Certain words used to explain land use regulations require special usage. Other words and terms must be defined as to the manner in which they relate to zoning. The following words are defined as suggested for the purpose of clarity and understanding of the recommendations in the report:
ABANDONMENT: An action to give up one's rights or interests in property.
ACCESSORY BUILDING, STRUCTURE OR USE: A. An "accessory building, structure or use" is 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; and
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.
B. An "accessory use" includes, but is not limited to, the following:
1. A children's playhouse, garden house and private greenhouse.
2. A shed, garage or building for domestic storage.
3. Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless such storage is excluded by the district regulations.
4. Storage of goods used in or produced by manufacturing activities on the same lot or parcel of ground with such activities, unless such storage is excluded by the district regulations.
5. Swimming pool, private, for use by the occupant and his guests.
6. Off street motorcar parking areas and loading and unloading facilities.
7. Signs (other than advertising signs) as permitted and regulated in each district incorporated herein.
8. Carports.
9. Public utility facilities: telephone, electric, gas, water and sewer lines, their supports and incidental equipment.
ACREAGE: Any tract or parcel of land having an area of one acre or more which has not heretofore been subdivided or platted.
ADULT BOOTH: Any area of an adult entertainment establishment set off from the remainder of such establishment by one or more walls or other dividers or partitions and used to show, play, or otherwise demonstrate any adult materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
ADULT CABARET: Any commercial establishment that as a substantial or significant portion of its business features or provides any of the following:
A. Persons who appear seminude.
B. Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
C. Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.
ADULT ENTERTAINMENT ESTABLISHMENT: An "adult cabaret", "adult store", or "adult theater", as defined in this Section.
ADULT MATERIAL: Any of the following, whether new or used:
A. Books, magazines, periodicals, or other printed matter, or digitally-stored materials; or films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind, that are distinguished or characterized by an emphasis on the exposure, depiction or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.
B. Instruments, novelties, devices, or paraphernalia that are designed for use in connection with specified sexual activities, or that depict or describe specified anatomical areas.
ADULT STORE: Any commercial establishment that: a) contains one or more adult booths; b) as a substantial or significant portion of its business offers for sale, rental, or viewing any adult materials; or c) has a segment or section devoted to the sale or display of adult materials.
ADULT THEATER: Any commercial establishment that as a substantial or significant portion of its business features or provides: a) films, motion pictures, video or audio cassettes, slides, or other visual representations or recordings that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities; or b) live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
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 toproduce 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.
ALLEY: A public way, not more than thirty feet (30') wide, which affords only a secondary means of access to abutting property.
ALTERATIONS, STRUCTURAL: Any change which would tend to prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams and girders.
ANIMAL HOSPITAL: Any building or portion thereof designed or used for the care, observation or treatment of domestic animals.
ANTENNA: See definition of Disk Antenna.
APARTMENT: A room or suite of rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen facilities, permanently installed, must always be included for each apartment.
APARTMENT HOTEL: See definition of Hotel, Apartment.
APARTMENT HOUSE: See definition of Dwelling, Multiple-Family.
AUDITORIUM: A room, hall or building made a part of a church, theater, school, recreation building, concert or music hall, or other building, assigned to the gathering of people as an audience to hear lectures, plays, etc.
AUTOMOBILE AND TRAILER SALES AREA: An open area, other than a street, used for the display or sale of new or used automobiles or trailers, and where no repair work is done except for minor incidental repair of automobiles or trailers to be displayed and sold on the premises.
AUTOMOBILE LAUNDRY: A building or portion thereof where automobiles are washed with the use of a chain conveyor and blower or steam cleaning device.
AUTOMOBILE 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 painting of vehicles.
AUTOMOBILE REPAIR, MINOR: Incidental repairs, replacement of parts and motor service to automobiles, but not including any operation specified under "automobile repair, major".
