ACCESSORY BUILDING OR STRUCTURE: A subordinate building or structure, including garages, the use of which is in keeping with, and incidental to that of the main building. Said accessory building shall clearly be located on the lot of the main building, and shall not be used for habitation.
ADULT ARCADE: An establishment where, for any form of consideration, one or more motion picture projectors, slide projectors, or similar machines for viewing by five (5) or fewer people each are used to show films, motion pictures, videocassettes, slides, or other photographic reproductions that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
ADULT BUSINESS: Any adult arcade, adult bookstore, adult cabaret, adult hotel or motel, adult modeling studio, adult theater or motion picture theater, adult retail establishment, adult sexual encounter center, or any other business that offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, but not including those uses or activities, the regulation of which is preempted by state or federal law.
ADULT BUSINESS, RETAIL: Retail adult businesses shall mean the following adult businesses:
A. Adult Bookstores: An establishment: 1) having adult viewing materials as a substantial or significant portion of its stock in trade, or 2) in which adult viewing materials are displayed or sold for any form of consideration as a principal use of the premises, or as a section, segment, or adjunct to some other business, but for use or viewing off the premises.
B. Adult Retail Establishments: Any retail establishment which, for money or any other form of consideration has as one of its principal purposes or provides as its substantial stock in trade, the sale, exchange, rent, loan, trade, transfer, or provision for use or viewing off the premises, any adult oriented merchandise.
An adult business shall not be considered a retail adult business if it also engages in business or activity that constitutes nonretail.
ADULT BUSINESSES, NONRETAIL: Nonretail adult businesses shall mean any adult businesses other than retail adult businesses.
ADULT CABARET: Any nightclub, bar, restaurant, or similar establishment that regularly features persons in a state of nudity or seminudity, or live performances, films, motion pictures, videocassettes, slides, or other photographic reproductions that include or that are characterized by the exposure of specified anatomical areas or specified sexual activities.
ADULT HOTEL OR MOTEL: A hotel or motel or similar establishment that: a) offers public accommodations for any form of consideration where patrons are provided closed circuit television or video transmissions, films, motion pictures, videos, slides of other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas and has a sign visible from the exterior of the premises advertising the availability of this adult type of entertainment; or b) offers a sleeping room for rent, allows a tenant or occupant of a sleeping room to subrent, for a period of time that is less than ten (10) hours.
ADULT MODELING STUDIO: A business which provides for any form of compensation, monetary or otherwise, figure models who, for the purpose of sexual stimulation of patrons, display specified anatomical areas to be observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.
ADULT ORIENTED MERCHANDISE: Merchandise, paraphernalia, devices, equipment or items distinguished or relating to, or which are characterized by an emphasis upon the depiction of, specified sexual activities or specified anatomical areas.
ADULT SEXUAL ENCOUNTER CENTER: A business or commercial enterprise that, as one of its principal business activities, offers for any form of consideration, a place where two (2) or more persons may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.
ADULT THEATER: Any theater, concert hall, auditorium, or similar establishment where, for any form of consideration, persons in a state of nudity or seminudity are featured, or live performances are made, which are characterized by the exposure of specified sexual activities or specified anatomical areas; or where films, motion pictures, videocassettes, slides, or other photographic reproductions are shown, and in which a substantial portion of the total presentation is devoted to the showing of material characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
ADULT-USE CANNABIS BUSINESS ESTABLISHMENT: An adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.
ADULT-USE CANNABIS CRAFT GROWER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, P.A. 101-0027, as it may be amended from time to time, and regulations promulgated thereunder.
ADULT-USE CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, P.A. 101-0027, as it may be amended from time to time, and regulations promulgated thereunder.
ADULT-USE CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, P.A. 101-0027, as it may be amended from time to time, and regulations promulgated thereunder.
ADULT-USE CANNABIS INFUSER ORGANIZATION OR INFUSER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, P.A. 101-0027, as it may be amended from time to time, and regulations promulgated thereunder.
ADULT-USE CANNABIS PROCESSING ORGANIZATION OR PROCESSOR: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, P.A. 101-0027, as it may be amended from time to time, and regulations promulgated thereunder.
