For the purposes of this title, the following terms shall have the following meanings:
ACCESSORY OFF SITE PARKING LOT: A lot of record used for off street vehicle parking or storage that does not abut the lot of record on which the primary use is located. The accessory off site parking lot and the lot on which the primary use is located must be under the same ownership. Such use shall only be utilized for establishments located within the City of Des Plaines. “Accessory off-site parking lot” shall not include any use that is otherwise listed specifically in a zoning district as an allowable conditional use. No signage shall be allowed on an accessory off site parking lot except for a 24-square-foot ground sign identifying the off site primary use. Such sign shall not exceed four feet in height and may be internally illuminated.
ACCESSORY STRUCTURE: A structure which is detached from a principal structure and is located on the same zoning lot and incidental and subordinate to the principal structure. Accessory structures are characterized by having a solid or semi- open roof, and include, but are not limited to, detached garages, carports, pergolas, sheds, greenhouses, and gazebos. Accessory structures may not exceed the height of the principal structure.
ACCESSORY USE: A use which is located on the same zoning lot as a principal use and is incidental and subordinate to the principal use.
ADHERED MASONRY VENEER: Masonry veneer secured and supported through the adhesion of an approved bonding material applied to an approved backing.
ALLEY: A public right-of-way which affords a secondary means of access to abutting property.
ALTERNATIVE TOBACCO ESTABLISHMENTS: An establishment, the principal use or purpose of which is for the retail sales of electronic cigarettes, nicotine and non-nicotine vapor related items, nicotine salts, non-cannabis fragrances, vape machines/pens, and liquid nicotine/e-juice. In terms of primary use, the majority of the floor area of the use and/or sales of all aforementioned items shall constitute this use. “Alternative tobacco establishments” do not include any use otherwise listed specifically in a zoning district as a permitted or conditional use. This definition does not include the uses of any cannabis business establishment. This use shall follow the off-street parking regulation for a retail establishment.
ANCHORED MASONRY VENEER: Masonry veneer secured with approved mechanical fasteners to an approved backing.
ANIMAL CLINIC: A use or structure intended or used primarily for the testing and treatment of animals on an emergency or outpatient basis. Animal clinic shall not include the boarding or training of animals and shall not provide outdoor runs or kennels. "Animal clinic" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or conditional use.
ANIMAL HOSPITAL: A use or structure intended or used primarily for the testing and treatment of the disorders of animals, including the indoor boarding of animals for such purpose, but not the training or grooming of animals. "Animal hospital" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or conditional use.
ANTENNA: An apparatus, freestanding or attached to the exterior of a building, together with any supporting structure, for sending or receiving electromagnetic waves. (See section 12-8-3, "Antenna Regulations", of this title.)
ARBOR: A freestanding, doorway-type structure comprised of two sides attached by an arched or flat top, intended for aesthetic purposes, and typically located adjacent to gardens, landscaping, walkways, or entryways. The height of an arbor is measured from the immediately adjacent finished grade to the highest point of the arbor.
ARTISANAL RETAIL ESTABLISHMENTS: On-site production and/or sale of small goods by hand manufacturing, involving the use of hand tools and small-scale, light mechanical equipment all conducted within a completely enclosed building with no outdoor operations or storage. Typical uses include woodworking and cabinet shops, ceramic studios, stain-glass painting, jewelry manufacturing and similar types of arts and crafts or very light manufacturing uses that have no negative external impacts on surrounding properties. Instructional classes may be an allowable accessory use to the primary use of selling and making small commodities. This land use shall follow the off-street parking requirement of retail establishments unless otherwise stated in this title.
ASSISTED LIVING: A facility for adults in need of some protective oversight or assistance due to functional limitation that provides a living arrangement integrating shelter, food and other supportive services to maintain a functional residential status. "Assisted living" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or conditional use.
AUTO BODY REPAIR: A building, property, or activity the principal use of which is automotive body repair or auto detailing other than those types of repairs permitted at automobile filling stations and auto service repair establishments. "Auto body repair" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or a conditional use.
AUTO FILLING STATION: A building, property, or structure the principal use of which dispenses or offers for retail sale of automotive fuels or oils and incidental convenience goods; having pumps and storage tanks thereon, and where battery, tire and other similar services, are rendered, but only if rendered wholly within lot lines. "Auto filling station" shall not include an auto body repair establishment, car washes, or any use that is otherwise listed specifically in a zoning district as a permitted or a conditional use.
AUTO SERVICE REPAIR: A building, property, or activity the principal use of which is the repair or replacement of parts, oils, coolants, lubricants, tires, and other similar services. "Auto service repair", shall include, but is not limited to, muffler shops, oil change shops, car care centers, tire centers and other uses similar in nature and impact. "Auto service repair" shall not include an auto body repair establishment, car washes, or any use that is otherwise listed specifically in a zoning district as permitted or a conditional use.