AUTOMOBILE SERVICE STATION: A place where gasoline, stored only in underground tanks, 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 the servicing of automobiles, but not including major automobile repairs; and including washing of automobiles where no chain conveyor, blower or steam cleaning device is employed. When the dispensing, sale or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage. Automobile service stations shall not include sale or storage of automobiles or trailers (new or used).
AUTOMOBILE SERVICE USE: A retail business establishment in and upon which the servicing of automobiles, including towing operations and related services, and the washing of automobiles, where no chain conveyer, blower, or steam cleaning device is employed, is conducted. Automobile service uses shall not include the sale of automobiles or trailers (new or used), painting or auto body repair.
AWNING: A rooflike cover, temporary in nature, which projects from the wall of a building or overhangs the public way.
BASEMENT: A story partly or wholly underground. Where more than one-half (1/2) of its height is above the established curb level or above the average level of the adjoining ground where the curb level has not been established, a basement shall be counted as a story for purposes of height measurement.
BEAUTY SALON: A business establishment where cosmetology services are provided. This includes but is not limited to, hair, nail, and skin care, and other spa services including massage therapy.
BEEKEEPING: The keeping of one or more colonies of honeybees on one's own property, subject to the following sub-definitions:
Bee: Shall mean any stage of the common domestic honeybee, Apis Mellifera.
Colony: Shall mean a hive and its equipment and appurtenances, including bees, comb, honey, pollen, and brood.
Hive: Shall mean a structure intended for the housing of a bee colony.
Nucleus Hive: Shall mean small honey bee colonies created from larger colonies. The term refers both to the smaller size box and the colony of honeybees within it.
BILLBOARD: Any structure or portion thereof upon which are signs or advertisements used as an outdoor display. This definition does not include bulletin boards used to announce church services or to display court or other public office notices, or signs offering the sale or lease of the premises on which the sign is located.
BLOCK: A tract of land bounded by streets or, in lieu of a street or streets, by public parks, cemeteries, railroad rights-of-way, bulkhead lines or shore lines of waterways, or corporate boundary lines of municipalities.
BUILDABLE AREA: The space remaining on a zoning lot after the minimum open space requirements have been complied with.
BUILDING: A. Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or openings; and which is designed or intended for the shelter, enclosure or protection of persons, animals or chattels.
B. Any structure with interior areas not normally accessible for human use, such as gas holders, oil tanks, water tanks, grain elevators, coal bunkers, oil cracking towers and other similar structures, are not considered as buildings.
BUILDING, COMPLETELY ENCLOSED: A building separated on all sides from the adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.
BUILDING, DETACHED: A building surrounded by open space on the same zoning lot.
BUILDING HEIGHT: The vertical distance measured from the sidewalk level or its equivalent established grade to the highest elevation of the roof provided that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.
BUILDING LINE: The line nearest the front of and across a zoning lot, establishing the minimum open space to be provided between the front line of a building or structure and the street right- of-way line.
BUILDING, NONCONFORMING: Any building which does not conform to the regulations herein prescribing the maximum floor area ratio, required yards, coverage, height and setbacks, minimum required spacing between buildings on a single lot and minimum required usable open space for the district in which such building is located.
BUILDING, PRINCIPAL: A nonaccessory building in which the principal use of the zoning lot on which it is located is conducted.
BUILDING SETBACK LINE: A line parallel to the street line at a distance from it, regulated by the front yard requirements set up herein.
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: The term used to indicate the size and setbacks of buildings or structures and location of same with respect to one another and includes the following:
A. Size and height of buildings;
B. Location of exterior walls at all levels in relation to lot lines, streets or other buildings;
C. Gross floor area of buildings in relation to lot area (floor area ratio);
D. All open spaces allocated to the buildings;
E. Amount of lot area per dwelling unit;
F. Required parking areas.
BUS LOTS: Any lot or land area used for the storage or layover of passenger buses or motor coaches.
CANOPY: A roof like structure with or without post or other ground support, constructed to provide shelter to pedestrians or vehicles. A canopy may extend in the public right of way but not closer than two feet (2') to the curb line.
