ACCESSORY STRUCTURE. A structure located on the same lot as a principal structure that is subordinate in structure and use to the principal structure.
ACCESSORY USE. A use located on the same lot as a principal use that is subordinate to the principal use.
ADDITION. Construction that increases the size of a building or structure in terms of height, length, width, floor area, or impervious coverage.
ADJACENT. Property or right-of-way that touches a lot line of the subject property. Properties shall not be considered adjacent to one another if a public alley or other right-of-way separates the properties.
ADULT CABARET. An establishment that features any of the following: persons who appear nude or seminude; live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of SPECIFIED ANATOMICAL AREAS or the conduct or simulation of SPECIFIED SEXUAL ACTIVITIES; or films, motion pictures, videos, slides, or other visual representations or recordings that emphasize SPECIFIED ANATOMICAL AREAS or SPECIFIED SEXUAL ACTIVITIES.
ADULT STORE. An establishment having a substantial or significant portion of its sales or stock in trade devoted to books, magazines, periodicals, other printed matter, instruments, novelties, devices, paraphernalia, films, motion pictures, videos, digital materials, or other visual representations that are
distinguished or characterized by their emphasis on matter depicting, describing, or relating to
SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS. This shall include any establishment with a segment or section devoted to the sale or display of such materials, or an establishment that publicly claims itself as a purveyor of such materials based upon its signage, advertising, displays, actual sales, presence of booths, or any other factors showing the establishment's primary purpose is to purvey such material.
ADULT THEATER. An establishment that, as a substantial or significant portion of its business, presents films, motion pictures, videos, digital materials, or other visual representations that are distinguished or characterized by an emphasis on matter depicting, describing, or relating to SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
ADULT USE. Includes ADULT CABARETS, ADULT STORES, ADULT THEATERS, and other similar uses.
ALLEY. A narrow right-of-way typically located at the side and rear of lots that provides a means of access to adjacent properties.
ALTERATION. A change in the supporting members of a building or structure, such as bearing walls, partitions, columns, beams, or girders, or a substantial change to the roof or exterior walls.
ANIMAL BOARDING. An establishment where pet animals are temporarily boarded. ANIMAL BOARDING does not include ANIMAL HOSPITALS.
ANIMAL HOSPITAL. An establishment for the care and treatment of ill or injured pet animals that may be temporarily boarded during the period of care and treatment.
ANTENNA. A linear antenna designed to send and/or receive television, radio, communication, data, or other similar signals from other antennas.
APRON. A widened portion of a driveway adjacent to a garage, carport or parking pad.
ARBOR. A freestanding structure often used to define an access point to a garden that serves to support climbing plants.
ASSISTED LIVING FACILITY. A residential facility that provides daily assistance and long-term residence for disabled and/or elderly individuals, but does not provide regular in-patient medical or nursing care. Such facilities provide a combination of housing, supportive services, personalized assistance, and health care designed to respond to the individuals who need help with common daily activities, such as dressing, grooming, and bathing. An ASSISTED LIVING FACILITY does not include COMMUNITY RESIDENCE, INDEPENDENT LIVING FACILITY, or NURSING HOME.
AWNING. A roof-like cover, often constructed of flexible fabric and/or metal, which projects from the wall of a structure over a window, sidewalk, or door and is designed for protection from the weather or as a decorative element.
BALCONY. A platform that projects from the exterior wall of a building, which is exposed to the open air, has direct access to the interior of the building, and is not supported by columns extending to the ground.
BALL COURT. A paved area used to play sports and/or games.
BANQUET HALL. An establishment that provides accommodations for private functions, such as weddings, anniversaries, or other similar celebrations. Such use may include facilities for the preparation of food, on-premises consumption of alcoholic beverages, and provision of both indoor and outdoor reception facilities.
BAR/TAVERN. An establishment that sells alcoholic beverages for consumption on the premises and may also serve food for consumption on the premises in a manner that is incidental to the sale of alcoholic beverages.
BASEMENT. A portion of a building located partly underground that has no more than one half of its height above grade with the exception of a BUNGALOW, which may have more than one half of the height of the basement above grade.
BEST MANAGEMENT PRACTICE (BMP). A structural device, measure, or program used to reduce pollution in stormwater runoff. BMPs regulate the quantity of stormwater runoff and improve the quality of the runoff before it enters the groundwater.
BICYCLE PARKING SPACE. An area used to park a bicycle that may or may not be located on a right-of-way.
BLOCK. Land bounded on all sides by street rights-of-way, utility rights-of-way, and/or physical barriers such as bodies of water or public open spaces.
BUFFER YARD. A yard or landscape component used to separate uses or structures, diminish light trespass, or fulfill other similar purposes.
BUILDING. A structure with substantial walls and a substantial roof that is securely affixed to land and separated on all sides from similar structures by space or by walls that do not have communicating doors, windows, or similar openings.
BUILDING HEIGHT. For a building with a flat roof, the vertical distance measured from the ground immediately adjacent to the building to its highest point. For a building with a gable, hip, or
gambrel roof, the vertical distance measured from the ground immediately adjacent to the building to the mean point between the eaves and the ridge. For a building with a mansard roof, the vertical distance measured from the ground immediately adjacent to the building to the deck line. Regardless of roof type, the following projections shall not be included when determining building height: chimneys, towers, spires, steeples, parapet walls, staircase enclosures, elevator enclosures, tanks, cooling towers, mechanical equipment, and similar projections. See Figure 1254.02-A. Building Height and Roof Types.