ADULT-USE CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER: An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, P.A. 101-0027, as it may be amended from time to time, and regulations promulgated thereunder.
ADULT VIEWING MATERIALS: Books, magazines or other periodicals, photographs, drawings, slides, films, videotapes, CD-ROMs, recording tapes or other media, and novelty items, which are distinguished or relating to, or which are characterized by an emphasis upon the depiction of, specified sexual activities or specified anatomical areas.
AIRPORT, LANDING STRIP, HELIPORT, OR HELISTOP: Any premises which are used, or intended for use, for the landing and takeoff of aircraft; and any appurtenant areas which are used or intended for use for airport buildings or other airport structures or rights of way, together with all airport and structures located thereon.
ALLEY: A right of way, with a width not exceeding twenty four feet (24'), which affords a secondary means of access to abutting property.
ANIMAL HOSPITAL: Any building or portion thereof designed or used for the care, observation or treatment of domestic animals.
AUTOMOBILE LAUNDRY: A structure, the principal use of which is to allow for washing of vehicles with facilities for the cleaning, polishing, or waxing of vehicles.
AUTOMOBILE OIL AND LUBE SHOP: Any building or structure used for automobile oil change and lubrication, and other automotive fluid replacement.
AUTOMOBILE REPAIR SHOP: The use of a site for the repair of automobiles, trucks, motorcycles, motor homes, recreational vehicles, or boats, including sale, installation, and servicing of equipment and parts. This includes muffler shops, auto repair garages, tire sales, and installation, wheel and brake shops, body and fender shops, and similar repair and service activities, but excludes dismantling or salvage.
AUTOMOBILE SERVICE STATION, GAS STATION: A facility limited to retail sales to the public of gasoline, motor oil, lubricants, motor fuels, travel aides, and minor automobile accessories. In addition, such a facility may provide minor vehicle servicing, minor repairs and maintenance, but only if rendered wholly on- site.
BARBERSHOP: Any establishment or place of business within which the practice of barbering is engaged in or carried out by one or more barbers.
BASEMENT: A portion of a building located partly underground, but having less than half its clear floor-to-ceiling height below the average grade of the adjoining ground.
BEAUTY PARLOR: Any commercial establishment or other place of business wherein cosmetology is offered or practiced on a regular basis for compensation.
BLOCK: A tract of land bounded by streets or by a combination of one or more streets and public parks, cemeteries, railroad rights of way, bulkhead lines, shorelines of waterways or corporate boundary lines.
BODY PIERCING: Any procedure whereby a part or parts of the human body are pierced by a sharp instrument in order to allow insertion of a piece or pieces of jewelry, a ring(s) or other ornamental device(s) through the orifice(s) thus created. For the purposes of this regulation, ear piercing is excluded from the definition of body piercing.
BOOTH: Any enclosure that is specifically offered to patrons of an adult business for the private viewing of any adults-only item or movie. Said definition does not include enclosures that are used as private offices by any operator, employee or agent for attending to the tasks of their employment and are not offered for use by the public.
BUILDABLE AREA: The area of a lot remaining after the minimum yard requirements of the zoning ordinance have been met.
BUILDING: Anything constructed for shelter or enclosure of persons, animals, chattels or movable property of any kind, and which is permanently affixed to the land, excluding trailers or portable homes of this nature.
BUILDING, ACCESSORY OR ACCESSORY USE: An "accessory building or use" is one which:
A. Is subordinate to and serves a principal building or principal use;
B. Is subordinate in area, extent or purpose to the principal building or principal use served;
C. Is located on the same zoning lot as the principal building or principal use served with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served.
Accessory uses include satellite dishes, fences, off-street parking areas, signs, garages, sheds, and carports. See figure 2.1 of this section.
Figure 2.1
BUILDING, DETACHED:. A principal building surrounded by open space on the same lot.
BUILDING HEIGHT: The overall height of a building measured from the established curb level to: a) the top of the roof for flat roof, b) the deck lines for mansard roofs, and c) the average height between eaves and ridge for gable, hip, or gambrel roofs. See figure 2.2 of this section.
