§ 156.004 DEFINITIONS.

   (A)   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ABUTTING. Having a common property line or district line.

   ACCESSORY BUILDING or USE. One which:

      (1)   Is subordinate to and serves a principal building or principal use.

      (2)   Is subordinate in area, extent or purpose to the principal building or principal use served.

      (3)   Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served.

      (4)   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.

      (5)   Occupies not more than 10% of the area of the lot on which the main building is situated, and which is not higher than the principal building, and which conforms to all setback requirements, and in residentially zoned districts shall not exceed 15 feet in height.

   ACCESSORY TRUCK TERMINAL. An accessory truck terminal is an incidental use to the primary warehouse/distribution use. Accessory truck terminal facilities are used for the loading and unloading of freight at a facility where goods are transferred or stored or pending transfer, and which may include truck dispatching, parking and minor maintenance and repair. Minor maintenance and repair includes safety checks for lights, tire pressure or fluid levels, excluding tire and fluid change and fueling. An accessory truck terminal does not include overnight accommodations for truck drivers.

   ADJACENT. Means lying near or in the immediate vicinity.

   ADJOINING. Means touching or contiguous.

   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, 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, 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, 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, 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, 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, as it may be amended from time-to-time, and regulations promulgated thereunder.

   AGRICULTURE. The use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture and animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing the produce, provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities. Agriculture shall not include the commercial feeding of garbage or offal to swine or other animals.

   AGRICULTURAL BUILDING or STRUCTURE. Any building or structure existing or erected on land used principally for agricultural purposes, with the exception of dwelling units.

   AIR-INFLATED STRUCTURE. A building or tent-like structure wherein the shape of the structure is maintained by air pressurization of cells or tubes to form a barrel vault over the usable area. Occupants of such a structure do not occupy the pressurized area used to support the structure. (Pool domes, indoor sports domes, etc.)

   AIR-SUPPORTED STRUCTURE. A building or tent-like structure wherein the shape or the structure is attained by air pressure and occupants of the structure are within the elevated pressure area. Air-supported structures are of two basic types:

      (1)   DOUBLE SKIN. Similar to a single skin, but with an attached liner that is separated from the other skin and provides an airspace which serves from the outer skin and provides an airspace which serves for insulation, acoustic, aesthetic or similar purposes.

      (2)   SINGLE SKIN. Where there is only the single outer skin and the air pressure is directly against that skin.

   ALLEY. A public or private way, at the rear or side of property, permanently reserved as a means of secondary vehicular access to abutting property. Frontage on the alley shall not be construed as satisfying the requirements of this chapter related to frontage on a dedicated street.

   ALTERATION. A change in size, shape, character, occupancy or use of a building or structure.

   ANCILLARY BUILDINGS, STRUCTURES OR USES. Buildings, structures or uses ancillary to a residential use which is on an adjacent lot with a consolidated permanent index numbers that is detached and subordinate to the main building or use.

   APARTMENT. One or more rooms in an apartment building or combination apartment and commercial building, arranged, intended or designed or occupied as a dwelling unit of a single family, an individual or a group of individuals.

   APARTMENT BUILDING. A multiple-family dwelling originally designed and constructed to accommodate three or more apartments, designed with more than one dwelling unit connecting to a common corridor or entranceway, in contrast to single or two-family dwellings converted for multiple-family use.

   AUTO REPAIR, MAJOR. Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair, and overall painting of vehicles.

   AUTO REPAIR, MINOR. Incidental repairs, replacement of parts, and motor service to automobiles, but excluding any operation specified under AUTO REPAIR, MAJOR.

   AUTOMOBILE LAUNDRY. A building, or portion thereof, containing facilities for washing more than two automobiles, using production line methods with a chain conveyor, blower, steam cleaning device or other mechanical devices.

   AUTOMOBILE SERVICE STATION.  (GAS STATION). A place where gasoline, kerosene, lubricating oil, or grease for operation of automobiles are offered for sale directly to the public, on the premises, and including minor accessories and servicing of automobiles. Automobile service stations shall not include sales, rental, or storage of automobiles or trailers.

   AUTOMOBILE SALVAGE YARD. Any place where two or more motor vehicles not in running condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for wrecking or storing of such motor vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging of any other goods, articles or merchandise.

   BASEMENT. A story having part but not more than one-half of its height below grade. A BASEMENT is counted as a story for the purpose of height regulation if subdivided and used for dwelling purposes other than by janitor employed on the premises.

   BED AND BREAKFAST. A residential building containing lodging rooms offered for rent to transient guests, for a continuous of 14 days or less, and containing the owner's principal residence.

   BILLBOARD. See SIGN, ADVERTISING.