CARPORT: A roofed over area attached to the principal building for vehicle storage, which may be open on three (3) sides.
CELLAR: A story having more than one-half (1/2) 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 purposes of height measurement.
CLINIC OR MEDICAL HEALTH CENTER: A medical center or medical clinic is an establishment where three (3) or more licensed doctors of medicine engage in the practice of medicine, operating on a group or individual basis, with pooled facilities, such as coordinated laboratory, x-ray and allied departments, for the diagnosis and treatment of humans, which need not, but may include, a drug prescription counter (not a drugstore) for the dispensing of drugs and pharmaceutical products to the patients of the said organization. In addition to the above, the medical center or medical clinic may include the space for the practice of dentistry.
CLUB OR LODGE, PRIVATE: A nonprofit association of persons who are bona fide members paying annual dues, which owns, hires or leases a building or portion thereof, the use of such premises being restricted to members and their guests.
It shall be permissible to serve food and meals on such premises provided that adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to the members and their guests shall be allowed in conjunction with the operation of a dining room for the purpose of serving food and meals, though such beverages may be served in a separate room or rooms, and provided that such sale of alcoholic beverages is in compliance with the applicable federal, state and city laws.
COMMERCIAL ESTABLISHMENT: Any place where admission, services, performances, or products are provided for or upon payment of any form of consideration.
COMMERCIAL VEHICLE: Any vehicle operated for the transportation of persons or property in the furtherance of any commercial or industrial enterprise, for hire or not for hire.
COMMISSION: The plan commission of the city of Countryside, as constituted by ordinance.
COMMUNITY RESIDENCE: A single-dwelling unit occupied on a relatively permanent basis in a family like environment by a group of unrelated persons with disabilities, plus paid professional support staff provided by a sponsoring agency either living with the residents on a twenty four (24) hour basis, or present whenever residents with disabilities are present at the dwelling, which complies with the zoning and building regulations with the district in which it is located.
CORNER LOT: See definition of Lot, Corner.
CORNER LOT, REVERSED: See definition of Lot, Reversed Corner.
COURT, OUTER: An open, unoccupied space opening onto a street, alley or yard.
COVERAGE, LOT: See definition of Lot Coverage.
CULTIVATION CENTER: A facility operated by an organization or business that is registered by the department of agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis.
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 of the front of each street. Where no curb elevation has been established, the mean level of the land immediately adjacent to the building shall be considered "curb level".
DAY NURSERY: A building or portion thereof used for the daytime care of preschool age children.
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".
DISABILITY: A mental, intellectual or physical impairment, or combination thereof, which is likely to continue for a significant amount of time or indefinitely, and which results in functional limitations in one of a person's major life activities, such as self care, receptive or expressive language, learning, mobility, self direction, capacity for independent living, or economic self sufficiency, and reflects the person's need for care, treatment or other services which are lifelong or of extended duration. It shall include a record of having such impairment, or being regarded as having such impairment. The term does not include current use of, nor addiction to, a controlled substance.
DISK ANTENNA: A disk shaped satellite television or radio antenna, the purpose of which is to receive television and/or radio signals from orbiting satellites. For the purposes hereof, the terms "disk antenna" and "dish antenna" shall mean the same thing.
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, motels, boarding or lodging houses.
Dwelling, Attached: A dwelling which is joined to another dwelling at one or more sides by a party wall or walls.
Dwelling, Detached: A dwelling which is entirely surrounded by open space on the same lot.
Dwelling Group: Two (2) or more one-family, two-family or multiple-family dwellings or boarding or lodging houses, located on one zoning lot, but not including tourist courts or motels.
Dwelling, Multiple-Family: A building or portion thereof, designed or altered for occupancy by three (3) or more families living independently of each other.
Dwelling, One-Family: A dwelling unit designed exclusively for use and occupancy by one family.