Figure 2.2
BUILDING LINE: A line parallel to the street right-of-way line at any story level of a building and representing the minimum distance which all or any part of the building is set back from said right-of-way line. See figure 2.1 of this section.
BUILDING, PRINCIPAL: A nonaccessory building in which is conducted the principal use of the lot on which it is located. See figure 2.1 of this section.
BUILDING, RESIDENTIAL: A building arranged, designed, used, or intended to be used for residential occupancy by one or more families. Residential buildings include, but are not limited to, the following types:
A. Single-family detached dwellings.
B. Two-family dwellings.
C. Multiple-family dwellings.
D. A row of one- or two-family attached dwellings developed initially under single ownership or control.
BUILDING, TEMPORARY: Any building not designed to be permanently located in the place where it is or where it is intended to be placed or affixed.
BULK: A characteristic of a given building including:
A. Size and height of buildings.
B. Location of exterior walls at levels in relation to lot lines, streets, or other buildings.
C. Floor area ratio.
D. All open spaces allocated to the building.
E. Amount of lot area provided per dwelling unit.
BUSINESS: Any lawful commercial endeavor to engage in the manufacturing, purchase, sale, lease, or exchange of goods and/or the provision of services.
CELLAR: The portion of a building located partly or wholly underground, and having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.
CERTIFICATE OF OCCUPANCY: A document signed by the building commissioner certifying that a building, structure, or land area and use thereof has been inspected and found to comply with the building and zoning ordinances of the village.
CHILDCARE OR DAYCARE FACILITY: A state-licensed facility where a person, other than a relative or guardian, provides care and supervision for five (5) or more children under seven (7) years of age, for less than twenty four (24) hours a day for compensation.
CHURCH OR PLACE OF WORSHIP: An institution that people regularly attend to participate in or hold religious services, meetings, and other activities. The term "church" shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held.
CLUB OR LODGE, PRIVATE: A nonprofit association of persons who are bona fide members paying dues, which owns, hires, or leases a building or portion thereof, the use of such premises being restricted to members and their guests.
CONDOMINIUM PROPERTY: All land, property, and space on which is built one or more attached, individually owned residences or units.
CONTIGUOUS: In contact, adjoining or touching another object or item as distinguished from being adjacent.
COOPERATIVE: A multiple-family dwelling owned and maintained by its residents. The entire property is under common ownership.
CUBICLE: Synonymous with "booth", as defined in this section.
CURB LEVEL: The level of the established curb in front of a building or structure, measured at the center of such front. Where no curb level has been established, it shall be deemed to be the established level of the center line of the street surface in front of a building or structure, measured at the center line of such front.
DECIBEL: A unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure the intensity of sound are calibrated in decibels.
DISTRICT: A section of the village of Broadview within which the regulations governing the use of land are the same.
DOOR: Full, complete, nontransparent closure device that obscures the view or activity taking place within the enclosure.
DRIVE-IN ESTABLISHMENT: An enterprise which accommodates the patrons' automobiles and from which the occupants of the automobiles may make purchases, transact business, or view motion pictures.
DRIVE-THROUGH SERVICE: A facility which is accessory to a commercial retail establishment, personal service establishment, office, financial institution or fast-food restaurant and is designed or intended to enable a customer, without exiting a motor vehicle moving through the premises, to transact business with a person outside the motor vehicle.
DUPLEX: A building containing two (2) dwelling units, each of which typically has access to the outside or to a common hall, no unit is located over the other, and each is separated from the other by one or more common fire resistant walls.
DWELLING: A residential building, or portion thereof, but not including hotels, motels, rooming houses, nursing homes, tourist homes or trailers.
DWELLING, ATTACHED: A residential building which is joined to another dwelling at one or more sides by a party wall or walls.
DWELLING, DETACHED: A single-family residential building entirely surrounded by open space on the same lot.
DWELLING, MULTIPLE-FAMILY: A building, or portion thereof, containing more than three (3) dwelling units, designed or altered for occupancy by three (3) or more families living independently of each other.
DWELLING, SINGLE-FAMILY: A building containing one dwelling unit.