   BLOCK. Property abutting on one side of a street between two nearest intersecting streets, railroad rights-of-way or natural barriers. However, where a street curves so that any two chords thereof form an angle of 120° or less, measured on the lot side, such curve shall be construed as an intersecting street.

   BOARD HOUSE or LODGING HOUSE. A building or premises where meals are regularly served by pre-arrangement for definite periods for compensation for three or more persons, not a family, but not exceeding 12 persons, not open to transient guests, in contradistinction to hotels or restaurants open to transients.

   BOUNDARY LINE. A line on the Zoning District Map designating the edge of a use district. Such a boundary line may be a boundary line for two use districts depending upon the particular use district located on each side of the line.

   BUILDABLE AREA. The space remaining on a zoning lot after the minimum open space requirements of this chapter have been complied with.

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

   BUILDING LINE. A line between which and any street line of a district, lot, tract or parcel of land, no buildings or parts of buildings may be erected, altered or maintained.

   BUILDING LINE SETBACK. The distance between the building line and street right-of-way line.

   BUILDING, NONCONFORMING. See NONCONFORMING BUILDINGS.  

   BUILDING, PRINCIPAL. A nonaccessory building in which a principal use on the zoning lot on which it is located is conducted.

   BUILDING, UNIT GROUP. Two or more buildings (other than dwellings) grouped upon a lot and held under one ownership, such as universities, hospitals, institutions, churches and temples, and industrial plants and shopping centers.

   BULK. Indicates the size and setbacks of buildings or structures and location of same with respect to one another and includes the following:

      (1)   Size and height of buildings.

      (2)   Location of exterior walls at all levels in relation to lot lines, streets, or to other buildings.

      (3)   Gross floor area of buildings in relation to lot area (floor area ratio).

      (4)   All open spaces allocated to buildings.

      (5)   Amount of lot area per dwelling unit.

   BULK PLANT. Any place where flammable liquids of 10,000 gallons or more are received by tanker, barge, pipeline, tank car, tank vessel or truck and are stored or blended in bulk for the purpose of distributing such liquids by tank truck, pipeline, tank car, tank vessel or container.

   BUSINESS or COMMERCE. The engaging in the purchase, sale, barter, or exchange of goods, wares or merchandise, or the maintenance or operation of offices or recreational or amusement enterprises.

   CANNABIS CAFÉ. A business or establishment which permits the consumption or smoking of cannabis as either a primary business or incidental to another business, except for the consumption or smoking of "medical cannabis" prescribed pursuant to the Compassionate Use of Medical Cannabis Program Act in a "health care facility" as defined by such Act.

   CAPACITY IN PERSONS. The maximum number of persons that can avail themselves of the services (or goods) of an establishment, at any one time, with reasonable comfort and safety.

   CAR WASH. A building, or portion thereof, containing facilities for washing vehicles; using automatic production-line methods with a chain

   CARGO CONTAINER. A standardized reusable vessel that was:

      (1)   Originally, specifically or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities, and/or,

      (2)   Designed for or capable of being mounted or moved on a rail car; and/or,

      (3)   Designed for or capable of being mounted on a chassis or bogie formovement by truck trailer or loaded on a ship.

   CARPORT. A roofed automobile shelter with one or more open sides.

   CELLAR. A story having more than one-half of its height below the curb level or below the highest level of the adjoining ground. A CELLAR shall not be counted as a story for the purpose of height measurement.

   COMMON OPEN SPACE. Land unoccupied by structures, buildings, streets, rights-of-way and automobile parking lots and designed and intended for the use or enjoyment of residents of a planned development. COMMON OPEN SPACE may contain structures for recreational use. No area within 30 feet of any building or structure except a structure used for recreational use shall be includable as COMMON OPEN SPACE.

   COMMUNITY RESIDENCE. A group home or specialized residential care home serving unrelated persons with disabilities in a family like atmosphere which is licensed, certified or accredited by the appropriate state, local or federal bodies. COMMUNITY RESIDENCE does not include a residence which serves persons as an alternative to incarceration for a criminal offense, or persons whose primary reason for placement is substance or alcohol abuse or for treatment of a communicable disease.

   COOP. An enclosed structure housing hens consisting of a covered inside enclosure used for housing and protecting chickens from weather and predators.

   CORNER LOT. See LOT, CORNER.

   COURT. An open unoccupied space other than a yard on the same lot with a building, which is totally or partially enclosed by a building or buildings and is completely open to the sky.

   CURB LEVEL. The level of the established curb in front of the building measured at the center of such front. Where a building faces on more than one street, the CURB LEVEL shall be the average of the levels of the curbs at the center front of each street. Where no curb elevation has been established, the level of the centerline of the street shall be considered the CURB LEVEL.