Figure 1254.02-A. Building Height and Roof Types
BUNGALOW. A single-family dwelling, generally built between 1910 and 1950, with a maximum of one and one-half stories at original construction and possessing distinctive architectural features, including a low-pitched roof with overhang, front porch, dormer windows, and brick facing with stone trim.
CANOPY. A rigid roof-like cover, often constructed of metal and/or glass, which projects from the wall of a structure over a window, sidewalk, or door and is designed for protection from the weather or as a decorative element. A canopy may include ground-mounted support posts.
CAR WASH. An establishment engaged in the cleaning of motor vehicles, recreational vehicles, and/or other similar vehicles whether automatic or by hand.
CARNIVAL OR CIRCUS. A traveling group of rides, animal displays, shows, games, and/or concessions.
CITY. The City of Berwyn, Illinois.
CLUB, LODGE, OR HALL. A meeting, recreational, or social facility established primarily for the use of the members and guests of a non-profit or private organization.
COMMERCIAL VEHICLE. A motor vehicle operated for the transportation of people or property as part of a commercial enterprise.
COMMUNITY GARDEN. Land that is collectively cultivated and maintained by a group of people.
COMMUNITY RESIDENCE. A group residence consisting of a group home or specialized residential care home licensed, certified, or accredited by the appropriate state or federal agencies. Such residence shall serve as a single housekeeping unit for the housing of unrelated people with functional disabilities who share responsibilities, meals, social activities, and other aspects of residential living. COMMUNITY RESIDENCE does not include ASSISTED LIVING FACILITY, INDEPENDENT LIVING FACILITY, NURSING HOME, or TRANSITIONAL TREATMENT FACILITY.
CONFORMING STRUCTURE. A structure that complies with the bulk and setback regulations of this Zoning Code for the zoning district in which such structure is located.
CONFORMING USE. A use that complies with the use regulations of this Zoning Code for the zoning district in which such use is located.
CONGREGATE CARE FACILITY. A residential facility that contains small individual dwelling units that include a kitchen, but have common dining, housekeeping, recreational, and social facilities. Such facilities do not provide regular in-patient medical or nursing care but may provide 24-hour non-medical care, assistance, and services essential for sustaining the activities of daily living or for the protection of the individual. CONGREGATE CARE FACILITY does not include ASSISTED LIVING FACILITY, COMMUNITY RESIDENCE, INDEPENDENT LIVING FACILITY, NURSING HOME, or TRANSITIONAL TREATMENT FACILITY.
CONTRACTOR TRAILER. A portable building or structure that may include office space and/or facilities for equipment storage for a construction project.
CORNER LOT. A parcel of land located at the intersection of at least two streets and that has frontage on each street.
CORNER SIDE FACADE. Any facade that faces and is most closely parallel to the corner side lot line.
CORNER SIDE LOT LINE. The boundary of a lot that is approximately perpendicular to the front and rear lot lines, which separates the longest frontage of a corner lot from the right-of-way. Refer to Figure 1254.02-B. Lot Lines and Yards.
Figure 1254.02-B. Lot Lines and Yards
CORNER SIDE YARD. The area on a lot extending from the corner side facade of a building to the corner side lot line between the front yard and the rear lot line. Refer to Figure 1254.02-B. Lot Lines and Yards.
CREDIT UNION. A financial cooperative establishment, or an automated teller machine established by such an entity. CREDIT UNION does not include CURRENCY EXCHANGE, FINANCIAL INSTITUTION, LOAN COMPANY, MORTGAGE BROKER, or PAYDAY LOAN.
CULTURAL FACILITY. A use that provides cultural services including, but not limited to, museums, cultural centers, historical societies, and libraries.
CURRENCY EXCHANGE. An establishment engaged in providing services to cash checks, issue money orders, and prepare cashier's checks for a fee. CURRENCY EXCHANGE does not include CREDIT UNION, FINANCIAL INSTITUTION or LOAN COMPANY, MORTGAGE BROKER, or PAYDAY LOAN.
DAY CARE CENTER. An establishment providing care for more than three children or adults in a protective setting for less than 24 hours per day that is not located within a residential dwelling unit. DAY CARE CENTER does not include day care programs operated by a PLACE OF WORSHIP.
DAY CARE HOME. A facility within a residential dwelling unit that provides care for up to eight children, including the family's natural or adopted children, or adults in a protective setting for less than 24 hours per day.
DECK. A roofless outdoor platform often constructed of wood or composite wood that is elevated from the ground and connects to the exterior wall of a building.
DRIVE-THROUGH FACILITY. A facility used to provide products or services through a window, attendant, or automated machine to people in motor vehicles. A DRIVE-THROUGH FACILITY may be established in combination with other uses, such as a FINANCIAL INSTITUTION, PERSONAL SERVICES ESTABLISHMENT, RESTAURANT, or RETAIL GOODS ESTABLISHMENT. A DRIVE-THROUGH FACILITY shall not be considered to be established in combination with uses such as a CAR WASH, GAS STATION, and MOTOR VEHICLE REPAIR AND/OR SERVICE.