DWELLING UNIT: One or more rooms in a residential building, or residential portion of a building, which are arranged, designed, used or intended for use by one family, and which includes cooking space and sanitary facilities reserved for the occupants thereof.
EASEMENT: Land which has been designated by lawful agreement between the owner of the land and a person, corporation or government for a specified use.
EFFICIENCY UNIT: A dwelling consisting of one principal room together with bathroom, kitchen, hallway, closets or dining alcove directly off the principal room, provided such dining alcove does not exceed one hundred twenty five (125) square feet.
ELECTRIC DISTRIBUTION CENTER: A terminal at which electric energy is received from the transmission system and is delivered to the distribution system only.
ELECTRIC SUBSTATION: A terminal at which electric energy is delivered to other elements of the transmission system and, generally, to the local distribution system.
FACADE: Any side, surface or wall below the roof of a building which is parallel or within forty five degrees (45°) of parallel with a parcel's frontage on a public thoroughfare. If a building has a complex shape, then all walls or surfaces facing in the same direction, or nearly the same direction, are part of a single facade.
FAMILY: One or more related persons or no more than four (4) persons (excluding caregivers) who need not be related by blood, marriage or adoption, living together and maintaining a common household, but not including sororities, fraternities or other similar organizations.
FENCE, OPEN: A fence, including entrance and exit gates, designed and constructed so that the surface area of any segment of such fence contains at least fifty percent (50%) open spaces as compared to solid material.
FENCE, SOLID: A fence, including solid entrance and exit gates, which effectively conceals from viewers in or on adjoining properties and streets, materials stored and operations conducted behind it.
FLEA MARKET: A site either indoors or outdoors where individual stalls or spaces are provided on a short term basis for vendors to display, buy, sell, exchange or deal in new or used goods.
FLOOR AREA RATIO: The numerical value obtained through dividing the gross floor area of a building or buildings by the net lot area on which such building or buildings are located.
FREQUENCY: The number of oscillations per second in a sound wave, measuring the pitch of the resulting sound.
GARAGE, PRIVATE: Any accessory building or an accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident on the premises, and in which no business, service or industry connected directly or indirectly with the automotive vehicles is carried on, provided that not more than one-half (1/2) of the space may be rented for the private passenger vehicles of persons not resident on the premises, except that all the space in a garage of one or two (2) car capacity may also be rented. Such a garage shall not be used for more than one commercial vehicle and the load capacity of such vehicle shall not exceed one and one- half (11/2) tons.
GARAGE, PUBLIC: A garage, other than a private or storage garage, which is used for the short-term parking of vehicles.
GARAGE, STORAGE: Any building or premises, other than a private or public garage, used exclusively for the parking or storage of motor vehicles.
GROSS FLOOR AREA: The floor area of a building or buildings shall be the sum of the gross horizontal areas of the several floors of such building or buildings, measured from the exterior faces of exterior walls or from the center line of party walls separating two (2) buildings. In particular, "gross floor area" shall include:
A. Basement space if at least one-half (1/2) of the basement story height is above the established curb or ground level;
B. Elevator shafts and stairwells at each floor;
C. Floor space used for mechanical equipment where the structural headroom exceeds seven and one-half feet (71/2'); except equipment, open or enclosed, located on the roof, i.e., bulkheads, water tanks, and cooling towers;
D. Attic floor space where the structural headroom exceeds seven and one-half feet (71/2');
E. Interior balconies and mezzanines;
F. Enclosed porches, but not terraces and breezeways;
G. Accessory buildings.
GROSS LEASABLE AREA (GLA): The gross floor area minus the following deductions:
A. Elevator shafts and stairwells;
B. Public restrooms;
C. Public lobbies, common mall areas, atriums and courtyards at points of pedestrian access to the building from the exterior.
GROUND FLOOR AREA: The lot area covered by a building measured from the exterior faces of exterior walls, but excluding open porches or terraces, garages or carports, but including breezeways and closed porches.
GROUP HOME: Any private residence licensed by the state as a rooming and/or boarding house where ten (10) or fewer mentally or physically challenged individuals or foster children reside with two (2) additional persons acting as houseparents or guardians.