   DAY CARE CENTER. A state licensed facility where a person, other than a relative or guardian, provides care and supervision for four or more children under seven years of age, or for four or more seniors or adults requiring care, for less than 24 hours a day for compensation.

   DECK. A platform, either freestanding or attached to a building, without a roof, three or more feet above grade.

   DENSITY. The numerical value obtained by dividing the total dwelling units in a development by the gross area of the tract of land upon which the dwelling units are located.

   DISABILITY. A physical or mental impairment which substantially limits one or more of a person's major life activities, impairs his or her ability to live independently, a record of having such an impairment, or being regarded as having such an impairment, but such terms do not include current use of or addiction to alcohol and/or other drugs.

   DISTRICT. A portion of the incorporated territory of the village within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this chapter.

   DRIVE-IN AND DRIVE-THROUGH ESTABLISHMENT. Any commercial retail or business service establishment which is designed to provide, either wholly or in part, service to customers while in their automobiles parked on or moving through the premises. Such establishments include, but are not limited to, restaurants, banks and/or financial institutions, pharmacies, and dry cleaning stores.

   DRIVEWAY, SIDE-LOAD. A private driveway, road, field road, or other traveled way, giving access from a public highway or a private road in the side yard of one or more buildings located or to be constructed on adjacent lands.

   DRIVEWAYS. A private driveway, road, field road, or other traveled way, giving access from a public highway or a private road to one or more buildings located or to be constructed on adjacent lands.

   DWELLING. A building or portion thereof, but not including a house trailer or mobile home, designed or used exclusively for residential occupancy, including one-family dwelling units, two-family dwelling units, and multiple-family dwelling units, but not including hotels, boarding or lodging houses.

   DWELLING UNIT. One or more rooms in a dwelling or apartment hotel designed for occupancy by one family for living purposes and having its own permanently installed cooking and sanitary facilities.

   DWELLING, ATTACHED, including group, row or town houses. A dwelling containing two or more dwelling units and joined to other dwellings by party wall or walls, originally constructed for the purpose.

   DWELLING, CONVERTED. Any building which was originally designed and constructed as one, two or three-family dwelling, but which has been changed or altered by the construction of additional dwelling units to provide for more families than the original building.

   DWELLING, DETACHED. A dwelling which is surrounded on all sides by open space on the same lot.

   DWELLING, MULTIPLE-FAMILY. A dwelling containing three or more dwelling units, originally constructed for the purpose and not including converted dwellings.

   DWELLING, SEMI-ATTACHED. A dwelling which is joined to another dwelling by a garage, carport, recreation structure, or other nonresidential facility.

   DWELLING, SINGLE-FAMILY. A dwelling containing accommodations for and occupied by one family only.

   DWELLING, TWO-FAMILY. A building designed exclusively for occupancy by two families living independently of each other.

   DWELLING, GROUND FLOOR AREA. The first floor area in square feet measured from the outside of the exterior walls, but excluding cellars, basements, open porches, breezeways, garages and other infrequently used spaces.

   EDUCATIONAL INSTITUTION. A public, parochial, charitable, or nonprofit junior college, college or university other than trade or business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants, and other incidental facilities for students, teachers and employees.

   EFFICIENCY UNIT. A dwelling unit consisting of one principal room, exclusive of bathroom, kitchen, hallway, closets or dining alcove directly off the principal room.

   FAMILY. An individual, or two or more persons related by blood, marriage, or adoption, or a group of not more than three persons (excluding servants) not related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit, but not including sororities, fraternities or other similar organizations.

   FENCE. A freestanding structure of metal, masonry composition or wood, or any combination thereof, resting on, or partially buried in the ground, and rising above ground level, and used for confinement, screening, decorative or partition purposes.

   FLOOR AREA. (For determining floor area ratio). The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. The floor area of a building shall include the basement floor area when more than one-half of the basement height is above the established curb level, off-street parking space, elevator shafts, and stairwells at each floor, floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof), penthouses, attic space having headroom of seven feet, ten inches or more, interior balconies and mezzanines, enclosed porches, and floor area devoted to accessory uses. The FLOOR AREA of structures devoted to bulk storage of materials including, but not limited to, grain elevators and petroleum storage tanks, shall be determined on the basis of the height of such structures in feet; ten feet in height shall be deemed to be equal to one floor. (If a structure measures more than five feet over such floor equivalent, it shall be construed to have an additional floor.)

   FLOOR AREA RATIO. The numerical value obtained by dividing the floor area within a building or buildings on a lot by the area of such lot. The floor area ratio as designated for each district, when multiplied by the lot area in square feet, shall determine the maximum permissible floor area for the building or buildings on the lot.

   FRONTAGE. All the property fronting on one side of a street between the two nearest intersecting streets, measured along the line of the street, or if dead-ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.