Dwelling, Row (Party Wall): A row of two (2) to eight (8) attached one-family, party wall dwellings, not more than two and one-half (21/2) stories in height nor more than two (2) rooms in depth, measured from the building line.
Dwelling, Two-Family: A building designed or altered to provide dwelling units for occupancy by two (2) families.
Dwelling Unit: One or more rooms which are arranged, designed or used as living quarters for a family or a community residence as a single housekeeping unit. Individual bathrooms and complete kitchen facilities, permanently installed, as well as sleeping and living areas, shall be included for each dwelling unit.
EDUCATIONAL INSTITUTION: 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.
FAMILY: One or more persons living together and maintaining a common household, but not including sororities, fraternities or other similar organizations.
FENCE: A manmade structure forming a boundary, barrier or enclosure, but not including a "wall" as herein defined.
FENCE, OPEN: The term "open style fence" shall refer to a fence design that has a method of construction and pattern of materials leaving the plane of the fence a minimum of fifty percent (50%) open with a minimum of 2.5 inches open space between each vertical as measured continuously in four foot (4') intervals along its length. When standing perpendicular to the fence, one should be able to see visibly through the fence.
FENCE, SOLID: An impenetrable fence possessing the property of excluding all other bodies, light and air from the space occupied by itself, such as, but not limited to, stockade.
FLOOR AREA, GROSS (For The Purpose Of Determining Floor Area Ratio): 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 centerline of party walls separating two (2) buildings. In particular "gross floor area" shall include:
A. Basement space meeting the following condition:
1. At least one-half (1/2) of the basement 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') and the attic is accessible by a permanent stairway;
E. Interior balconies and mezzanines;
F. Enclosed porches, but not terraces and breezeways;
G. An accessory building when attached to the principal building.
FLOOR AREA, GROSS (For The Purpose Of Determining Requirements For Off Street Parking And Off Street Loading): The floor area shall mean the sum of the gross horizontal areas of the several floors of the buildings or portion thereof, devoted to such use, including accessory storage areas located within selling or working space, such as counters, racks or closets and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, floor area, for purposes of measurement for off street parking spaces, shall not include floor area devoted primarily to storage purposes (except as otherwise noted herein); floor area devoted to off street parking or loading facilities, including aisles, ramps and maneuvering space; or basement floor other than area devoted to retailing activities, or the production or processing of goods, or to business or professional offices.
FLOOR AREA RATIO (FAR): The total floor area of the building or buildings on the zoning lot divided by the area of such zoning lot, or in the case of a planned development, by the net site area.
FREQUENCY: The number of oscillations per second in a sound wave measuring the pitch of the resulting sound.
FRONTAGE: All the property fronting on one side of a street between the nearest intersecting streets or between a street and a right of way, waterway or other similar barrier.
GARAGE, BUS: Any building used or intended to be used for the storage of three (3) or more passenger motorbuses, or motor coaches used in public transportation, including school buses.
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 (11/2) tons' capacity.
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 upon the premises, and in which no business, service or industry connected directly or indirectly with automotive vehicles is carried on; provided that not more than one-half (1/2) of the space may be rented for the private vehicles of persons not resident on the premises, except that all the space in a garage of one or two (2) car capacity may be so 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 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 (11/2) tons' capacity.
GOLF COURSE: Public, semipublic or private grounds over which the game of golf is played, including accessory buildings and land uses incidental thereto, and consisting of at least sixty (60) acres for each standard nine (9) hole course, and twenty five (25) acres for each nine (9) hole "par 3" course.
GRADE, STREET: The elevation of the established street in front of the building measured at the center of such front. Where no street grade has been established, the city engineer shall establish such street grade or its equivalent for the purpose of this section.
HOME OCCUPATION: Any occupation or profession carried on by a member of a family, residing on the premises, in connection with which there is used no sign other than that allowed by the sign regulations for the district in which such home occupation is located; provided that no commodity is sold upon the premises except such as may be produced on the premises by members of the immediate family; provided that no person is employed other than a member of the immediate family residing on the premises, and provided that no mechanical equipment is used except such as is normally used for domestic, hobby or household purposes.