HOME OCCUPATION: A gainful occupation or profession conducted by a member of a family residing on the premises, and where the business or profession is conducted within the dwelling.
HOSPITAL: An institution providing physical health services, inpatient or overnight accommodations, and medical or surgical care of the sick or injured.
HOTEL APARTMENT: A hotel in which at least fifty percent (50%) of the hotel accommodations are for occupancy by permanent guests, thirty (30) days or more.
HOTEL, MOTEL: A building in which lodging is provided and offered to the public for compensation and which is open to transient guests and is not a rooming or boarding house as herein defined.
IMPERVIOUS LOT COVERAGE: A measurement of development intensity determined by dividing that area of a lot which is occupied or covered by all impervious surfaces, by the gross area of that lot.
IMPERVIOUS SURFACE: Any material that substantially reduces or prevents the infiltration of storm water into the ground. Impervious surface shall include, but not be limited to, the ground area covered by buildings, driveways, parking areas, sidewalks, swimming pools, and patios (whether covered or uncovered). See figure 2.3 of this section.
Figure 2.3
JUNKYARD: An open outdoor area where waste, used or secondhand 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 junkyard includes an auto wrecking yard, but does not include uses carried on entirely within enclosed buildings.
KENNEL: Any lot or premises or portion thereof on which more than four (4) dogs, cats and other household domestic animals over four (4) months of age, are kept or on which more than two (2) such animals are boarded for compensation or kept for sale.
LIQUOR STORE: A business establishment where alcoholic liquors are kept and sold but where such alcoholic liquors are not consumed on the premises.
LODGING ROOM: A room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms, each room shall be counted as a lodging room.
LOT: A contiguous parcel of land in identical ownership throughout, bounded by other lots or streets, and used or set aside and available for use as the site of one or more buildings or other definite purpose.
LOT AREA: The area of a horizontal plane bounded by the vertical planes through front, side and rear lot lines.
LOT, CORNER: A lot which adjoins the point of intersection of two (2) or more streets and in which the interior angle formed by the street lines is one hundred thirty five degrees (135°) or less. See figure 2.4 of this section.
LOT, FLAG: A lot not fronting or abutting a public roadway and where access to the public roadway is limited to a narrow private right of way. See figure 2.4 of this section.
LOT, INTERIOR: A lot other than a corner or reversed corner lot. See figure 2.4 of this section.
LOT LINE, FRONT: That boundary line of any lot which is along an existing or dedicated street lot line and which is established as a front lot line on the plat of record filed by the owner, subdivider, or builder.
LOT LINE, REAR: The boundary of a lot which is most distant from and is, or is most nearly, parallel to the front lot line. If a rear lot line is less than ten feet (10') long, or if the lot comes to a point at the rear, the rear lot line shall be a line at least ten feet (10') long, lying wholly within the lot, parallel to the front lot line.
LOT LINE, SIDE: The boundary of a lot which extends from the front lot line to the rear lot line.
LOT OF RECORD: A lot that is part of a recorded subdivision or a parcel of land that has been recorded at the county recorder's office containing property tax records.
LOT, THROUGH: A lot which 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 lines shall be deemed front lot lines, but in the case of two (2) or more contiguous through lots, there shall be a common front lot line. See figure 2.4 of this section.
Figure 2.4
LOT WIDTH: The horizontal distance between the side lot lines of a lot, measured at the front setback line.
MARQUEE, CANOPY: A roof-like structure of permanent nature, which projects from the wall of a building and may overhang the public way.
MOTOR FREIGHT TERMINAL: A building or premises in which freight is received or dispatched by motor vehicle.
MOTOR VEHICLE: Any self-propelled, wheeled vehicle designed primarily for transportation of persons or goods along public streets.
NET LOT AREA: The area inside of lot lines exclusive of established or existing street and alley rights of way.
NIGHTCLUB: An establishment serving food and/or liquor and providing music and space for dancing by patrons only. A nightclub shall not include an "Adult Business".
NONCONFORMING BUILDING OR STRUCTURE: A nonconforming building or structure, legally established prior to the effective date hereof, or subsequent amendment, which does not fully comply with the lot coverage and/or building bulk regulations of the zoning district in which it is located.