   GARAGE, BUS or TRUCK. A building which is used or intended to be used for the storage of motor trucks, truck trailers, tractors, and commercial vehicles exceeding one and one-half tons capacity.

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

   GARAGE, PUBLIC. A building other than a private garage, used for the care, incidental servicing and sale of automobile supplies, or where motor vehicles are parked or stored for remuneration, hire or sale within the structure, but not including trucks, tractors, truck-trailers and commercial vehicles exceeding one and one-half tons capacity.

   GOODS. Any object, service, or commodity whose consumption increases the utility of the consumer, for which the quantity demanded exceeds the quantity supplied at zero price.

   GRADE, STREET. Same as CURB LEVEL.

   HEIGHT OF BUILDING. The vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.

   HEN. The female of the species Gallus domesticus, commonly known as chickens.

   HOME DAY CARE CENTER. A family home which receives up to three children, or up to three seniors or adults requiring care, for less than 24 hours a day for compensation.

   HOME OCCUPATIONS. An activity carried out for gain by a resident conducted as an accessory use in the resident's dwelling unit, excluding Adult-Use Recreational Cannabis Establishments.

   HOTEL. A building in which lodging or board and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such it is open to the public in contradistinction to a boarding house, a lodging house or an apartment hotel, which are separately defined.

   HOTEL, APARTMENT. A hotel in which at least 90% of the hotel accommodations are occupied by permanent guests.

   HOSPITAL or SANITARIUM. An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment, or care for not less than 24 hours in any week, of three or more nonrelated individuals suffering from illness, disease, injury, deformity or other abnormal physical conditions. The term HOSPITAL as used in this chapter does not apply to institutions operating primarily for treatment of insane persons, drug addicts, liquor addicts or other types of cases necessitating restraint of patients, and the term HOSPITAL shall not include convalescent, nursing, shelter or boarding houses.

   JUNK YARD. Any parcel of land where waste, scrap metal, paper, rags or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including auto and building wrecking yards, but excluding similar uses taking place entirely within a completely enclosed building.

   JUNKER. An automobile, truck or other motor vehicle which has been damaged to such an extent that it cannot be operated under its own power and will require major repairs before being made usable, or such a vehicle which does not comply with state or village laws or ordinances.

   KENNEL, COMMERCIAL. Any lot or premises or portion thereof on which more than four dogs or cats, or other household domestic animals, over four months of age, are kept or on which more than two such animals are boarded for compensation or kept for sale.

   LARGE COMMUNITY RESIDENCE. A community residence serving nine to 16 persons with disabilities.

   LIMITED ACCESS HIGHWAY. A trafficway, including expressways and toll roads for through traffic, in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same, except at such points only and in such manner as may be determined by the public authority having jurisdiction over such trafficway.

   LOADING AND UNLOADING SPACE, OFF- STREET. An open, hard surfaced area of land, other than a street or public way, the principal use of which is for the standing, loading and unloading of motor trucks, tractors and trailers. Such space is not less than ten feet in width, 35 feet in length and 14 feet in height, exclusive of access aisles and maneuvering space.

   LOT. A parcel of land occupied or to be occupied by one building and accessory buildings and uses or a unit group of buildings and including the open spaces required under these regulations. A lot may be land so recorded on official records or it may include parts or a combination of such lots when adjacent to one another, provided such ground is used for only one improvement, or may be a parcel of land described by metes and bounds.

   LOT AREA. The area of a horizontal plane bounded by the front, side and rear lot lines.

   LOT, CORNER. A lot located at the intersection of two streets or a lot bounded on two sides by a curving street and any two chords of which form an angle of 120° or less measured on the lot side.

   LOT COVERAGE. The area of a zoning lot occupied by the principal building or buildings and accessory buildings.

   LOT DEPTH. The mean horizontal distance between the front and rear lot lines.

   LOT, DOUBLE FRONTAGE. A lot other than a corner lot having frontage on two or more streets. An alley shall not be considered a street.

   LOT FRONTAGE. The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under YARD in this section.

   LOT, INTERIOR. A lot other than a corner or reversed corner lot.

   LOT, REVERSED CORNER. A corner lot at right angles or approximately right angles to the general pattern of the area, the street side lot line of which is substantially a continuation of the front lot line of the front lot to the rear. The rear of the corner lot is adjacent to the side of another lot, whether across an alley or not.

   LOT LINE, FRONT. The front property line of a zoning lot.

   LOT LINE, INTERIOR. A side lot line common with another lot.

   LOT LINE, REAR. The rear lot line is the lot line or lot lines most nearly parallel to and most remote from the front lot line. Lot lines other than front or rear lot lines are side lot lines.

   LOT OF RECORD. A lot which is a part of a subdivision, the plat of which has been legally recorded.