Home occupation shall include the use of premises by a physician, surgeon, dentist, lawyer, clergyman or other professional person for consultation or emergency treatment, but not for the general practice of his profession. Home occupation shall also include the use of telecommuters, computers and word processing machinery.
HOSPITAL OR SANITARIUM: An institution devoted primarily to maintenance and operation of facilities for the diagnosis, treatment or care for not less than twenty four (24) hours in any week of three (3) or more nonrelated individuals suffering from illness, disease, injury, deformity or other abnormal physical conditions. The term "hospital" as used herein does not apply to institutions operating solely for the treatment of insane persons, drug addicts, liquor addicts or other types of cases necessitating restraint of patients, and the term "hospital" shall not be used for convalescent, nursing, shelter or boarding homes.
HOTEL, APARTMENT: A building containing dwelling units or individual guest rooms, the majority of which are for permanent guests. Maid and janitor service may be provided, but kitchen facilities are not necessarily included.
HOTEL OR MOTEL: An establishment containing lodging accommodations designed for use by transients, or travelers or temporary guests. Facilities provided may include maid service, laundering of linen used on the premises, telephone and secretarial or desk service, meeting rooms, restaurants, but may not include kitchen or cooking facilities.
KENNEL, COMMERCIAL: 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.
LABORATORY, COMMERCIAL: A place devoted to experimental study such as testing and analyzing. Manufacturing, assembly or packaging of products is not included within this definition.
LOADING AND UNLOADING SPACE OR BERTH, OFF STREET: An open, hard surfaced area of land other than a street or a public way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors and trailers, to avoid undue interference with public streets and alleys. Such space shall not be less than ten feet (10') in width, thirty five feet (35') in length and fourteen feet (14') in height, exclusive of access aisles and maneuvering space.
LODGING OR ROOMING HOUSE: A building originally designed for or used as a single-family or two-family dwelling, all or a portion of which contains lodging rooms which accommodate persons who are not members of the keeper's family. Lodging or meals, or both, are provided for compensation on a weekly or monthly basis.
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 without cooking facilities, each room which provides sleeping accommodations shall be counted as one "lodging room" for the purposes hereof.
LOT: A parcel of land legally described as a distinct portion of or piece of land of record.
LOT AREA: The area of a horizontal plane bounded by vertical planes containing the front, side and rear lot lines.
LOT, CORNER: A lot situated at the junction of and abutting on two (2) or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is one hundred thirty five degrees (135°) or less.
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 of a lot measured within the lot boundaries.
LOT FRONTAGE: The front of a lot shall be that boundary of a lot along a public street; for a corner lot the owner may elect either street line as the front lot line.
LOT, INTERIOR: A lot other than a corner or reversed corner lot.
LOT LINE: A property boundary line of any lot held in single or separate ownership, except that where any portion of the lot extends to the abutting street or alley, the lot line shall be deemed to be the street or alley line.
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 lot line or lot lines most nearly parallel to and most remote from the front lot lines.
LOT LINE, SIDE: Lot lines other than front or rear lot lines are side lot lines.
LOT OF RECORD: An area of land designated as a lot on a plat of subdivision recorded or registered, pursuant to statute.
LOT, REVERSED CORNER: A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.
LOT, THROUGH: A lot having frontage on two (2) parallel or approximately parallel streets, and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines.
LOT WIDTH: The mean horizontal distance between the side lot lines measured within the lot boundaries, or the minimum distance between the side lot lines within the buildable area.
MANUFACTURE: The making of anything by any agency or process.
MARQUEE: A rooflike structure of a permanent nature which projects from the wall of a building without ground support and which overhangs a pedestrian walkway. A marquee may extend into the public right-of-way but not closer than two feet (2') to the curb line.