AWNING: A rooflike cover, often constructed of fabric, metal, or glass, designed and intended for protection from the weather or decoration, that is installed on a wall or roof of a structure, extends away from the structure, and hangs over a window, door, sidewalk, or area adjacent to the structure.
BALLOON: An inflated nonporous object filled with heated gas or a gas lighter than air.
BASEMENT: That portion of a structure located partly or completely below the established grade.
BED AND BREAKFAST: An owner occupied detached single-family dwelling where short term lodging and morning meals are provided for compensation.
BLOCK: A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, bulkhead lines or shorelines of waterways, or corporate boundary lines of the City of Des Plaines.
BODY ART ESTABLISHMENT: An establishment licensed under the Illinois Department of Public Health that conducts physical body adornment activities, including, but not limited to, the following techniques: body piercing, tattooing, cosmetic tattooing, branding and scarification. 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. “Body art establishment” shall not include any use that is otherwise listed specifically in a zoning district as a permitted or conditional use.
BREWERY: Any class of brewer or craft brewer licensed to manufacture beer under the Illinois Liquor Control Act of 1934, 235 Illinois Compiled Statutes 5/1 et seq. When a brewery is the principal use, it may include one or more of the following uses as accessory uses: a) a tavern; b) a Class A restaurant; and c) an establishment that sells at retail goods, products, and merchandise related to marketing or promoting the brewery or its accessory uses.
BREWPUB: A Class A restaurant or tavern that includes a brewery as an accessory use and that satisfies the definition of "brew pub" set forth in the Illinois Liquor Control Act of 1934, 235 Illinois Compiled Statutes 5/1 et seq. A brewpub may also include, as an accessory use, an establishment that sells at retail goods, products, and merchandise related to marketing or promoting the brewpub.
BRICK: Masonry unit containing calcium silicate, clay, shale, or concrete.
BUILDING: Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind, and which is permanently or temporarily located on the same zoning lot.
BUILDING COVERAGE: The percentage of the surface area of a zoning lot that is occupied by principal buildings and any accessory buildings and structures. All areas of buildings or structures covered by a roof are included in building coverage.
BUILDING, DETACHED: A building surrounded by open space on the same lot.
BUILDING ENVELOPE: The area of a lot remaining after the application of the minimum open space or minimum setback and the minimum height requirements of this title upon which a building or structure may be constructed.
BUILDING HEIGHT: The vertical distance from the mean elevation of the finished lot grade at the front of building to the top of the highest roof beams on a flat or shed roof, the deck level of a mansard roof, and the average distance between the eaves and the ridge level for gable, hip, and gambrel roofs. Excluded elements are mechanical and elevator penthouses, chimneys, air conditioners, church spires and steeples and similar appurtenances. All excluded elements cannot exceed the maximum height of the respective or underlying zoning district by more than twenty five feet (25').
BUILDING LINE: The line established in the subdivision by agreement or otherwise, designating the required distance of the front line of any structure or building from the street line of the street in front of such building or structure, shall be known as the building line.
BUILDING, PRINCIPAL: A nonaccessory building in which a principal use of the lot, on which it is located, is conducted.
BULK: The term used to indicate the size and setbacks of buildings or structures and the 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 buildings.
E .Amount of lot area provided per dwelling unit.
BULLETIN BOARD: A sign used to announce meetings or programs to be held on the premises of a church, school, auditorium, library, museum, community recreation center, or similar noncommercial places of public assembly.
CANNABIS BUSINESS ESTABLISHMENT: An establishment that operates as either a cannabis craft grower, cannabis cultivation center, cannabis dispensary, cannabis infuser, cannabis processor or a combination of two or more of the aforementioned uses.
CANNABIS CRAFT GROWER: A facility licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other similar activities to make cannabis available for sale at an authorized cannabis dispensary or use by a cannabis processor. The maximum allowable size of a cannabis craft grower shall comply with the Illinois Cannabis Regulation and Tax Act.
CANNABIS CULTIVATION CENTER: A facility licensed by the Illinois Department of Agriculture to cultivate, dry, cure, package, transport, and perform other similar activities to provide cannabis and cannibals-infused products to cannabis business establishments.
CANNABIS DISPENSARY: A facility licensed by the Illinois Department of Financial and Professional Regulation that will acquire cannabis from an authorized cannabis cultivation center, cannabis craft grower, cannabis processor or other cannabis dispensaries for the purpose of selling or dispensing cannabis or other related authorized products as permitted by the Illinois Cannabis Regulation and Tax Act or the Illinois Compassionate Use of the Medical Cannabis Program Act. This land use definition shall include registered medical cannabis dispensing organizations that are defined under the Compassionate Use of Medical Cannabis Pilot Program Act.
CANNABIS INFUSER: A facility licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to create a cannabis-infused product.
CANNABIS PROCESSOR: A facility licensed by the Illinois Department of Agriculture to extract constituent chemicals or compounds to produce cannabis concentrate or incorporates cannabis or cannabis concentrate into a product formulation to create a cannabis product.