   LOT WIDTH. The horizontal distance between the side lot lines measured at right angles to the lot depth at the established front building line.

   MARQUEE or CANOPY. A rooflike structure of a permanent nature which projects from the wall of a building and overhangs the public way.

   MASTER PLAN. The officially adopted Master Plan of the village.

   MOBILE PARK HOME. A parcel or tract of land developed with facilities for locating three or more mobile homes, provided that each mobile home contains a kitchen, flush toilet and shower or bath and that such mobile home park shall be for use only by nontransient dwellers remaining continuously for more than one month, whether or not a change is made. It shall not include a sales lot in which motor vehicles or unoccupied trailers are parked for the purpose of inspection or sale.

   MOTOR VEHICLE REPAIR, MAJOR AND MINOR. See AUTO REPAIR, MAJOR AND MINOR.

   MOTEL. An establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space, located on a single zoning lot and designed for use by transient automobile tourists. A MOTEL furnishes customary hotel services such as maid service and laundering of linen, telephone and secretarial or desk service, and the use and upkeep of furniture. In a MOTEL less than 50% of the living and sleeping accommodations are occupied or designed for occupancy by persons other than transient automobile tourists.

   MOTOR VEHICLE. Any passenger vehicle, truck, tractor, tractor-trailer, truck-trailer, trailer or semi-trailer propelled or drawn by mechanical power.

   NONCONFORMING BUILDING. A building or structure or portion thereof lawfully existing at the time of adoption of this chapter, or amendment thereto, which was designed, erected or structurally altered for a use that does not conform to the use regulations of the district in which it is located.

   NONCONFORMING USE. A use which lawfully occupies a building or land at the time of adoption of this chapter or amendment thereto, and which does not conform with the use regulations of the district in which it is located.

   NURSERY, CHILD CARE. An establishment for the part-time care of five or more children of pre-elementary school age in addition to the members of the family residing therein.

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

   OPEN SALES LOT. Land used or occupied for the purpose of buying or selling merchandise stored or displayed out-of-doors prior to sale. (Such merchandise includes, but is not limited to, passenger cars, trucks, motor scooters, motorcycles, boats and monuments.)

   OUTDOOR SEATING. An area of designated size used as a seating area with tables and chairs, associated with a contiguous restaurant and including the sale of food to patrons.

   PARKING SPACE, AUTOMOBILE. Space within a public or private parking area of not less than 180 square feet (9 feet by 20 feet) exclusive of access drives for the storage of one passenger automobile or commercial vehicle under one and one-half tons capacity.

   PATIO/TERRACE. A level plane or platform which, for the purposes of this chapter, is located adjacent to one or more faces of the principal structure, and which is constructed at or within three feet of the finished grade, without a permanent roof and intended for outdoor lounging, dining, and the like.

   PAY DAY LOAN STORE. A service to make loans against paychecks or paycheck advances in exchange for a fee that is intended to bridge the borrower's cash flow gap between paydays.

   PEN. An enclosure connected to a coop for the purposes of allowing chickens to leave the coop while remaining in an enclosed, predator-safe environment.

   PERFORMANCE STANDARD. A criterion established 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. The more frequently used performance criteria include:

      (1)   ACTIVE TO INTENSE BURNING. The rate of combustion described by materials that burn with a high degree of activity and are consumed rapidly. Examples include sawdust, powdered magnesium and pyroxylin.

      (2)   CLOSED CUP FLASH POINT. The lowest temperature at which a combustible liquid, under prescribed conditions will give off a flammable vapor which will burn momentarily.

      (3)   DECIBEL. A unit which describes the sound pressure level or intensity of sound. A sound level meter is calibrated in decibels.

      (4)   DETONABLE MATERIALS. Materials which decompose by detonation. Such materials include explosives, unstable compounds and fissionable matter.

      (5)   EARTHBORNE VIBRATIONS. The periodic displacement, measured in inches, of earth.

      (6)   FIREPROOF CONTAINERS. Enclosures of steel or concrete, but not lead or other low-melting metals or alloys, unless the lead or low- melting metal or alloys are completely encased in steel.

      (7)   FLASH POINT. The lowest temperature at which a flammable liquid will momentarily burn under prescribed conditions. The tag flash point testers shall be authoritative.

      (8)   FOOT CANDLE. A unit of illumination; technically, the illumination at all points one foot distance from a uniform point source of one candle power.

      (9)   FREE BURNING. Implies a rate of combustion described by a material which burns actively and easily supports combustion.

      (10)   FREQUENCY. Signifies the number of oscillations per second in a sound wave and is an index of the pitch of the resulting sound.

      (11)   IMPACT NOISE. A short duration sound such as those from a forging hammer or punch press.

