Impervious surface" shall include graveled driveways and parking areas.
IMPROVEMENT OR FACILITY, PUBLIC: A sanitary sewer, storm sewer, drainage appurtenance, water main, roadway, parkway, sidewalk, planting strip, or other facility for which the village or another governmental agency may assume maintenance or operational responsibility.
INDUSTRIAL PARK: A planned, coordinated development of a tract of land with two (2) or more separate industrial buildings. Such development is planned, designed, constructed, and managed on an integrated and coordinated basis with special attention given to on site vehicular circulation, parking, utility needs, building design and orientation, and open space.
INDUSTRY, HEAVY: A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.
INDUSTRY, LIGHT: A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing.
JUNKYARD: An open area where wastes or used or secondhand materials are bought, sold, exchanged, stored, processed, or handled. "Materials" shall include, but are not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. An "automobile wrecking yard" is also considered a "junkyard".
KENNEL: An establishment licensed to operate a facility housing dogs, cats, or other household pets and where grooming, breeding, boarding, training, or selling of animals is conducted as a business.
LOADING SPACE: An area used for the standing, loading or unloading of a truck or a trailer.
LOT: A lot that is part of a subdivision, the plat of which is recorded in the office of the Cook County recorder, or a parcel of land separately described in a recorded instrument.
LOT AREA: The area of horizontal plane bounded by the vertical planes through front, side, and rear lot lines.
LOT, CORNER: A lot abutting on, and at the intersection of, two (2) or more streets.
LOT COVERAGE: The area of a site covered by buildings or roofed areas, excluding allowed projecting eaves, balconies, and similar features.
LOT DEPTH: The average horizontal distance between the front and rear lot lines.
LOT, FLAG: A lot with access provided to the bulk of the lot by means of a narrow corridor.
LOT, INTERIOR: Any lot other than a corner lot.
LOT LINE: A line dividing one lot from another lot or from a street or alley.
LOT LINE, FRONT: The line separating the front of the lot from the street. When a lot or building site is bounded by a public street and one or more alleys or private street easements or private streets, the front lot line shall be the nearest right of way line of the public street.
LOT LINE, REAR: The lot line opposite to the front property line. Where the side property lines of a lot meet in a point, the rear property line shall be assumed to be a line not less than ten feet (10') long, lying within the lot and parallel to the front property line. In the event that the front property line is a curved line, then the rear property line shall be assumed to be a line not less than ten feet (10') long, lying within the lot and parallel to a line tangent to the front property line at its midpoint.
LOT LINE, SIDE: Any boundary of a lot that is not a front or rear lot line. On a corner lot, a side lot line may be a street lot line.
LOT OF RECORD: See definition of Lot.
LOT, SUBSTANDARD: A lot or parcel of land that has less than the required minimum area or width as established by the zone in which it is located; and provided, that such lot or parcel was of record as a legally created lot on the effective date of this title.
LOT, THROUGH: A lot that has a pair of opposite lot lines along two (2) substantially parallel streets, and which is not a corner lot. On a through lot, both street lot lines shall be deemed front lot lines.
LOT WIDTH: If the side property lines are parallel, the shortest distance between these side lines; or if the side property lines are not parallel, the width of the lot shall be the length of a line at right angles to the axis of the lot at a distance equal to the front setback required for the district in which the lot is located. The axis of a lot shall be a line joining the midpoints of the front and rear property lines.
LOT, ZONING: A tract of land consisting of one or more lots of record, or parts thereof, under single fee simple title ownership or control, located entirely within a block and occupied by, or designated by, its owner or developer at the time of filing for any zoning approval or building permit as a tract to be developed for a principal building and its accessory buildings, or a principal use, together with such open spaces and yards as are designed and arranged, or required under this title, to be used with such building or use.
MEDICAL CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is registered by department of financial and professional regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualified patients in compliance with the compassionate use of medical cannabis pilot program act 3 .
MOTEL: A building or group of detached or connected buildings designed or used primarily for providing sleeping accommodations for automobile travelers and a parking space adjacent to a sleeping room. An automobile court or a tourist court with more than one unit or a motor lodge shall be deemed a "motel".
NONCONFORMING BUILDING: Any building that does not meet the limitations on building size and location on a lot, for the district in which such building is located, for the use to which such building is being put.
NONCONFORMING LOT: A use or activity which lawfully existed prior to the adoption, revision, or amendment of this title, but which fails by reason of such adoption, revision, or amendment to conform to the use district in which it is located.
NONCONFORMING USE: A lawful use of land that does not comply with the use regulations for its zoning district, but which complied with applicable regulations at the time the use was established.
OFFICE: A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations.
OFFICE PARK: A large tract of land that has been planned, developed, and operated as an integrated facility for a number of separate office buildings and supporting ancillary uses with special attention given to circulation, parking, utility needs, aesthetics, and compatibility.
OPEN SPACE: Land used for recreation, resource protection, amenity, and/or buffers. In no event shall any area of a lot constituting the minimum lot area nor any part of an existing or future road or right of way be counted as constituting open space.
OPEN SPACE, COMMON: Open space within or related to a development, not in individually owned lots or dedicated for public use, but which is designed and intended for the common use or enjoyment of the residents of the development.