NONCONFORMING USE: A nonconforming use is an activity using land, buildings and/or structures for purposes which were legally established prior to the effective date hereof, or subsequent amendment, and which would not be permitted to be established as a new use in the zoning district in which it is located by the regulations of this title.
NONCONFORMITY, LEGAL: A legal nonconformity is any land use, structure, or lot of record legally established prior to the effective date hereof, or subsequent amendment, which would either not be permitted by or is not in full compliance with the regulations of this title.
NOXIOUS MATTER: Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being of individuals.
NUDITY: The display of the human male or female genitalia; pubic hair; buttocks; perineum; anal or pubic regions; female breast, at or below the areola thereof, with no covering or with a less than fully opaque covering; or, male genitalia, in a discernible turgid state, with or without covering.
NURSING HOME: An establishment for the care of children or the aged or infirm. Such a home does not contain equipment for medical and surgical care or for the treatment of disease or injury, nor does it provide care in maternity or mental illness. (See title 4, chapter 9 of this code for licensing provisions.)
OBSCENE: Any material or performance is obscene if:
A. The average person, applying contemporary adult community standards, would find that, taken as a whole, it appeals to the prurient interest; and
B. The average person, applying contemporary adult community standards, would find that it depicts or describes, in a patently offensive way, ultimate sexual acts or sadomasochistic sexual acts, whether normal or perverted, actual or simulated, or masturbation, excretory functions or lewd exhibition of the genitals; and
C. Taken as a whole, it lacks serious literary, artistic, political or scientific value 1 .
OBSTRUCTION: Any building or structure, or parts thereof, which is located so as to come in the way of any open area required by this title.
OCTAVE BAND: A term denoting all the frequencies between any given frequencies and double that frequency.
OCTAVE BAND FILTER: An electrical frequency analyzer designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals. (American standard for sound level meters. ASS no. 224.3-1944.)
ODOR THRESHOLD VALUE: The minimum concentration of odorous material in air which can be detected as determined by manufacturing chemists association or other qualified laboratory.
OFFICE: A room or group of rooms used for conducting the affairs of a business, profession, service industry, or government.
OPEN SALES LOT: A primary or accessory use of land where merchandise, other than automobiles or trucks, is stored, displayed, or exchanged outside of an enclosed building or within a temporary structure, trailer, or tent.
OPEN SPACE (PUBLIC/PRIVATE): Land used for recreation, resource protection, amenity, and/or buffer yards.
OPERATOR: For purposes of an "adult business", as defined herein, any person, (whether said persons be an individual, partner, corporation, joint stock company, fiduciary, officer, director, stockholder, employee, or manager), which conducts, maintains or owns any adult business.
ORPHANAGE: An institution for the housing and care of a child who has lost both parents or guardians.
OUTDOOR STORAGE, DISPLAY AND SALES: The placement of goods or materials outside of an enclosed structure for the purposes of storage, advertising, or sale, including, but not limited to: vehicles, garden supplies, plants, building and landscaping supplies, raw materials, and seasonal items such as produce and Christmas trees. This definition does not include ATMs, drive-through windows, vending machines, the dispensing of petroleum products at service stations, or the sale of food and beverages for immediate consumption, e.g., at a sidewalk cafe or lemonade stand.
PARTICULATE MATTER: Material, other than steam or water vapor, which is suspended or discharged into the atmosphere in finely divided form as a liquid or solid at atmospheric pressure and temperature.
PARTY WALL: A wall starting from the foundation and extending continuously through all stories to or above the roof which separates one building from another, and is in joint use by each building.
PATRON: For purposes of an "adult business", as defined herein, any customer, patron or visitor to an adult business who is not employed by any operator of said establishment.
PAWNSHOPS: Any business engaged in receiving property in pledge or as security for money or other thing advanced to the pawner or pledger and as regulated by the pawnbroker regulation act, 205 Illinois Compiled Statutes 510/1 et seq.
PERFORMANCE STANDARD: A criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings.
PLANNED DEVELOPMENT: A unified development in single ownership or control, and which includes two (2) or more principal buildings where the specific requirements of a given district may be modified.