DRIVEWAY. An unobstructed area that provides access to a parking or loading space.
DRIVEWAY FLARE. A sloped surface that flanks a curb ramp providing a graded transition between the ramp and the sidewalk.
DWELLING. A structure, or portion of a structure, designed for occupancy by one family or household for residential purposes as a single housekeeping unit. DWELLING does not include a motor home, trailer, tent, or portable building.
DWELLING ABOVE THE GROUND FLOOR. One or more dwelling units located on the upper floors of a building that contains non-residential uses on its ground floor.
EASEMENT. Land that has been designated by lawful agreement between the owner of the land and another person for a specified use by such person.
EAVE. The projecting lower edge of a roof that overhangs the wall of a building.
ELECTRICAL GENERATOR. A device that generates electrical power.
ENCROACHMENT. The location of a structure within a required setback.
ENVIRONMENTAL PERFORMANCE STANDARDS. Criteria established to regulate noise, odor, dust, air pollution, glare, heat, vibration, fire, explosion hazards, or hazardous materials generated by the use of land or buildings.
FACADE. The exterior face of a building including, but not limited to, the wall, windows, windowsills, doorways, and design elements.
FAMILY. One or more individuals who are related by blood, marriage, civil union, legal adoption, or legal guardianship living together and maintaining a common household including domestic guests and employees, or six or fewer individuals not so related.
FARMERS MARKET. An outdoor market located in a designated area for the sale of agricultural products by the vendors who typically produce such items.
FENCE. A barrier typically constructed of brick, stone, treated wood, simulated wood, PVC, steel, or a combination of materials, that is erected to separate, screen, or enclose an area.
FINANCIAL INSTITUTION. A bank or savings and loan office, or an automated teller machine established by such an entity. FINANCIAL INSTITUTION does not include CREDIT UNION, CURRENCY EXCHANGE, LOAN COMPANY, MORTGAGE BROKER, or PAYDAY LOAN.
FLAT ROOF. A roof with no visible slope from any street-facing facade, which may or may not have overhanging eaves. See Figure 1254.02-A. Building Height and Roof Types.
FOOT-CANDLE. A measure of the illuminance cast upon a surface that is one foot from a uniform light source of one candela, and which is equal to one lumen per square foot.
FRONT FACADE. Any facade that faces and is most closely parallel to the front lot line.
FRONT LOT LINE. The boundary of a lot that is adjacent to a right-of-way. For corner lots, the front lot line shall be the shortest street frontage of the lot. For irregularly shaped lots, the front lot line shall be the entire length of the lot line that is adjacent to a right-of-way. Refer to Figure 1254.02-B. Lot Lines and Yards.
FRONT YARD. The area on a lot extending from the front facade of a building to the front lot line between the side lot lines. Refer to Figure 1254.02-B. Lot Lines and Yards.
FULLY SHIELDED LIGHTING. A fixture that prevents light from being emitted above a horizontal plane running from the lowest point of the fixture that emits light.
FUNERAL HOME. An establishment where services are conducted for the deceased, including facilities and chapels to prepare the deceased for display, burial, and cremation.
GARAGE. A building, either attached or detached, which is used or designed for the parking and storage of motor vehicles.
GARAGE OR YARD SALE. The sale of a variety of used household items, which is typically held in the garage or front yard of a residential dwelling.
GAS STATION. A business where motor vehicle fuel is stored and dispensed from fixed equipment into motor vehicles. GAS STATION does not include MOTOR VEHICLE REPAIR AND/OR SERVICE.
GAZEBO. A freestanding open-sided structure, often hexagonal or octagonal in shape, that provides shade and shelter in outdoor areas.
GENERAL MANUFACTURING. An establishment where products are manufactured from processed or unprocessed raw materials, which may include activities such as processing, fabrication, assembly, treatment, and packaging of such products. GENERAL MANUFACTURING may include incidental storage, sales, and distribution of such products.
GOVERNMENT FACILITY. A building or structure owned, operated, and/or occupied by a governmental agency to provide government services to the public. GOVERNMENT FACILITY includes public safety facilities, public works facilities, post offices, and administrative offices, but does not include PARK, PRESCHOOL OR ELEMENTARY SCHOOL, or SECONDARY SCHOOL.
GRADE. The elevation of the sidewalk in front of the building as measured from the center of the front of the building.
GREENHOUSE. A building for the cultivation and protection of plants, which is typically constructed of transparent glass, metal, and/or plastic.
GREEN INFRASTRUCTURE. A water management technique that uses natural systems, such as landscaping and vegetation, to filter and control runoff.
GROSS FLOOR AREA. The total horizontal area of the floors of a building as measured from the outside face of the walls.
HALF STORY. The portion of a building under a gable, hip, or gambrel roof with exterior walls that are no more than four-and-a-half feet above the floor.
HIGHER EDUCATION SCHOOL. A post-secondary educational institution that grants associate's, bachelor's, master's, and/or doctoral degrees. HIGHER EDUCATION SCHOOLS may include professional schools, theological schools, and/or research facilities.
HOME OCCUPATION. An occupation carried on in a dwelling by a resident which is accessory to the residential use of the dwelling.