      (12)   IMPULSIVE NOISE. A sound which is no longer than two seconds in duration, followed by no less than a two-second rest.

      (13)   INTENSE BURNING. A rate of combustion described by a material that burns with a high degree of activity and is consumed rapidly.

      (14)   MICROCURIE. One millionth of a curie, which is a standard unit of radioactivity.

      (15)   MODERATE BURNING. A rate of combustion described by a material which supports combustion and is consumed slowly as it burns.

      (16)   NOXIOUS MATTER. A 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.

      (17)   OCTAVE BAND. A prescribed interval of sound frequencies which classifies sound according to its pitch.

      (18)   ODOR THRESHOLD. The lowest concentration of odorous matter in air that will produce an olfactory response in a human being.

      (19)   ODOROUS MATTER. Any matter or material that yields an odor which is offensive in any way.

      (20)   PARTICULATE MATTER. Material, other than water, which is suspended in or discharged into the atmosphere in a finely divided form as a liquid or solid.

      (21)   PREFERRED FREQUENCY OCTAVE BANDS. A standardized series of octave bands prescribed by U.S.A.S.I in S1.6-1967, Preferred Frequencies for Acoustical Measurements.

      (22)   PRE-1960 OCTAVE BANDS. A standardized series of octave bands prescribed by the U.S.A.S.I. in Z24.10-1953, Octave Band Filter Set.

      (23)   RINGELMANN CHART. One which is described in the U.S. Bureau of Mines Information Circular 6888 or its successor, and on which are illustrated graduated shades of grey for use in estimating the light-obscuring capacity of smoke.

      (24)   SCF (Standard Cubic Feet). The measure of the volume of a gas, at any other conditions, reduced to 14.73 pounds per square inch absolute and 60°F.

      (25)   SLOW BURNING or INCOMBUSTIBLE. Materials which do not in themselves constitute an active fuel for the spread of combustion. A material which will not ignite, nor actively support combustion during an exposure for five minutes to a temperature of 1200°F, shall be designated INCOMBUSTIBLE.

      (26)   SMOKE. Small gas-borne particles, other than water, that form a visible plume in the air.

      (27)   SMOKE AND PARTICULATE MATTER (Ringelmann Number). The shade of smoke as it appears on the standard Ringelmann Chart published by the U.S. Bureau of Mines.

      (28)   SOUND LEVEL. Of an operation or use is the intensity of sound, measured in decibels, produced by such operation or use.

      (29)   SOUND LEVEL METER. An electronic instrument which includes a microphone, an amplifier and an output meter which measures noise and sound pressure levels in a specified manner. It may be used with the octave band analyzer that permits measuring the sound pressure level in discrete octave bands.

      (30)   SOUND PRESSURE LEVEL. The intensity of a sound measured in decibels mathematically described as 20 times the logarithm to the base ten of the ratio of the pressure of the sound to a reference pressure of 0.0002 microbar.

      (31)   TOXIC MATTER. Materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts.

      (32)   THRESHOLD LIMIT VALUE. The maximum allowable airborne concentration of toxic material, as established by the American Conference of Governmental Industrial Hygienists.

      (33)   UNITED STATES OF AMERICA STANDARDS INSTITUTE (U.S.A.S.I.) A national organization promulgating authoritative standards in many technical fields. Formerly, American Standards Association.

      (34)   VIBRATION. The periodic displacement or oscillation of the earth.

   PETS, HOUSEHOLD. Animals customarily kept as domesticated pets but excluding livestock, such as swine, sheep, goats, ponies or horses, and poultry.

   PILOT PLANT. A building or group of buildings in which a test, sample or experimental manufacturing or assembling is operated until such time as the process is perfected. This use is not to provide for the continuing operation of a manufacturing or assembling use.

   PLANNED UNIT DEVELOPMENT PLAT. A drawing or map made to a measurable scale upon which is presented a description and definition of the way in which the design requirements of the planned unit development are to be met and intended for recording with the county Recorder of Deeds.

   PORCH. A roofed-over structure projecting out from the wall or wall of a main structure and commonly open to the weather in part.

   PRINCIPAL BUILDING/STRUCTURE/USE. The main structure erected on or the main use occupying a lot, as distinguished from an accessory (subordinate) structure or use.

   PROPERTY LINE. An imaginary line at the edge or boundary of a zoning lot.

   PUBLIC WAY. Any sidewalk, street, alley, highway or other public thoroughfare.

   PUBLIC UTILITY. Any person, firm or corporation duly authorized to furnish under public regulation to the public, electricity, gas, steam, telephone, telegraph, transportation, water or sewerage systems.

   RAILROAD RIGHT-OF-WAY. A strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.