MEDICAL CANNABIS DISPENSING ORGANIZATION OR DISPENSING ORGANIZATION OR DISPENSARY ORGANIZATION: A facility operated by an organization or business that is registered by the Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients.
MICROBLADING AND MAKE UP TATTOOING: Means the practice of physical facial adornment, limited to, the following, cosmetic tattooing, microblading and make up tattooing. This definition does not include practices that are considered medical procedures by the Illinois State Medical Board, such as implants under the skin, which shall not be performed in a body art establishment. Nor does this definition include piercing of the non- cartilaginous portion or lobe of the ear with pre-sterilized single-use stud-and-clasp ear-piercing systems.
MODIFIED COMMERCIAL VEHICLE: Any "commercial vehicle" as defined herein which has the following exterior modifications: a ladder or material rack, a side toolbox or a utility bed, a lift, a snowplow and/or snowplow extender bars.
MOTOR FREIGHT TERMINAL: A building in which freight, brought to said building by motor truck, is assembled and sorted for routing in intrastate and interstate shipment by motor truck.
NAMEPLATE: A sign indicating the name and address of a building or the name of an occupant thereof and the practice of a permitted occupation therein.
NEW AUTOMOBILE RETAIL SALES DEALERSHIP: A business in which annual sales of new automobiles is more than thirty percent (30%) of total sales.
NONCONFORMING USE: Any building, structure or land lawfully occupied by a use or lawfully established at the time of the adoption of the ordinance or amendments thereto, which does not conform after the passage of the ordinance or amendments thereto with the use regulations of the ordinance.
NOXIOUS MATTER: Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the psychological, social or economic well-being of human beings.
NURSING HOME: A building containing facilities for the care and home of aged, chronically ill, infirm or incurable persons, or a place of rest for those persons suffering bodily disorders, in which three (3) or more persons not members of the family residing on the premises are received, and provided with food, shelter and care, and which is licensed by the State of Illinois as an extended care facility, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity cases or mental illness.
OCTAVE BAND: A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.
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, ASA No. 224.3-1944.)
OPEN SALES LOT: Any land used or occupied for the purpose of buying and selling new or secondhand passenger cars or trucks, motor scooters, motorcycles, boats, trailers, aircraft and monuments, and for the storing of same prior to sale.
ORDINANCE: Reference to "ordinance" shall be construed as the Countryside zoning ordinance (this title).
OUTDOOR PATIO: Means the privately owned outdoor location adjacent to premises holding a liquor license or a restaurant license.
PARKING AREA, PRIVATE: An open, hard-surfaced area, other than a street or public way, designed, arranged and made available for the storage of private passenger automobiles only, of occupants of the building or buildings for which the parking area is developed and is accessory.
PARKING AREA, PUBLIC: An open, hard-surfaced area, other than a street or public way, intended to be used for the storage of passenger automobiles and commercial vehicles under one and one- half (11/2) tons' capacity, and available to the public, whether for compensation, free or as an accommodation to clients or customers.
PARKING SPACE, AUTOMOBILE: Space within a public or private parking area or enclosed garage or carport, of not less than one hundred eighty (180) square feet (9 feet by 20 feet), exclusive of access drives or aisles, ramps, columns or office and work areas, for the storage of one passenger automobile or commercial vehicle of not more than eight thousand (8,000) gross pounds.
PARTICULATE MATTER: Material which is suspended in or discharged into the atmosphere in finely divided form as a liquid or solid at atmospheric pressure and temperature.
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 tract of land which is developed as a unit under single ownership or control, which includes two (2) or more principal buildings, and which is at least four (4) acres in area, except for planned developments operated by a Municipal corporation which shall be at least two (2) acres in area, and planned manufacturing developments which shall be at least ten (10) acres in area.
PORCH: A roofed-over structure, projecting out from the wall or walls of a main structure and commonly open to the weather in part.
PRINCIPAL USE: The main use of land or buildings as distinguished from a subordinate or accessory use.