HOSPITAL. An institution that provides healthcare and medical services for the sick and injured, which may include, but shall not be limited to, in-patient facilities, out-patient facilities, training facilities, offices, and laboratories.
HOTEL/MOTEL. An establishment that provides sleeping accommodations and lodging services on a short-term basis for a fee and amenities which may include, but shall not be limited to, restaurants, meeting rooms, health clubs, and swimming pools.
HOUSEHOLD. A number of individuals that live together on the premises as a single housekeeping unit.
IMPERVIOUS COVERAGE. The proportion of the gross area of a lot occupied by surfaces that do not allow stormwater filtration, such as principal structures, accessory structures, walkways, paved driveways, and paved parking lots.
INDEPENDENT LIVING FACILITY. A residential facility that contains dwellings where at least one of the residents occupying a unit is 55 years or older. Such facilities do not provide regular in-patient medical or nursing care but may provide common areas for meals or socializing and limited convenience services. An INDEPENDENT LIVING FACILITY does not include ASSISTED LIVING FACILITY, COMMUNITY RESIDENCE, or NURSING HOME.
INDOOR ENTERTAINMENT. An enclosed building where spectator uses are conducted by a for-profit entity that typically charges patrons a fee to enter. Typical INDOOR ENTERTAINMENT uses include, but shall not be limited to, indoor theaters, indoor music venues, and indoor sports arenas. INDOOR ENTERTAINMENT uses may include refreshment stands that provide products for consumption on the premises. INDOOR ENTERTAINMENT does not include ADULT USE or INDOOR RECREATION.
INDOOR RECREATION. An enclosed building where recreational activities are conducted by a for-profit entity that typically charges patrons a fee to enter. Typical INDOOR RECREATION uses may include, but shall not be limited to, bowling alleys, pool halls, children's play facilities, arcades, indoor miniature golf courses, indoor swimming pools, indoor tennis courts, and indoor skating facilities. INDOOR RECREATION uses may include refreshment stands that provide products for consumption on the premises. INDOOR RECREATION does not include INDOOR ENTERTAINMENT, PARK, PRESCHOOL OR ELEMENTARY SCHOOL, or SECONDARY SCHOOL.
INTERIOR LOT. A parcel of land that has street frontage along at least one lot line and is flanked by lots along its side lot lines.
INTERIOR SIDE FACADE. Any facade that faces and is most closely parallel to the interior side lot line.
INTERIOR SIDE LOT LINE. The boundary of a lot that is approximately perpendicular to the front and rear lot lines and is not adjacent to the right-of-way. Refer to Figure 1254.02-B. Lot Lines and Yards.
INTERIOR SIDE YARD. The area on a lot extending from the interior side facade of a building to the interior side lot line between the front yard and the rear yard. Refer to Figure 1254.02-B. Lot Lines and Yards.
LIBRARY. An institution that provides literary, musical, artistic, and reference material to the public.
LOADING SPACE. An unobstructed area provided and maintained for the temporary parking of motor vehicles in order to load and unload materials.
LOAN COMPANY. A financial institution principally engaged in providing loans. LOAN COMPANY does not include CREDIT UNION, CURRENCY EXCHANGE, FINANCIAL INSTITUTION, MORTGAGE BROKER, or PAYDAY LOAN.
LOT. A parcel or tract of land intended to be separately owned, developed, or otherwise used.
LOT AREA. The area of a zoning lot contained within its lot lines.
LOT DEPTH. The mean distance between the front and rear lot lines of a lot.
LOT LINE. The boundary line of any lot.
LOT OF RECORD. A legally created lot established by plat, deed, or contract as recorded by the Cook County Recorder of Deeds.
LOT WIDTH. The minimum width of a lot, measured at the front lot line.
MASSAGE THERAPY ESTABLISHMENT. A commercial enterprise primarily engaged in the provision of massage therapy services, as defined by § 855.01 (Definitions) of Chapter 855 (Massage Establishment) of Title Two (Business Regulation) of Part Eight (Business Regulation and Taxation Code) of the Code of Ordinance of Berwyn. MASSAGE THERAPY ESTABLISHMENT includes facilities that sell products and goods in an incidental manner to the establishment’s provision of services.
MAXIMUM CORNER SIDE SETBACK. The maximum distance that a building or structure shall be located from a corner side lot line, as required by the zoning district regulations.
MAXIMUM FRONT SETBACK. The maximum distance that a building or structure shall be located from a front lot line, as required by the zoning district regulations.
MECHANICAL EQUIPMENT. Ground-mounted equipment such as heating, ventilating, and air-conditioning (HVAC) units.
MEDICAL/DENTAL OFFICE WITH DISPENSARY. A facility operated by one or more physicians, dentists, physical therapists, or other licensed health professionals that provides outpatient treatment of people and also dispenses pharmaceutical products for off-site use. MEDICAL/DENTAL OFFICE WITH DISPENSARY does not include MEDICAL/DENTAL OFFICE WITHOUT DISPENSARY, MEDICAL MARIJUANA DISPENSARY, TRANSITIONAL TREATMENT FACILITY WITH DISPENSARY, or TRANSITIONAL TREATMENT FACILITY WITHOUT DISPENSARY.