   REST HOME or NURSING HOME. A private home for the care of children or the aged or infirm or any other person in need of nursing care. Such home does not contain equipment for surgical care of for treatment of disease or injury, and is not primarily designed for mental patients or alcoholics.

   RESTAURANT. A business where the dispensing of edible foodstuff and/or beverage on the premises is the principal business operation including, but not limited to, a café, cafeteria, coffee shop, lunch room, tearoom, and dining room, but not including a drive-in or drive-through restaurant.

   RESTAURANT, DRIVE-IN, DRIVE-THROUGH or CARRY-OUT. A restaurant, whose principal business of operation is the dispensing of edible foodstuff and/or beverage, ready for consumption on the premises, or to be carried off the premises. One or the other of the following conditions shall prevail:

      (1)   Total seating area located within the enclosed portion of the premises shall be less than 50% of the total floor area.

      (2)   Total automobile parking spaces on the premises shall exceed the total indoor seats provided for customers.

   RETAIL or RETAIL STORE. Sale to the ultimate consumer for direct consumption and not for resale.

   ROOSTER. An adult male domestic chicken.

   SCHOOL. A public or private institution which offers instruction in any of the branches of learning and study comparable to that taught in the public schools under the Illinois school laws, including pre-kindergarten, kindergarten, elementary school and junior and senior high schools, but excluding trade, business or commercial schools.

   SETBACK. The minimum horizontal distance between the street wall of a building and the street property line.

   SETBACK, ESTABLISHED BUILDING. When 50% or more of the lots fronting on one side of street within a block are improved, the existing building setbacks of such improved lots shall be the ESTABLISHED BUILDING SETBACK for determining the required setbacks for the remainder of the lots along such street frontage, as regulated in this chapter.

   SIGN. A name, identification, description, display or illustration which is affixed to or painted or represented directly or indirectly upon a building, structure, or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business.

   SIGN, ADVERTISING. A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where such sign is located or to which it is affixed.

   SIGN, FLASHING. Any illuminated sign on which the artificial light is not maintained stationary and/or constant in intensity and color at all times when such sign is in use. For the purpose of this chapter, any revolving, illuminated sign shall be considered a FLASHING SIGN.

   SIGN, GROSS SURFACE AREA OF. The entire area within a single continuous perimeter enclosing the extreme limits of a sign and in no case passing through or between any adjacent elements of the same. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display. In the case of a sign with two visible surfaces, the gross surface area shall be the sum of both sides of the sign.

   SMALL COMMUNITY RESIDENCE. A community residence serving eight or fewer persons with disabilities.

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

   STACKING. The orderly lineup of automobiles within a designated lane or area. One stacking space shall be no less than 15 feet.

   STORAGE, OUTDOOR. The outdoor accumulation of vehicles, equipment or products or materials for permanent or temporary holding.

   STORY. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof.

   STORY, HALF. That portion of a building under a gable, hip or mansard roof, the wall plates of which, on at least two opposite exterior walls, are not more than 4-1/2 feet above the finished floor of such story. In the case of one-family dwellings, two-family dwellings and multiple-family dwellings less than three stories in height, a half-story in a sloping roof shall not be counted as a story for the purposes of this chapter. In the case of multiple-family dwellings three or more stories in height, a half-story shall be counted as a story.

   STREET. All property dedicated or intended for public highway, freeway or roadway purposes or subject to public easements.

   STREET FRONTAGE. All of the property fronting on one side of a street between two intersecting streets, or in the case of a dead-end street, all of the property along one side of a street between an intersecting street and the end of such dead-end street.

   STREET LINE. The division line between private property and a dedicated street or way, usually uninterrupted from corner to corner in any given block.

   STRUCTURE. Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, to advertising signs, billboards, back stops for tennis courts and pergolas.

   STRUCTURAL ALTERATIONS. Any change in the supporting members of a building such as bearing walls or partitions, columns, beams or girders, excepting such alterations as may be required for the safety of the building.

   TELECOMMUNICATION STATION AND TRANSMISSION TOWER. A tower, pole, or similar structure that supports a telecommunications antenna operated for commercial purposed above ground in a fixed location, freestanding, guyed, or on a building or other structure; and the land and accessory buildings and equipment and equipment associated with said tower, pole or structure.

   TELECOMMUNICATIONS ANTENNA. A specific device, the surface of which is used to transmit and/or receive electromagnetic waves or other signals transmitted to or from other antennas from commercial purposes.

   TEMPORARY MOBILE SIGN. An advertising device of a not-permanent type, used principally for commercial purposes.

   TERRACE. See PATIO .

   THROUGH LOT. A lot having its front and rear lot lines on adjacent and substantially parallel streets, otherwise known as a double frontage lot.