CANOPY: A rooflike cover that is entirely horizontal and either: a) is installed on a wall of a structure, extends away from the wall on which it is installed, and hangs over a window, door, sidewalk, or area adjacent to the wall; or b) is freestanding and installed over an outdoor service area, such as at a gasoline service station. A marquee is not a canopy.
CAR WASH: A building or portion thereof where facilities for washing, cleaning and detailing automobiles are provided that involve machine or hand operated mechanical devices or equipment. "Car wash" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or a conditional use.
CARPORT: An accessory structure with a permanent roof and three or fewer walls that is generally used for storing motor vehicles, boats, equipment and other items.
CASINO: A facility at which lawful gambling is authorized pursuant to an owner’s license issued by the Illinois gaming board in accordance with the Illinois Gambling Act, 230 ILCS 10/1 et seq.
CENTER, ADULT DAY SERVICE: Any place other than a family home that provides daytime meal services, transportation, health monitoring, personal care, and recreational/therapeutic activities for adults during any part of a day not exceeding thirteen (13) hours in any twenty-four (24) hour period.
CENTER, CHILDCARE: Any place other than a family home in which persons receive childcare services during any part of a day not exceeding thirteen (13) hours in any twenty four (24) hour period.
CHILD HOME CARE: A home occupation where a family home is used to receive not more than eight (8) children for care during any part of the day not exceeding twelve (12) hours in any twenty four (24) hour period. The maximum eight (8) children includes the family's natural or adoptive children under the age of eighteen (18) and those children who are in the home under full time care. (See section 12-8-9, "Child Home Care", of this title.)
COLLEGE/UNIVERSITY: A privately owned or publicly owned institution providing full time or part time education beyond the high school level, including any lodging rooms or housing for students or faculty.
COMMERCIAL INDOOR RECREATION: Public or private recreation facilities, tennis courts, ball courts, racquet courts or other courts, swimming pools, bowling alleys, skating rinks, or similar uses that are enclosed in buildings and are operated on a commercial or membership basis, and primarily for the use of persons who do not reside on the same lot as the recreational use. "Commercial indoor recreation" shall include, but not be limited to, health and fitness clubs or any accessory use, such as snack bars, pro shops, and locker rooms that are designed and intended primarily for the use of patrons of the principal recreational use. "Commercial indoor recreation" shall not include commercial theaters, commercial art galleries, community and recreation centers, or any use that is otherwise listed specifically in a zoning district as permitted or a conditional use.
COMMERCIAL MOBILE RADIO AND WIRELESS TELECOMMUNICATIONS SERVICE FACILITY: An unmanned facility consisting of antennas, equipment, and equipment storage shelter used for the reception, switching, and/or transmission of wireless telecommunications including, but not limited to, paging, enhanced specialized mobile radio, personal communication services, cellular telephone, and similar technologies. A commercial mobile radio service facility may either be freestanding, roof mounted, or building mounted. (See section 12-8-5, "Commercial Mobile Radio and Wireless Telecommunications Service Facilities", of this title.)
COMMERCIAL MOTOR VEHICLE SALES AND LEASING: An establishment, the principal use or purpose of which is the sale or rental of multi- passenger buses and limousines, large trucks, construction or agricultural equipment, aircraft, or similar large vehicles and vehicular equipment. "Commercial motor vehicle sales and leasing" may include accessory car wash, auto detailing, body and service repair areas all of which may only be conducted within the primary building or structure. "Commercial motor vehicle sales and leasing" shall not include any use otherwise listed specifically in a zoning district as a permitted or conditional use. The display of motor vehicles for sale or for lease shall be allowed in all required yards but may not be in conflict with other provisions of this title.
COMMERCIAL OUTDOOR RECREATION: Public or private swimming pools, tennis courts, ball fields, and ball courts that are not enclosed in buildings and are operated on a commercial or membership basis, and primarily for the use of persons who do not reside on the same lot as the recreational use. "Commercial outdoor recreation" shall include any accessory uses, such as snack bars, pro shops, and clubhouses that are designed and intended primarily for the use of patrons of the principal recreational use. "Commercial outdoor recreation" shall not include skateboarding courses, water slides, mechanical rides, go-cart or motorcycle courses, raceways, drag strips, overnight camping, or gun firing ranges, or any use that is otherwise listed specifically in a zoning district as a permitted or a conditional use.
COMMERCIAL PARKING GARAGE: A privately or publicly owned and used structure used for parking or storage of automobiles, generally available to the public and involving payment of a charge for such parking or storage.
COMMERCIAL PARKING LOT: An area reserved or used for parking or storage of automobiles, either privately or publicly owned, and generally available to the public and involving payment of a charge for such parking or storage.
COMMERCIAL SCHOOL: An establishment, the principal use or purpose of which is teaching the skills needed to perform a particular professional job or trade including, but not limited to, schools of construction or building trade, cosmetology, cooking, motor vehicle repair, computer training facilities, vocational schools, administrative business training facilities and similar fields. "Commercial schools" do not include any use otherwise listed specifically in a zoning district as a permitted or conditional use.