MEDICAL/DENTAL OFFICE WITHOUT DISPENSARY. A facility operated by one or more physicians, dentists, physical therapists, or other licensed health professionals that provides outpatient treatment of people that may not dispense pharmaceutical products for off-site use. MEDICAL/DENTAL OFFICE WITHOUT DISPENSARY does not include MEDICAL/DENTAL OFFICE WITH DISPENSARY, MEDICAL MARIJUANA DISPENSARY, TRANSITIONAL TREATMENT FACILITY WITH DISPENSARY, or TRANSITIONAL TREATMENT FACILITY WITHOUT DISPENSARY.
MEDICAL MARIJUANA DISPENSARY. An establishment licensed, certified, or accredited by the appropriate state agencies to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients.
MICROBREWERY/MICRO-DISTILLERY. An establishment of no greater than 5,000 square feet that produces alcoholic and/or non-alcoholic beverages on site, which may include an accessory or adjacent taproom where customers are allowed to sample and purchase products manufactured on-site. The sale of beer or liquor manufactured outside the premises is prohibited.
MINIMUM CORNER SIDE SETBACK. The minimum distance a building or structure shall be located from a corner side lot line, as required by the zoning district regulations.
MINIMUM INTERIOR SIDE SETBACK. The minimum distance a building or structure shall be located from an interior side lot line, as required by the zoning district regulations.
MINIMUM FRONT SETBACK. The minimum distance that a building or structure shall be located from a front lot line, as required by the zoning district regulations.
MINIMUM REAR SETBACK. The minimum distance that a building or structure shall be located from a rear lot line, as required by the zoning district regulations.
MINIMUM STREET FRONTAGE. The minimum proportion of a building required to be located adjacent to a right-of-way, expressed as a percentage of the overall lot frontage.
MODEL UNIT. A building or structure displayed as an example of the dwellings available for sale or rental in a residential development. A MODEL UNIT may include sales or rental offices.
MORTGAGE BROKER. An establishment that arranges the terms of mortgages. MORTGAGE BROKER does not include CREDIT UNION, CURRENCY EXCHANGE, FINANCIAL INSTITUTION, LOAN COMPANY, or PAYDAY LOAN.
MOTOR VEHICLE PARKING SPACE. An area used to park a motor vehicle that may or may not be located on a right-of-way.
MOTOR VEHICLE RENTAL. An establishment that rents motor vehicles, including incidental facilities for parking and servicing such vehicles.
MOTOR VEHICLE REPAIR AND/OR SERVICE. An establishment that provides services to adjust, align, repair, repaint, and/or replace motor vehicle parts and systems. MOTOR VEHICLE REPAIR AND/OR SERVICE includes facilities that sell motor vehicle parts and supplies in an incidental manner to the establishment's repair facilities. MOTOR VEHICLE REPAIR AND/OR SERVICE does not include GAS STATION or MOTOR VEHICLE SALES.
MOTOR VEHICLE SALES. An establishment that sells or leases new or used motor vehicles, including incidental facilities for parking and servicing such vehicles.
MULTI-FAMILY DWELLING. A building that contains three or more dwelling units where each unit has an individual entrance to a common stairway, hallway, or to the outdoors. MULTI-FAMILY DWELLING does not include TOWNHOUSE DWELLING or TWO-FAMILY DWELLING.
NATIVE SPECIES. A plant or animal that occurs naturally within an area, and was not introduced through human assistance.
NIT. A measure of the luminance cast from a surface that is equal to one candela per square meter.
NONCONFORMING LOT. A lot of record that at one time conformed to applicable zoning regulations, but no longer conforms due to subsequent amendments to this Code.
NONCONFORMING STRUCTURE. A principal or accessory structure that at one time conformed to applicable zoning regulations, but no longer conforms due to subsequent amendments to this Code. NONCONFORMING STRUCTURE shall also include nonconforming on-site development, off-street parking and loading facilities, and landscape characteristics.
NONCONFORMING USE. A use of land or a structure that at one time conformed to applicable zoning regulations, but no longer conforms due to subsequent amendments to this Code.
NURSERY. An establishment that sells plants grown or stored on site.
NURSING HOME. A residential facility that provides ongoing medical care and inpatient services for people requiring regular medical attention. Such facilities do not provide emergency medical services, surgical services, or treatment for alcoholism, drug addiction, or mental illness. A NURSING HOME does not include ASSISTED LIVING FACILITY, COMMUNITY RESIDENCE, INDEPENDENT LIVING FACILITY, or TRANSITIONAL TREATMENT FACILITY.
OFF-STREET PARKING. An area used to park a motor vehicle that is not located on a right-of-way.
OFF-STREET PARKING LOT. An area not located on a right-of-way that is used to park motor vehicles, including surface parking lots. OFF-STREET PARKING LOTS may or may not be available to the public and/or charge users a fee.
ON-STREET PARKING. An area used to park a motor vehicle that is located on a right-of-way.
OUTDOOR ENTERTAINMENT. An open air or partially enclosed structure in which spectator uses are conducted by a for-profit entity that typically charges patrons a fee to enter. Typical OUTDOOR ENTERTAINMENT uses include, but shall not be limited to, outdoor theaters, outdoor music venues, outdoor sports arenas, and amusement parks. OUTDOOR ENTERTAINMENT uses may include refreshment stands that provide products for consumption on the premises. OUTDOOR ENTERTAINMENT does not include OUTDOOR RECREATION.