   TRAILER. A vehicle without motive power used or adaptable for living, sleeping, business or storage purposes, that has no foundation other than wheels, blocks, skids, jacks, horses or skirting and has been or reasonably may be equipped with wheel or other devices for transporting the structure from place to place. The term TRAILER shall include CAMP CAR and HOUSE CAR. A permanent foundation shall not change its character unless the entire structure is erected in accordance with Chapter 151: Building Code.

   TRAILER, HOUSE or MOBILE HOME. Any trailer as defined herein used for residential purposes.

   TRANSSHIPMENT. The shipment of goods to an intermediate destination, and then from there to yet another destination.

   TRUCK STOP. A truck stop is a commercial facility that provides fuel, parking, and from time to time food and other services to long-haul trucks/semi-trucks. They consist (at the very least) of a diesel grade fueling station with bays wide and tall enough for modern tractor/trailer rigs and have a large enough parking area to accommodate five or more semi-trucks or other heavy vehicles. A convenience store is often associated with diesel fuel sales being the primary source of retail.

   TRUCK TERMINAL. A building or area in which trucks, including but not limited to tractor or trailer units are parked, stored, or serviced, including the transfer, loading or unloading of goods. A terminal may include facilities for the temporary storage of loads of such goods prior to transshipment.

   UNIFIED CONTROL. The combination of two or more tracts of land wherein each owner has agreed that his tract of land shall be developed as part of a planned unit development and shall be subject to the control applicable to the planned development.

   USE. The purposes for which land or a building thereon is designed, arranged or intended, or for which it is occupied, maintained, let or leased.

   USE, PERMITTED. A use which may be lawfully established in a particular district or districts, provided that it conforms with all requirements, regulations and performance standards (if any) of such district.

   USE, PRINCIPAL. The main use of land or buildings as distinguished from a subordinate or accessory use. A PRINCIPAL USE may be either a permitted use or a special use.

   USE, SPECIAL. See SPECIAL USE.

   USED CAR LOT. A zoning lot on which used or new cars, trailers or trucks are displayed for sale or trade outside of buildings.

   VALUATION (of a building). The assessed valuation, or where no assessed valuation exists, its appraised valuation.

   VILLAGE PLANNER. The individual appointed by the Village President by and with the consent of the Board of Trustees, to function, when authorized by ordinance or by the President, in the administrative review of the specific planning and zoning applications.

   WAREHOUSE/DISTRIBUTION. A warehouse/distribution use includes structures, or part thereof, or areas used principally for the storage or distribution of goods and merchandise to retailers, non-residential users, or to other wholesales. This use may include ACCESSORY TRUCK TERMINALS but does not include TRUCK TERMINAL.

   WHOLESALE. Sale for resale, not for direct consumption.

   YARD. An open space on the same zoning lot with a principal building or group of buildings which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this chapter, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the zoning lot is located.

   YARD, FRONT. A yard extending across the full width of the zoning lot in accordance with the setback requirements of this chapter. (See definition of SETBACK).

   YARD, REAR. A yard extending across the rear of the lot between the side yards. Double frontage and reverse corner lots will have no rear yard.

   YARD, SIDE. A yard extending from the rear line of the front yard to the lot line most nearly parallel to that rear line.

   ZONING ADMINISTRATOR. The individual appointed by the Village President by and with the consent of the Board of Trustees, to administer and enforce this chapter in the village.

   ZONING LOT. A parcel of land of sufficient size to meet the minimum requirements of this chapter concerning use, coverage, width, area, yards and other open space and having frontage on an improved public street.

   ZONING MAP. The map or maps incorporated into this chapter as a part hereof, designating zoning districts.

   (B)   (1)   Words used in the present tense shall include the future; words used in the singular number shall include the plural number and the plural the singular.

      (2)   The word SHALL is mandatory and not discretionary.

      (3)   The word MAY is permissive.

      (4)   The word LOT shall include the words PLOT, PIECE and PARCEL; the word BUILDING includes all other structures or improvements of every kind, regardless of similarity to buildings; and the phrase USE FOR shall include the phrases ARRANGED FOR, DESIGNED FOR, INTENDED FOR, MAINTAINED FOR and OCCUPIED FOR.

      (5)   The word PERSON includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.

      (6)   The masculine gender includes the feminine and neuter.

(Ord. 95, passed 4-5-71; Am. Ord. 632, passed 1-7-91; Am. Ord. 819, passed 10-3-94; Am. Ord. 833, passed 12-19-94; Am. Ord. 1283, passed 4-7-03; Am. Ord. 1451, passed 12-18-06; Am. Ord. 1477, passed 3-19-07; Am. Ord. 1501, passed 8-20-07; Am. Ord. 1527, passed 3-3-08; Am. Ord. 1742, passed 5-6-13; Am. Ord. 1906, passed 11-6-17; Am. Ord. 2010, passed 3-16-20)