COMMERCIAL STORAGE FACILITY: A commercial land use consisting of the rental of fully enclosed interior building space for the storage of personal property (miniwarehouse). An industrial warehouse shall not be considered commercial storage facility. "Commercial storage facility" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or a conditional use.
COMMERCIAL THEATER: A building in which plays, choirs, movies, comedy acts and other dramatic performances are given for payment. Accessory uses that are allowed to take place inside of the building include: concession stands, ancillary bar and restaurant and video arcade areas.
COMMERCIAL TRUCK PARKING LOT: An area reserved or used for parking or storage of commercial trucks, trailers, tractors, and commercial vehicles and involving payment for such parking or storage. A "commercial truck parking lot" does not include an associated on site office or building. "Commercial truck parking lot" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or conditional use.
COMMERCIALLY ZONED ASSEMBLY USES: A use that is primarily for the purpose of the assembly of people, which can contain a combination of uses that take place in both principal and accessory structures. Such uses include: commercial theater, banquet halls, nightclubs, church, synagogue, temple, meeting house, mosque, or other place of worship. For allowable accessory uses, refer to the specific land uses defined in this chapter. Such uses shall adhere to the off street parking requirements under "assembly uses".
COMMUNITY CENTER: A place, structure, area or other facility used for and providing programs, information and services generally open to the public and designed to accommodate and serve significant segments of the community.
CONGREGATE HOUSING: Rental housing which provides a living arrangement of self-contained units that integrate shelter, food service and other services for independent adults who do not require twenty four (24) hour oversight. Services may include meals, laundry, transportation, housekeeping and organized activities which create opportunities for socialization.
CONSUMER LENDER: Any establishment that provides services directly to consumers and that satisfies any one or more of the following criteria: a) requires a license under one or more of the following State Statutes: the Currency Exchange Act, 205 Illinois Compiled Statutes 405/0.1 et seq.; the Sales Finance Agency Act, 205 Illinois Compiled Statutes 660/1 et seq.; the Consumer Installment Loan Act, 205 Illinois Compiled Statutes 670/1 et seq.; or the Payday Loan Reform Act, 815 Illinois Compiled Statutes 122/1 et seq.; b) acts as a facilitator subject to the Tax Refund Anticipation Loan Reform Act, 815 Illinois Compiled Statutes 177/1 et seq.; or c) performs other transactions or services that are determined by the Zoning Administrator to be substantially similar to those regulated by the State Statutes set forth in items a) and b) of this definition. Factors that the Zoning Administrator shall consider to make a determination pursuant to item c) of this definition include, without limitation, the amount of any principal balances involved in a transaction, the manner by which any interest payments are calculated, the number and value of any applicable fees or other charges, the duration of any payment schedules and the distribution of payments therein, and the nature of any collateral.
CONTRACTOR'S STORAGE YARD: Land that is used for the storage of contractor's construction equipment, equipment parts, materials and supplies, and parking of wheeled construction equipment. A "contractor's storage yard" does not include an associated on site office or building. "Contractor's storage yard" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or conditional use.
CONVENIENCE MART FUELING OR CHARGING STATION: A building, property or structure where the direct retail sale of food items such as cereals, grains, produce, baked goods, dairy products, canned and frozen prepared food products, beverages, cleaning supplies, pet food and supplies, household goods, books and magazines, and other sundry items as well as dispensed automotive energy in the form of fuel, electricity, or a combination of both. Oils and auto accessories may also be available to be purchased by the consumer. “Convenience mart fueling or charging station” may also include, as a secondary principal use, a Class B restaurant as defined herein. “Convenience mart fueling and charging station” shall not include auto body repair establishments, auto filling stations, auto service repair, car washes, or any use of other type that is otherwise listed specifically in a zoning district as a permitted or conditional use.
CONVENIENCE RETAIL: A building or portion thereof, generally of small size and character, where the direct retail sale of food items such as meats, cereals, grains, produce, baked goods, dairy products, canned and frozen prepared food products, beverages, cleaning supplies, pet food and supplies, pharmaceuticals, over the counter medicines, personal products, household goods, books and magazines, plants, and other sundry items are available to be purchased by the consumer. "Convenience retail" shall include, but not be limited to, a grocery store, a food and drug store, meat or fish market, fruit and vegetable market, retail bakery, convenience store and other uses similar in nature and impact. "Convenience retail" shall not include a supermarket, grocery mart, or wholesale club store or any use of other type that is otherwise listed specifically in a zoning district as a permitted or conditional use.
DEVELOPMENT REVIEW APPROVAL: Shall consist of site plan review, zoning certificates, conditional use permits, planned unit developments, variations, amendments to the ordinance or map, administrative interpretations, and appeals from administrative determinations as provided in this title.