OUTDOOR RECREATION. An open air or partially enclosed structure where recreational activities are conducted by a for-profit entity that typically charges patrons a fee to enter. Typical OUTDOOR RECREATION uses may include, but shall not be limited to, outdoor miniature golf courses, outdoor swimming pools, outdoor tennis courts, and outdoor skating facilities. OUTDOOR RECREATION uses may include refreshment stands that provide products for consumption on the premises. OUTDOOR RECREATION does not include OUTDOOR ENTERTAINMENT, PARK, PRESCHOOL OR ELEMENTARY SCHOOL, or SECONDARY SCHOOL.
OUTDOOR SALE. The display and sale of products and services outside of a building or structure.
OUTDOOR STORAGE. An area for the storage of materials, equipment, machinery, or motor vehicles used in the conduct of a business.
OWNER. The legal or beneficial title-holder of land, or the holder of a written option to contract or purchase the land.
PARAPET ROOF. A low wall that projects above a roof along the perimeter of the building. See Figure 1254.02-A. Building Height and Roof Types.
PARK. An area for active recreation, passive recreation, and/or resource protection that is open to the public. PARK may include, but shall not be limited to, baseball fields, football fields, soccer fields, basketball courts, tennis courts, playgrounds, water parks, and field houses. PARK does not include INDOOR RECREATION or OUTDOOR RECREATION.
PARKING GARAGE. A parking structure that is used to park motor vehicles. PARKING GARAGES may or may not be available to the public and/or charge users a fee.
PARKING LOT PERIMETER LANDSCAPE YARD. A planted area located around the boundary of a parking lot that is located between the parking lot and a right-of-way.
PARKWAY. The area between the lot line and the nearest edge of the curb excluding the sidewalk, or in the absence of a curb, between the lot line and the nearest edge of the street. A PARKWAY typically includes low ground cover and/or street trees.
PATIO. A roofless hard surfaced area typically constructed of masonry, brick, or concrete that is attached to the ground adjacent to the wall of a building.
PAWN SHOP. An establishment licensed, certified, or accredited by the appropriate local and state agencies that lends money in exchange for personal property that is used as collateral. PAWN SHOPS may purchase personal property outright or on the condition of selling it back to a customer with interest. PAWN SHOPS may include cash for gold establishments, which have the primary business of purchasing precious metals, jewelry, watches, and other similar items. PAWN SHOP does not include RETAIL GOODS ESTABLISHMENTS such as antique stores and consignment stores.
PAYDAY LOAN. An establishment that provides loans to individuals in exchange for personal checks or titles to motor vehicles. PAYDAY LOAN does not include CREDIT UNION, CURRENCY EXCHANGE, FINANCIAL INSTITUTION, LOAN COMPANY, or MORTGAGE BROKER.
PERGOLA. A freestanding structure with columns or posts topped with beams and open rafters, which may or may not be connected to the wall of a building.
PERMEABLE PAVEMENT. A pavement system designed to collect and absorb stormwater runoff.
PERMITTED USE. A use that is allowed to be established by right in a zoning district, and does not require administrative review or approval.
PERSON. An individual, firm, corporation, partnership, or other similar entity.
PERSONAL SERVICES ESTABLISHMENT. A commercial enterprise primarily engaged in the provision of services of a personal nature. PERSONAL SERVICE ESTABLISHMENT uses may include, but shall not be limited to, dry cleaners, laundromats, barbershops, beauty salons, animal grooming establishments, health clubs, shoe repair shops, and tailor shops. PERSONAL SERVICE ESTABLISHMENT includes facilities that sell products and goods in an incidental manner to the establishment's provision of services. PERSONAL SERVICES ESTABLISHMENT does not include ADULT USE or TATTOO PARLOR.
PITCHED ROOF. A pitched or sloped roof, including hipped roofs, gabled roofs, roofs with a combination of hips and gables, gambrel roofs, and mansard roofs. See Figure 1254.02-A. Building Height and Roof Types.
PLACE OF WORSHIP. An institution maintained by a religious body where people assemble for religious purposes, ceremonies, and other similar events. PLACE OF WORSHIP may include housing for members of religious orders and DAY CARE CENTERS.
PLANNED DEVELOPMENT. A distinct category of special use permits intended to allow flexibility in the application of the standards of this Zoning Code. PLANNED DEVELOPMENTS are intended for significant development proposals that provide amenities to the community which are not required from conventional development applications.
PORCH. An unenclosed roofed platform projecting from the exterior wall of a building.
PRESCHOOL OR ELEMENTARY SCHOOL. A public or private educational facility offering instruction to preschool, elementary, and/or junior high school students with a full range of curricular programs.
PRINCIPAL STRUCTURE. A structure where the primary use of the lot is conducted.
PRINCIPAL USE. The primary use of a lot or building as distinguished from an accessory use.
PROFESSIONAL OFFICE. An establishment that engages in the application, processing, or manipulation of business information or professional expertise, which may or may not offer services to the public. A PROFESSIONAL OFFICE shall not manufacture, assemble, warehouse, or repair goods and products for the retail or wholesale market or engage in the repair of products or the provision of retail services. PROFESSIONAL OFFICE may include, but shall not be limited to, law firms, insurance agencies, accounting firms, real estate agencies, investment firms, and non-profit organizations. PROFESSIONAL OFFICE does not include government offices, which are considered a GOVERNMENT FACILITY.