RAP PARLOR: An establishment or place primarily in the business of providing nonprofessional conversation or similar services for adults, where explicit sexual conduct is depicted and/or sexual activity is explicitly or implicitly encouraged or tolerated.
REFUSE: All waste products resulting from human habitation except sewage.
RESEARCH LABORATORY: A building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not primarily facilities for the manufacture or sale of products.
RESTAURANT, CARRYOUT: Any business establishment whose primary purpose is to offer food and beverages for sale and served in disposable containers for consumption off the premises, but is not necessarily a "fast food restaurant".
RESTAURANT, SIT-DOWN: Any business establishment, the primary purpose of which is to offer food and beverages for sale and served for consumption at tables typically in nondisposable containers on the premises.
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.
RINGELMANN CHART: A chart which is described in the U.S. bureau of mines information circular 6888, and on which are illustrated graduated shades of grey for use in estimating the light obscuring capacity of smoke.
RINGELMANN NUMBER: The number of the area on the Ringelmann chart that coincides most nearly with the light obscuring capacity of smoke.
ROOM: Synonymous with "booth", as defined in this section.
ROOMING HOUSE, BED AND BREAKFAST, BOARDING HOUSE, OR TOURIST HOME: A building, or portion thereof, containing lodging rooms which accommodates between three (3) and ten (10) persons who are not members of the keepers' family, and where lodging rooms or meals, or both, are provided for compensation.
SADOMASOCHISTIC ACTIVITY: Flagellation or torture by or upon a nude person; a person clad in undergarments, a mask or bizarre costume. In addition, the condition of being fettered, bound or otherwise physically restrained with the intent to stimulate or arouse sexually the initiator and/or the recipient.
SCHOOL, PRIVATE: Any school that is not operated by a public school district or college.
SCREENING: A structure erected or vegetation planted for concealing from viewers the area behind it.
SELF-SERVICE STORAGE FACILITY: A building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods or contractors' supplies.
SELL: Includes to solicit or receive an order for, to keep or expose for sale and to keep with intent to sell.
SENIOR CITIZEN HOUSING: One or more one-family, two-family or multiple-family dwellings or combinations of the above and related facilities specifically designed for persons fifty five (55) years of age or older or couples where at least one person is fifty five (55) years of age or older. This does not include a development that contains convalescent or nursing facilities.
SEXUAL CONDUCT: Ultimate sex acts (whether autoerotic, heterosexual, homosexual or otherwise), bestiality or sadomasochistic activity. In addition, physical contact, intended to stimulate or arouse sexually the initiator and/or the recipient, with a person's unclothed genitalia, buttocks, perineum, anal or pubic regions, or female breast.
SMOKE UNITS, NUMBER OF: The number obtained by multiplying the smoke density in Ringelmann numbers by the time of the emission in minutes. For the purpose of this calculation, a Ringelmann density reading is made at least once every minute during the period of observation; each reading is then multiplied by the time in minutes during which it is observed; the various products are then added together to give the total number of smoke units observed during the total period under observation. Steam or water vapor is not considered smoke.
SOUND LEVEL METER: An instrument standardized by the American Standards Association for measurement of the intensity of sound.
SPECIFIED ANATOMICAL AREAS: Means and includes any of the following: a) less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or b) human male genitals in a discernibly turgid state, even if completely or opaquely covered.
SPECIFIED SEXUAL ACTIVITIES: Specified (or specific) sexual activities means and includes any of the following: a) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; b) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; c) masturbation, actual or simulated; d) excretory functions; or human genitalia in a state of sexual stimulation or arousal.
STORY: That portion of a building included between the surface of any floor and the surface of the floor next above; or if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a story and a cellar shall not be counted as a story.
STORY, HALF: A space under a sloping roof which has the line of intersection of roof decking and wall not more than three feet (3') above the top floor level, and in which space not more than sixty percent (60%) of the floor area is completed for principal or accessory use.
STREET, AVENUE, PLACE, TERRACE, OR PARKWAY: A right of way of required width which affords a primary means of access to abutting property.
STRUCTURAL ALTERATIONS: Any change, other than incidental repairs, in the supporting members of a building or structure such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or exterior walls.