DISTILLERY: Any class of distiller or craft distiller licensed to manufacture spirits by distillation under the Illinois Liquor Control Act of 1934, 235 Illinois Compiled Statutes 5/1 et seq. When a distillery is the principal use, it may include one or more of the following accessory uses: a) a tavern; b) a Class A restaurant; and c) an establishment that sells at retail goods, products, and merchandise related to marketing or promoting the distillery or its accessory uses.
DISTRIBUTION FACILITY: A building, area, or portion thereof designed to accommodate large scale trucking operations, including local, intrastate, or interstate motor carriers, for the transfer, loading and unloading of goods. "Distribution facility" may include facilities for the temporary storage of loads prior to shipment.
DOMESTIC PET SERVICE: An establishment where the grooming of domestic animals, the accessory sale of miscellaneous domestic pet food and other items, and the temporary boarding of domestic animals is permitted.
DORMITORY: A building or portion thereof that contains living quarters for students, staff, or members of an accredited college, university, boarding school, theological school, hospital, religious order, or comparable organization; provided that said building is owned or managed by said organization and contains not more than one cooking and eating area.
DRIVE-THROUGH FACILITY: An accessory facility, structure or portion thereof that is designed, intended or used for transacting business with customers located in motor vehicles. "Drive-through facility" shall not include an automobile filling station or any use that is otherwise listed specifically in a zoning district as a permitted or a conditional use.
DWELLING: A residential building or portion thereof. "Dwelling" shall not include a hotel, motel, boarding house, rooming house, dormitory, nursing home, or institution.
DWELLING, MULTIPLE-FAMILY: A residential building containing three (3) or more dwelling units, including what is commonly known as an apartment building or condominium, but not including group, row or town houses.
DWELLING, SINGLE-FAMILY DETACHED: A residential building containing not more than one dwelling unit entirely surrounded by open space on the same lot.
DWELLING, TOWNHOUSE (ATTACHED SINGLE-FAMILY): A residential building containing dwelling units, each of which has primary ground floor access to the outside and are attached to each other by party walls without openings.
DWELLING, TWO-FAMILY: A residential building containing two (2) dwelling units entirely surrounded by open space on the same lot.
DWELLING UNIT: A room or group of contiguous rooms that include facilities used or intended to be used for living, sleeping, cooking and eating, and that are arranged, designed or intended for use exclusively as living quarters.
EASEMENT: The right to use or benefit from the land of another, for a restricted purpose, without compensating the owner.
ELECTRIC VEHICLE CHARGING SPACE: A marked parking space in a public or private off-street parking facility that provides for the charging of electric vehicles. Electric vehicle charging spaces may fulfill up to five percent of an off-street parking requirement and may be adjacent to electric vehicle supply equipment. "Electric Vehicle Charging Space" does not include off-street parking directly adjacent to private residential driveways or in private residential garages, where charging technology may also be installed.
ELECTRIC VEHICLE SUPPLY EQUIPMENT: The conductors and charging port connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of delivering electrical energy to a vehicle parked in an electric vehicle charging space.
ERECT: To construct or allow to be constructed, but it shall not include any activity when performed as an incident to the change of advertising message or normal maintenance of a sign or sign structure.
FACE BRICK: A brick unit generally 75/8" x 35/8" x 21/4" in size and masonry veneer made especially for the decorative facing of exterior elevations.
FAMILY:
A. Two (2) or more persons, each related to the other by blood, marriage, or adoption, together with usual domestic servants and not more than one bona fide guest, all living together as a single housekeeping unit and using common kitchen facilities (that is, a related family); or
B. Three (3) or fewer persons, all of whom are not necessarily related to each of the others by blood, marriage, or adoption, all living together as a single housekeeping unit and using common kitchen facilities (that is, an unrelated family). For purposes of this title, however, an unrelated family shall not include persons living together in a residential care home.
FENCE: A structure used as a barrier or boundary to enclose, divide, or screen a piece of land. The term “fence” includes fences, walls, and other structural or artificial barriers that function as a wall or a fence. For the purposes of this Title, the term “fence” does not include arbors, trellises, or naturally growing shrubs, bushes, and other foliage. Fences must be made of wood, vinyl, metal, masonry, or combination thereof. The height of a fence is measured from the immediately adjacent finished grade to the highest point of the fence.
FINANCIAL INSTITUTION: A building, property or activity, the principal use or purpose of which is the provision of financial services, including, but not limited to, banks, credit unions, savings and loan institutions, and mortgage companies. "Financial institution" shall not include consumer lenders or any use or other type of institution that is separately listed as a permitted or conditional use in a zoning district.
FLOOR AREA: The sum of the gross horizontal areas of the several floors of the building, 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.
"Floor area" for purposes of measurement for off street parking spaces shall not include: floor area devoted primarily to storage areas, food preparation areas, bathrooms, mechanical rooms, hallways, stairwells and elevators. Food preparation areas shall not be exempt from food processing establishment uses. No more than 10% of the entire combined floor area may be reduced for rooms devoted primarily to storage areas.