RAINWATER CISTERN. A container for storing rainwater.
REAR FACADE. Any facade that faces and is most closely parallel to the rear lot line.
REAR LOT LINE. The boundary of a lot that is most distant from and approximately parallel to the front lot line. Refer to Figure 1254.02-B. Lot Lines and Yards.
REAR YARD. The area on a lot extending from the rear facade of a building to the rear lot line between the side lot lines on an interior lot, and between the side lot line and the corner side yard on a corner lot. Refer to Figure 1254.02-B. Lot Lines and Yards.
RECREATION EQUIPMENT. Structures typically used for children's active recreation, which may include, but not be limited to swing sets and jungle gyms.
RESEARCH/DEVELOPMENT FACILITY. A facility where ideas and technologies are investigated, tested, and refined in industries that may include, but shall not be limited to, electronics, computer hardware and software, communications, information technology, biotechnology, and pharmaceuticals. RESEARCH/DEVELOPMENT FACILITY may include the incidental manufacture and/or sale of products developed at the facility.
RESIDENTIAL CARE FACILITY. A group care facility licensed for 24-hour medical or non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living, or for the protection of the individual. A RESIDENTIAL CARE FACILITY includes ASSISTED LIVING FACILITY, CONGREGATE CARE FACILITY, INDEPENDENT LIVING FACILITY, NURSING HOME, hospice, and continuum of care facilities.
RESTAURANT. An establishment that prepares and sells food and beverages for consumption on the premises and/or for carryout. RESTAURANT shall not include refreshment stands incidental to INDOOR ENTERTAINMENT, INDOOR RECREATION, OUTDOOR ENTERTAINMENT, or OUTDOOR RECREATION uses.
RETAIL GOODS ESTABLISHMENT. A commercial enterprise primarily engaged in providing physical goods, products, or merchandise directly to the consumer, where such goods are typically available for immediate purchase and removal from the premises by the purchaser. RETAIL GOODS ESTABLISHMENT may include, but shall not be limited to, grocery stores, clothing stores, jewelry stores, appliance stores, electronics stores, furniture stores, office supply stores, bookstores, and sporting goods stores. RETAIL GOODS ESTABLISHMENT does not include ADULT USE or TOBACCO SHOP.
RIGHT-OF-WAY. Land dedicated or utilized for a street, trail, sidewalk, utility, railroad, or other similar purpose.
SATELLITE DISH. A parabolic antenna designed to send and/or receive television, radio, communication, data, or other similar signals from satellites and antennas.
SEASONAL SALE. An area for the outdoor sale of merchandise of a seasonal nature, such as pumpkins or Christmas trees.
SECONDARY SCHOOL. A public or private educational facility offering instruction to high school students with a full range of curricular programs.
SELF-SERVICE STORAGE. A facility used for the storage of personal property where individuals rent storage spaces of various sizes on an individual basis.
SHADE TREE. A deciduous tree, generally having a single stem, planted primarily for shade. Trees with an expected canopy of over 40 feet are considered large shade trees. Trees with an expected canopy of 30 to 40 feet are considered medium shade trees.
SHED. A relatively small building typically used to store lawn, garden, and/or swimming pool equipment.
SIDEWALK SALE. The temporary outdoor sale of merchandise by businesses that typically occurs on the sidewalk within the public right-of-way.
SINGLE-FAMILY DWELLING. A building that contains one dwelling unit, which is not attached to any other dwelling units.
SMALL FOOD MANUFACTURING. A facility primarily engaged in the preparation and production of food items for off-premises consumption and/or resale by others. Typical uses include caterers, wholesale bakeries, commissary kitchens, and specialty food packaging and/or processing shops. SMALL FOOD MANUFACTURING does not include BREWERY/DISTILLERY, GENERAL MANUFACTURING, RESTAURANT, or WHOLESALE ESTABLISHMENT.
SMALL WIND ENERGY SYSTEM. A structure that converts wind energy to electric or mechanical power with a rated capacity of not more than 100kW.
SOLAR ENERGY COLLECTION SYSTEM. A structure that converts sunlight into electric or mechanical power.
SPECIAL USE. A use that has unique characteristics inherent to its operation that may be allowed in a zoning district following administrative review and approval.
SPECIFIED ANATOMICAL AREAS. Less than completely and opaquely covered human genitals, pubic region, buttocks, or female breasts below a point immediately above the top of the areola; and human genitals, or any device worn to simulate human genitals, in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, oral copulation, or sodomy; and fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts.
STACKING SPACE. A space designated as a waiting area for vehicles at a drive-through establishment.
STORY. The portion of a building included between a floor and the floor above it, or if there is no floor above it, the space between the floor and the ceiling above the floor. A basement shall not be counted as a story.
STRUCTURE. Anything constructed or erected that requires location on the ground or must be attached to something located on the ground.
SWIMMING POOL. An in-ground or aboveground basin of water constructed for swimming or wading.
TANDEM PARKING. A parking area consisting of two or more parking spaces placed one behind the other, with the space nearest to the driveway or street access serving as the only means of access to the other space.