STRUCTURE: Anything erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground. An advertising or business sign or other advertising device (see chapter 9, "Signs", of this title), if detached or projecting, shall be construed to be a separate structure. A satellite antenna shall be construed to be a separate structure. (See section 9-2-7 of this code for satellite antennas.)
TATTOOING ESTABLISHMENT: An establishment which engages in the practice of placing designs, letters, figures, symbols or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin.
TAVERN OR COCKTAIL LOUNGE: A business establishment where alcoholic liquors are sold to be consumed on the premises. (See title 3, chapter 3 of this code for liquor control.)
TEMPORARY CARPORT: A nonpermanent structure designed as a shelter for motor vehicles, boats, etc. Such structures shall be easily relocatable, shall not be permanently affixed to a foundation, and shall not otherwise require the issuance of a building permit.
TOWNHOUSE: An attached single-family residential housing design which typically contains three (3) or more residential dwelling units, each of which has its own front and rear access to the outside, no unit is located over another unit, and each is separated from any other unit by one or more common fire resistant walls.
TOXIC MATERIALS: A substance, liquid, solid or gaseous, which by reason of an inherent deleterious property, tends to destroy life or impair health.
TRAILER: Any vehicle, camper, or any portable or mobile vehicle on wheels, skids, rollers or blocks, either self-propelled or propelled by any other means which is used for living or sleeping purposes.
TRAILER PARK: Any premises on which are parked two (2) or more trailers or any premises used or held out for the purpose of supplying to the public a parking space for two (2) or more such trailers. It does not include sales lots on which automobiles or unoccupied trailers, new or used, are parked for purposes of inspection or sale.
UNDERAGE: Any person under eighteen (18) years of age, the legally minimum age at which one can purchase or view adults only items 1 .
USE: The purpose or activity for which the land or building thereon is designed, arranged or intended or for which it is occupied or maintained.
USE, CONDITIONAL: A use of property specifically authorized by zoning ordinance, but not permitted unless certain conditions have been met. A conditional use permit must be applied for and approved by the zoning administrator.
USE, PERMITTED: Any building, structure and use which, on the effective date of this title, complies with the applicable regulations governing permitted uses of the zoning district in which such building, structure and use is located.
USE, PRINCIPAL: The main use of land or building as distinguished from a subordinate or accessory use.
USE, SPECIAL: A use of property that because of its unique characteristics cannot be properly classified as a permitted use or any particular zoning district or districts. A special use permit must be applied for with the zoning administrator, reviewed by public hearing by the planning and zoning board, and approved by the village board of trustees.
YARD: An open space on a lot which is unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted in this title. A yard extends along a lot line and at right angles to such line to a depth or width specified in the yard regulations for the district in which such lot is located.
YARD, FRONT: A yard extending along the full width of the established front lot line between side lot lines and from the abutting established front street right of way line to the front building line in depth. See figure 2.5 of this section.
YARD, REAR: The portion of the yard on the same lot with the principal building located between the rear line of the principal building and the rear lot line, and extending for the full width of the lot. See figure 2.5 of this section.
Figure 2.5
YARD, SIDE: A yard extending along a side lot line between the front and rear yards. See figure 2.5 of this section.
ZONING ADMINISTRATOR: A duly authorized village employee who administers the various codes and ordinances of the village, including, but not limited to, this title.
ZONING LOT OR LOTS: A single tract of land which is designated by its owner or developer as a tract to be used, developed or built upon as a single unit, under single control or ownership. It may be a single parcel separately described in a deed or plat which is recorded in the office of the county recorder of deeds, or it may include parts of or a combination of such parcels when adjacent to one another and used as one lot. (Ord. 2001-08A, 4-2-2001; amd. Ord. 2004-28, 12-6-2004; Ord. 2005-19, 8-1-2005; Ord. 2005-27, 11-7-2005; Ord. 2008-24, 7-21-2008; Ord. 2008-42, 11-17-2008; Ord. 2019-31, 12-2-2019)
Notes
| 1 | 1. 720 ILCS 5/11-20. |
| 1 | 1. 720 ILCS 5/11-20. |