FOOD PROCESSING ESTABLISHMENT: Establishments producing or processing foods and certain related products. Includes: a) bakery products, sugar and confectionery products (except facilities that produce goods only for on site sales with no wider distribution); b) dairy products processing; c) fat and oil products (not including rendering plants); d) fruit and vegetable canning, preserving, and related processing; e) grain mill products and byproducts; f) meat, poultry, and seafood canning, curing, and byproduct processing (not including facilities that also slaughter animals); and g) miscellaneous food preparation from raw products, including catering services that are independent from food stores or restaurants.
FRONTAGE: The length of the property line of any one premises parallel to and along each public right-of-way it borders.
GARAGE, PRIVATE: An accessory building or an accessory portion of the principal building that is intended for and used for storing the privately owned motor vehicles, boats, and trailers of the family or families resident upon the premises, and in which no business, service or industry connected directly or indirectly with motor vehicles, boats and trailers is carried on, nor any other commercial activity not permitted as a home occupation.
GOVERNMENT FACILITY: A building or structure owned and operated by a Municipal, State, Federal, or other taxing body institution in which governmental services are provided or conducted.
GROCERY, RETAIL: A building or portion thereof where the direct retail sale of food items such as meats, cereals, grains, produce, baked goods, dairy products, canned and frozen prepared food products, beverages, cleaning supplies, pet food and supplies, pharmaceuticals, over the counter medicines, personal products, household goods, books and magazines, plants, and other sundry and similar items are available to be purchased by the consumer. "Grocery retail" shall include, but not be limited to, grocery stores, supermarkets, meat or fish markets, fruit and vegetable markets, and other uses similar in nature and impact. "Grocery retail" shall not include any use of other type of establishment that is otherwise listed specifically in a zoning district as a permitted or conditional use.
HISTORICAL MARKER: A type of memorial sign limited in content to the identification of a historical building or structure or the site of a historical event.
HOME OCCUPATION: An accessory use of a dwelling unit that is used for a gainful activity involving the provision, assembly, processing or sale of goods and/or services that is incidental and secondary to the use of a dwelling unit, but excluding the provision of shelter or lodging. (See section 12-8-8, "Home Occupations", of this title.)
HOSPITAL: An institution licensed by State law providing health services and medical or surgical care to patients and injured persons.
HOTEL: A building in which lodging is offered with or without meals principally to transient guests and that provides a common entrance, lobby, halls and stairways.
LEASING/RENTAL AGENTS, EQUIPMENT: An establishment, the principal use or purpose of which is the rental of equipment which includes the following general items: personal hand and power tools, small-scale air compressors, trailers with one thousand nine hundred (1,900) pound capacity or less, lawn and garden equipment residential generators, floor and carpet cleaners, heaters, fans, ladders, painting and wallpaper equipment. “Leasing/rental agents, equipment” shall not include any use otherwise listed specifically in a zoning district as a permitted or conditional use. The display of motor vehicles for lease shall be allowed in all required yards but may not be in conflict with other provisions of this title. This use shall follow the off- street parking regulations for motor vehicle sales and vehicle leasing/rental agent establishments to accommodate employee, guest, and related vehicle parking.
LEASING/RENTAL AGENTS, MOVING VEHICLE: An establishment the principal use or purpose of which, or the secondary principal use or purpose of which, is the leasing or rental of moving vehicles. “Leasing/rental agents, moving vehicle” shall not include any use otherwise listed specifically in a zoning district as a permitted or conditional use. The display of moving vehicles for lease shall be allowed in all required yards but may not be in conflict with other provisions of this title. This use shall follow the off-street parking regulation for automotive sales lots to accommodate employee, guest, and related vehicle parking.
LEASING/RENTAL AGENTS, VEHICLE (NON-MOVING): An establishment the principal use or purpose of which is for the lease or rental of motorized vehicles, including, but not limited to, automobiles, personal trucks, recreational vehicles, snowmobiles, boats, and motorcycles. “Leasing/rental agents, vehicle (non-moving)” shall include accessory car wash and auto detailing, all of which must take place within the primary building or structure. “Leasing/rental agents, vehicle (non-moving)” shall not include any use otherwise listed specifically in a zoning district as a permitted or conditional use. The display of motor vehicles for lease shall be allowed in all required yards but may not be in conflict with other provisions of this title. This use shall follow the off-street parking regulation for automotive sales lots to accommodate employee, guest, and related vehicle parking.
LINEAR FRONTAGE: The front yard and corner side yard abutting a public right-of-way from one side lot line to another.
LIVERY SERVICE: A central facility where any privately-owned transportation vehicle is intended to be used for the transportation of persons. This use includes the activities of distribution, dispatch, storage, loading of fleet vehicles and ancillary commercial offices. This definition includes uses such as private ambulance services; private bus services; limousine services; and taxi services. This definition does not include the uses of commercial truck parking lot; contractor's storage yard and salvage yards. An inherent characteristic of this use is the parking of operable vehicles, which are owned and advertised under the same business entity, which is considered a primary facet of the use; as a primary use, this area is not to be construed as outside storage. This use shall follow the off- street parking regulation for offices to accommodate employee, guest and livery service related vehicle parking.