TATTOO PARLOR. An establishment that provides the service of permanently marking the skin with designs, symbols, or other markings using ink and needles, and may also offer body-piercing services.
TEMPORARY STORAGE CONTAINER. A temporary, moveable structure that may be used for the storage of possessions or products prior to being transported to a storage facility, or for collecting waste and other material associated with the construction and renovation of a structure.
TEMPORARY STRUCTURE. A structure that is intended to be in place for a limited period of time, which is typically constructed without a foundation.
TEMPORARY USE. A use that is intended to be in place for a limited period of time.
THROUGH LOT. An interior lot having frontage on two parallel streets that do not intersect.
TOBACCO SHOP. An establishment that specializes in the sale of tobacco products and related goods, and may sell other products in a manner that is incidental to the sale of tobacco products.
TOWNHOUSE DWELLING. A building that contains three or more dwelling units where each unit has an individual entrance to the outdoors and each unit is attached vertically using one or more party walls. TOWNHOUSE DWELLING does not include MULTI-FAMILY DWELLING or TWO-FAMILY DWELLING.
TRANSITIONAL TREATMENT FACILITY WITH DISPENSARY. A facility that provides supervision, counseling, and therapy for individuals recovering from addiction that is licensed, certified, or accredited by the appropriate state or federal agencies, and also dispenses pharmaceutical products for off-site use. TRANSITIONAL TREATMENT FACILITY WITH DISPENSARY does not include any residential facility. TRANSITIONAL TREATMENT FACILITY WITH DISPENSARY does not include MEDICAL/DENTAL OFFICE WITH DISPENSARY, MEDICAL/DENTAL OFFICE WITHOUT DISPENSARY, MEDICAL MARIJUANA DISPENSARY, or TRANSITIONAL TREATMENT FACILITY WITHOUT DISPENSARY.
TRANSITIONAL TREATMENT FACILITY WITHOUT DISPENSARY. A facility that provides supervision, counseling, and therapy for individuals recovering from addiction that is licensed, certified, or accredited by the appropriate state or federal agencies, and that may dispense pharmaceutical products for off-site use. TRANSITIONAL TREATMENT FACILITY WITHOUT DISPENSARY does not include any residential facility. TRANSITIONAL TREATMENT FACILITY WITHOUT DISPENSARY does not include MEDICAL/DENTAL OFFICE WITH DISPENSARY, MEDICAL/DENTAL OFFICE WITHOUT DISPENSARY, MEDICAL MARIJUANA DISPENSARY, or TRANSITIONAL TREATMENT FACILITY WITH DISPENSARY.
TRELLIS. A vertical latticework structure used in a garden to support climbing plants.
TWO-FAMILY DWELLING. A building that contains two dwelling units where each unit has an individual entrance to a common stairway, hallway or to the outdoors. TWO-FAMILY DWELLING does not include MULTI-FAMILY DWELLING or TOWNHOUSE DWELLING.
UNSHIELDED LIGHTING. A fixture that allows light to be emitted above a horizontal plane from the lowest point of the fixture that emits light.
USE. The purpose or activity for which a lot, building, or structure is designed, intended, occupied, or maintained.
UTILITY. The use of land for infrastructure facilities including, but not limited to, services for gas, electricity, water treatment and storage, sewage treatment and storage, telephone, and cable television.
VARIATION. Authorization granted by the city to allow development that deviates from the specific regulations of this Zoning Code.
WALL. A vertical structure, typically constructed of concrete, stone, brick, masonry, or other similar material, that creates a physical barrier for light and air.
WAREHOUSING, STORAGE, OR DISTRIBUTION FACILITY. An establishment that stores and transports products or equipment, including, but not limited to warehouses, moving companies, storage facilities, freight transportation, and truck terminals.
WHOLESALE ESTABLISHMENT. A commercial enterprise primarily engaged in providing physical goods, products, or merchandise to commercial, industrial, and institutional businesses, rather than directly to the consumer. WHOLESALE ESTABLISHMENT does not include RETAIL GOODS ESTABLISHMENT.
WIRELESS TELECOMMUNICATION ANTENNA. A structure used to transmit and/or receive communication, data, or other similar signals in order to facilitate the use of wireless devices. WIRELESS TELECOMMUNICATIONS ANTENNA does not include ANTENNA or SATELLITE DISH.
WIRELESS TELECOMMUNICATION FACILITY. A structure used to protect the equipment that processes communication, data, or other similar signals in order to facilitate the use of wireless devices.
WIRELESS TELECOMMUNICATION TOWER. A structure designed and constructed to support one or more WIRELESS TELECOMMUNICATIONS ANTENNAS and all devices attached to it. WIRELESS TELECOMMUNICATION TOWERS are typically freestanding and may be of either lattice or monopole construction.
YARD. The area on a lot between the principal structure and the lot line.
ZONING DISTRICT. A designation given to each lot within the city under which certain development regulations and requirements are uniform.
ZONING LOT. One or more lots located within a block that is under single ownership and is designated as a unit of land for development by the owner of such land.
ZONING MAP. The map incorporated into this Zoning Code that designates the boundaries of the zoning districts of the city.
(Ord. 17-31, passed 9-12-2017; Ord. 20-27, passed 5-12-2020)