OWNER: Includes the holder of legal title as well as holders of any equitable interest, such as trust beneficiaries, contract purchasers, option holders, lessees under leases having an unexpired term of at least ten (10) years, and the like. Whenever a statement of ownership is required by this title, full disclosure of all legal and equitable interests in the property is required.
PARCEL: A continuous quantity of land in the possession of, or owned by, or recorded as the property of, the same person or persons.
PARK: An area open to the general public and reserved for recreational, educational, or scenic purposes.
PARKING LOT: An area not within a building where motor vehicles may be stored for the purposes of temporary, daily, or overnight off street parking.
PARKING, SHARED: The development and use of parking areas on two (2) or more separate properties for joint use by the businesses on those properties.
PARKING SPACE: An unobstructed space or area other than a street or alley that is permanently reserved and maintained for the parking of one motor vehicle.
PLANNED DEVELOPMENT: See chapter 17, article B of this title.
PRINCIPAL USE: The use of a zoning lot, whether a permitted or specially permitted use, designated by the owner of such lot as the primary or main use of such lot and to which any other use on such lot must be accessory.
RESTAURANT: A business establishment whose principal business is the selling of unpackaged food to the customer in a ready to consume state, in individual servings, or in nondisposable containers, and where the customer consumes these foods while seated at tables or counters located within the building.
RESTAURANT, DRIVE-IN: An establishment that delivers prepared food and/or beverages to customers in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages to customers who are not in motor vehicles, for consumption either on or off the premises.
RESTAURANT, FAST FOOD: An establishment that offers quick food service, which is accomplished through a limited menu of items already prepared and held for service, or prepared, fried, or griddled quickly, or heated in a device such as a microwave oven. Orders are not generally taken at the customer's table, and food is generally served in disposable wrapping or containers.
RIGHT OF WAY: A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or other special use.
ROAD, PRIVATE: (See also definitions of Right Of Way and Street.) A way open to vehicular ingress and egress established as a separate tract for the benefit of certain, adjacent properties. This definition shall not apply to driveways.
ROAD, PUBLIC: (See also definitions of Right Of Way and Street.) All public property reserved or dedicated for street traffic.
SCREENING: A structure erected or vegetation planted to conceal an area from view.
SETBACK: The required minimum horizontal distance between the building line and the related front, side, or rear property line.
SITE PLAN: A plan, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses, and principal site development features proposed for a specific parcel of land.
SPECIAL USE: See chapter 17, article A of this title.
STORY: That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above, then the space between the floor and ceiling next above it. The floor of a story may split levels; provided, that there is not more than a four foot (4') difference in elevation between the different levels of the floor. A basement shall be counted as a story; a cellar shall not be counted as a story. Any area in which the distance from one floor to the floor or ceiling above it is more than sixteen feet (16') shall be deemed to consist of one story for each sixteen feet (16') of height or major fraction thereof.
STREET: A public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles, that provides direct or indirect access to property.
STREET FRONTAGE: The distance for which a lot line of a zone lot adjoins a public street, from one lot line intersecting said street to the farthest distant lot line intersecting the same street.
SUBSTANTIAL REMODELING: Includes any increase in square footage which is suitable for occupancy; addition; relocation; change in number of living units; development of or change in an open area; or other change in a facility, but excluding painting, ordinary maintenance, and demolition or removal.
TEMPORARY USE: See section 12-4-10 of this title.
THROUGH LOT: See definition of Lot, Through.
TOWNHOUSE: See definition of Dwelling, Single-Family, Attached (Group, Row, And Town Houses).
TRANSITIONAL USE: A permitted use or structure that by nature or level and scale of activity acts as a transition or buffer between two (2) or more incompatible uses.
VARIANCE: See chapter 15 of this title.
WAREHOUSE: A building used primarily for the storage of goods and materials.
WAREHOUSING AND DISTRIBUTION: A use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions.
YARD: Any open space located on the same lot with a building, unoccupied and unobstructed from the ground up, except for accessory buildings, or such projections as are expressly permitted in this title. The minimum depth or width of a yard shall consist of the horizontal distance between the lot line and the nearest point of the foundation wall of the main building.
YARD, FRONT: (See also definition of Lot Line, Front.) A clear, unoccupied space on the same lot with a building, extending across the entire width of the lot and situated between the front line of the building and the front line of the lot.
YARD, REAR: A yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the building. Rear yard depth shall be measured at right angles to the rear line of the lot.
YARD, SIDE: A yard lying between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or in the absence of either of such front or rear yards, to the front or rear lot lines. Side yard width shall be measured at right angles to side lines of the lot.
ZERO LOT LINE: The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line.
ZONE: A portion of the territory of the village, exclusive of streets, alleys, and other public ways, within which certain uses of land, premises, and buildings are not permitted and within which certain yards and open spaces are required and certain height limits are established for buildings. (2005 Zoning Code; amd. Ord. 2006-04, 2-21-2006; Ord. 2006-16, 4-18-2006; Ord. 06-24, 7-18-2006; Ord. 14-11, 7-1-2014; Ord. 15-20, 3-3-2015)
Notes
| 1 | 1. 410 ILCS 130/1 et seq. |
| 2 | 1. See also section 12-4-5 of this title. |
| 3 | 1. 410 ILCS 130/1 et seq. |