LOGO: A business trademark or symbol.
LOT: A zoning lot, except as the context shall indicate a lot of record.
LOT AREA: The area of a horizontal plane bounded by the front, side and rear lot lines.
LOT, CORNER: A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding one hundred thirty five degrees (135°).
LOT DEPTH: The mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.
LOT, DOUBLE FRONTAGE: A lot having a pair of opposite lot lines along two (2) more or less parallel public or private streets, and which is not a corner lot. On a "through lot" both street lines shall be deemed front lot lines.
LOT LINE, FRONT: That boundary of a lot which is along an existing or dedicated public street, or where no public street exists, is along a private street or public way; provided, however, when a property contains two (2) property lines that abut a dedicated public street, a private street or public way and the length of the two (2) property lines are within ten percent (10%) difference of each other, the Director of Community and Economic Development or his/her designee shall determine which property line is the front lot line. The front lot line determination for corner lots shall take the location of abutting buildings into consideration when assigning such regulation.
LOT LINE, REAR: That boundary of a lot which is most distant from, and is, or is most nearly, parallel to, the front lot line.
LOT LINE, SIDE: Any boundary of a lot which is not a front lot line or a rear lot line.
LOT OF RECORD: An area of land designated as a lot on a plat of subdivision recorded or registered, pursuant to statute, with the Recorder of Deeds, or an area of land divided and recorded under a metes and bounds description with the Recorder of Deeds.
LOT WIDTH: The mean horizontal distance between the side lot lines of a lot measured within the lot boundaries.
LOT, ZONING: A single tract of land located within a single block, which is developed or built upon as a unit, under single ownership or control. Therefore, a "zoning lot or lots" may or may not coincide with a lot of record.
MANUFACTURING, HEAVY: The assembly, fabrication or processing of goods and materials using processes that ordinarily have greater than minimal impacts on the environment, or that ordinarily have significant impacts on the use and enjoyment of adjacent property in terms of noise, smoke, fumes, visual impact, odors, glare, or health and safety hazards, or that otherwise do not constitute "light manufacturing". Heavy manufacturing generally includes processing and fabrication of large or bulky products made from extracted or raw materials or products involving flammable or explosive materials and processes that require extensive floor areas or land area for the fabrication and/or incidental storage of the products. "Heavy manufacturing" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or conditional use.
MANUFACTURING, LIGHT: The assembly, fabrication or processing of goods and materials using processes that do not create noise, smoke, fumes, odors, glare or health or safety hazards outside of the building or lot where such assembly, fabrication, or processing takes place, where such processes are housed entirely within a building. Light manufacturing generally includes processing and fabrication of finished products predominantly from previously prepared materials and includes processes that do not require extensive floor areas or land areas. "Light manufacturing" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or conditional use.
MANUFACTURING SERVICE ESTABLISHMENT: A building, property, or activity of which the principal use or purpose is the provision of industrial oriented services directly to manufacturing establishments. This term shall include, but will not be limited to, tool shops, machine repair and service shops, blade sharpening shops and similar establishments. "Manufacturing service establishments" shall not include any use or other type of establishment that is otherwise listed specifically in a zoning district as a permitted or conditional use.
MARQUEE: Any fixed hood (other than a canopy or awning) which is supported solely by the building to which it is attached consisting of metal or other incombustible material, and which includes a sign or advertising announcement. (Marquees are prohibited.)
MASONRY: Natural or manufactured building units or materials of clay, shale, concrete, glass, gypsum, stone or other approved units bonded together with or without mortar, grout or other accepted methods of joining.
MASSAGE ESTABLISHMENT: As defined in title 4, chapter 13 of the City Code.
MEDIA BROADCAST STATIONS: A building or portion thereof used for the production and broadcast of media related programming. This term shall include, but will not be limited to, radio and television broadcasting stations and other uses similar in nature and impact.
MEDIA PRINT ESTABLISHMENTS: A building or portion thereof used for the production and distribution of newspapers, periodicals, magazines, journals, or other print media forms. "Media print establishments" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or conditional use.
MEMBERSHIP ORGANIZATION: Lands, buildings, or portions of a premises owned or operated by an organization of professional, business, trade, civic, social, fraternal, political, or religious nature operating on a membership basis and engaged in promoting the interest of their members. "Membership organizations" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or conditional use.
MEMORIAL PLAQUE: A plaque designating names of buildings and/or date of erection and other items such as architect, contractor, or others involved in the building's creation, cut into or attached to a building surface and measuring no more than eight (8) square feet in area.
MOBILE HOME: Any vehicle or similar portable structure used or so constructed as to permit its being used as a conveyance upon the public streets or highways and designed to permit the occupancy thereof as a dwelling for one or more persons.