PROTECTED USES: A. A church, synagogue, mosque, or other place of worship.
B. A public or private nursery, elementary, or secondary school.
C. A childcare facility, licensed by the Illinois Department of Children and Family Services, or the City.
D. A public park, playground, playing field, or forest preserve.
E. A public or private cemetery.
PUBLIC OPEN SPACE: Any publicly owned open area, including, but not limited to, the following: parks, playgrounds, forest preserves, beaches, waterways, parkways and streets.
PUBLIC UTILITY: Any person, firm, corporation or Municipal department, duly authorized to furnish under public regulation to the public, electricity, gas, steam, telephone, transportation or water.
RESIDENTIAL PROPERTY: Any lot or other tract of land zoned in any of the following districts or zones under this Code: R-1, R-2, R-3, R-4 or planned development with residential uses.
RESTAURANT: Any building or part thereof, other than a boarding house, where food or meals are provided for compensation, for consumption on the premises, inside a building including a cafe, cafeteria, coffee shop, dining room, lunchroom or tearoom, and including the serving of alcoholic beverages when served with and incidental to the serving of meals.
RESTAURANT/DRIVE-IN: Any land, building or part thereof where food or meals are served for compensation to occupants remaining in motor vehicles.
RESTAURANT, FAST-FOOD/CARRY-OUT: Any building or part thereof where the principal part of the business is providing food or meals for compensation, in disposable wrappers or containers for consumption within the principal building or on or off the premises where prepared.
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 visual density of smoke emission.
SELF STORAGE FACILITY: Any real property designated and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such for the purpose of storing and removing personal property. A self storage facility is not a warehouse for the purposes of article 7 of the Uniform Commercial Code.
SEMINUDE: A state of dress or undress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices or by other minor accessory apparel such as hats, gloves, and socks.
SIGN: For the purposes hereof, all definitions of signs shall be as provided for in Title 8, Chapter 5 of this Code.
SMOKE UNITS: The number obtained by multiplying the smoke density in Ringelmann numbers by the time of emission in minutes. For the purpose of this chart, 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; and the various products are added together to give the total number of "smoke units" observed during the total period under observation.
SOUND LEVEL METER: An instrument standardized by the American Standards Association for measurement of intensity of sound.
SPECIFIED ANATOMICAL AREAS: Any of the following:
A. Less than completely and opaquely covered human genitals; pubic region; buttocks; anus; or female breast below a point immediately above the top of the areolae, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, leotard, bathing suit, or other wearing apparel, provided the areolae are not exposed.
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.
SPECIFIED SEXUAL ACTIVITIES: Any of the following:
A. 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. Human genitals in a state of sexual stimulation, arousal, or tumescence.
E. Excretory functions as part of or in connection with any of the activities set forth in subsections A through D of this definition.
STABLE, LIVERY: Any building, other than a private stable, designed, arranged, used or intended to be used for the storage of horses and horse-drawn livery, or both.
STABLE, PRIVATE: Any building which is located on a lot on which a dwelling is located and which is designed, arranged, used or intended to be used for housing horses for the private use of occupants of the dwelling.
STORY: That portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above, then the space between the floor and the ceiling next above it. Any portion of a story exceeding fourteen feet (14') in height shall be considered as an additional story for each fourteen feet (14') or fraction thereof.
STORY, HALF: A half story is that portion of a building under a gable, hip or mansard roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four and one- half feet (41/2') above the finished floor of each story. In the case of one-family dwellings, two-family dwellings and multiple- family dwellings less than three (3) stories in height, a half story in a sloping room shall not be counted as a story.
STACKING REQUIREMENTS: For the purposes herein, stacking requirements are the number of cars that must be accommodated in a reservoir space while awaiting ingress or egress to specified business or service establishments.
STREET: A public way other than an alley, which affords a primary means of access to abutting property.
STREET LINE: A line separating a lot, piece or parcel of land from a street.
STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial change in the roof or in the exterior walls, excepting such repair or replacement as may be required for the safety of the building.
STRUCTURE: Anything constructed or erected which requires location on the ground, in the ground or is attached to something having location on the ground. A structure also includes a fence, freestanding wall or pool. A sign, billboard or other advertising medium, detached or projecting, shall be construed to be a structure.
TAVERN OR LOUNGE: A building where liquors are sold to be consumed on the premises, but not including restaurants where the principal business is serving food.
TOXIC MATERIALS: A substance (liquid, solid or gaseous) which, by reason of an inherent deleterious property, tends to destroy life or impair health.
TRAILER: A vehicle without motive power used or adaptable for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirting, which does not meet building code requirements and has been or reasonably may be equipped with wheels 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 prevailing city laws.
TRAILER CAMP OR PARK: Any premises occupied or designed to accommodate one or more families living in an automobile house trailer or mobile home, or the parking of one or more trailers for business purposes.
TRUCK PARKING AREA OR YARD: Any land used or intended to be used for the storage or parking of trucks, trailers, tractors and including commercial vehicles, while not loading or unloading, which exceed eight thousand (8,000) gross pounds.
USE: The purpose for which land or a building thereon is designed, arranged or intended or for which it is occupied or maintained, let or leased.
USE, PRINCIPAL: The main use of land or buildings as distinguished from a subordinate or accessory use.
USED AUTOMOBILE RETAIL SALES DEALERSHIP: A business which sells new automobiles or used automobiles.
USED CAR LOT: A zoning lot on which used or new cars, trailers or trucks are displayed in the open for sale or trade.
VEHICLE, RECREATIONAL: Any vehicle or trailer propelled or drawn by mechanical power which is designed for recreational activity or short term living accommodation.
WALL: A structure of stone, brick, plaster or other masonry material serving to enclose a space or support superincumbent weights.
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 herein, 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 along the full length of the front lot line between the side lot lines.
YARD, REAR: The portion of the yard on the same lot with the principal building or use, located between the rear line of the building or use and the rear lot line and extending for the full width of the lot.
YARD, SIDE: A yard extending along a side lot line from the front yard to the rear yard.
ZONING ADMINISTRATOR 1 : Wherever the term "zoning administrator" is used, it shall mean the zoning administrator appointed by the mayor and city council and such deputies or assistants as have been or shall be duly appointed. That officer is hereby authorized and it is his duty to administer and enforce the provisions of the zoning ordinance, making such determinations, interpretations and orders as are necessary therefor, and requiring such plats, plans and other descriptive material in connection with applications for permits as are necessary for him to judge compliance with the ordinance.
ZONING LOT: A single tract of land located within a single block which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control. Therefore, a "zoning lot" may or may not coincide with a lot of record.
ZONING MAP 2 : The map incorporated herein as a part hereof, designating zoning districts. (Ord. 80-2-0, 12-1979; amd. Ord. 84-16-0, 5-9-1984; Ord. 84-18-0, 6-13-1984; Ord. 85-4-0, 2-13-1985; Ord. 88-35-0, 8-24-1988; Ord. 90-34-0, 8-22-1990; Ord. 95-43-0, 11-8-1995; Ord. 98-44-0, 10-28-1998; Ord. 00-11-0, 4-12-2000; Ord. 01-24-0, 9-27-2001; Ord. 02-06-0, 2-13-2002; Ord. 02-07-0, 2-13-2002; Ord. 04-09-0, 2-11-2004; Ord. 08-63-0, 9-24-2008; Ord. 09-29-0, 7-22-2009; Ord. 14-16-0, 4-23-2014; Ord. 14-19-0, 5-14-2014; Ord. 15-47-0, 10-28-2015; Ord. 17-27-0, 8-23-2017; Ord. 17-39-0, 11-8-2017; Ord. 18-31-0, 7-25-2018; Ord. 19-34-0, 11-13-2019; Ord. 22-09-O, 1-26-2022)
Notes
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