MOBILE HOME PARK: An area of land upon which two (2) or more occupied mobile homes are harbored for charge and including any building, structure, tent, vehicle, or enclosure used or intended for use as a part of the park. (See subsection 12-7-5B, "Mobile Home Park District", of this title.)
MOBILE HOME PARKING SLIP: An area within a mobile home park designed for the use or occupancy of one mobile home.
MOTEL: An establishment consisting of a group of attached or detached living or sleeping accommodations for transient guests with bathrooms and closet space, located on a single zoning lot and where access to the sleeping accommodations is directly from the outside. 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. "Motel" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or conditional use.
MOTOR VEHICLE SALES: An establishment, the principal use or purpose of which is the sale of motorized vehicles, including, but not limited to, the sale of automobiles, personal trucks, recreation vehicles, snowmobiles, boats, and motorcycles. "Motor vehicle sales" shall include accessory car wash, auto detailing, body and service repair areas all of which must take place within the primary building or structure. "Motor vehicle sales" shall not include "commercial motor vehicle sales" or any use otherwise listed specifically in a zoning district as a permitted or conditional use. The display of motor vehicles for sale shall be allowed in all required yards but may not be in conflict with other provisions of this title.
NIGHTCLUB: An establishment characterized by any or all of the following characteristics: primarily operated in the night and early morning hours; having a capacity of one hundred (100) or more people; which may or may not serve food to patrons; has a disc jockey and/or live entertainment; and has an area(s), permanent or temporary, set aside as a dance floor for the purpose of dancing by the patrons of the establishment.
NONCONFORMING STRUCTURE: A structure lawfully established prior to effective date hereof which renders the structure nonconforming, which does not conform to the requirements of these regulations for the zoning district in which it is located.
NONCONFORMING USE: A use lawfully established prior to and being conducted on the effective date hereof, or amendment thereto which renders the use nonconforming, which does not conform to the requirements of these regulations for the zoning district in which it is located.
NONCONFORMITY: A building, use, structure, lot, or sign which does not meet the minimum requirements of this title.
OFFICE: A use or structure where business or professional activities are conducted and/or business or professional services are made available to the public, including, but not limited to, tax preparation, accounting, architecture, legal services, medical clinics and laboratories, dental laboratories, psychological counseling, real estate and securities brokering, and professional consulting services, but not including drive- through service windows, the cutting and styling of hair, or recreational facilities or amusements. "Office" shall not include any use that is otherwise specifically in a zoning district as a permitted or conditional use.
OFFICE BUILDING, MULTI-TENANT: A permanent building (i) that contains at least three tenants and (ii) at least 67% of which is used by office use businesses. Ancillary uses allowed within an office building include: brewpub, commercial indoor recreation uses, class A and B restaurants and specialty food stores and other uses listed as permitted within the Commercial District Use Matrix in subsection 7.3.k of this title. This land use shall follow the off street parking requirement of office unless otherwise stated in this title.
ORDINANCE: This ordinance and any and all amendments thereto as and when such amendments become effective. Unless the context specifically requires otherwise, all references to this ordinance shall be deemed to refer to any certificate, permit, approval, resolution or ordinance granted or adopted pursuant to this ordinance.
OUTDOOR BULK MATERIAL FACILITY: An establishment used or occupied for the primary purposes of outdoor construction material storage, acceptance and transfer of landscape debris and stone or concrete crushing operations. This definition does not include the uses of warehouse, trade contractors, commercial storage, contractor's storage yard and commercial truck parking lot. "Outdoor bulk material facility" does not include any use otherwise listed specifically in a zoning district as a permitted or conditional use.
PARK:
A tract of land dedicated to, set aside, and maintained for recreational use by the general public and may include, without limitation, active recreation areas such as field game areas, court game areas, crafts, playground apparatus, passive recreation areas, such as turf, trees, and picnicking areas, and/or other facilities, such as swimming pools and recreation centers. Concession sales, indoor and outdoor art, craft, and plant shows, exhibits, and sales, and temporary or seasonal tree sales are considered accessory uses for parks of over five acres in size.
PARKING PAD: An off street parking area adjacent to a driveway which provides parking for a single motor vehicle.
PATIO: A dust-free, impervious hard surface constructed at finished grade, separate from an off-street parking area, driveway or other hard surface, that is designed and intended for outdoor recreational purposes for people and not for the parking or storage of vehicles.
PERFORMANCE STANDARD: A criterion established to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, and glare or heat generated by or inherent in uses of land or buildings. (See chapter 12, "Environmental Performance Standards", of this title.)
PLACES OF WORSHIP: A church, synagogue, temple, meeting house, mosque, or other place of religious worship, including any accessory use of the structure, such as a school, childcare center or dwelling.
PLANNED UNIT DEVELOPMENT: A development occurring on a parcel under single ownership or unified control which is developed as a unit and includes two (2) or more principal buildings or uses, and is processed under the planned development procedure of this title. (See section 12-3-5, "Planned Unit Developments", of this title.)
PREMISES: A contiguous parcel of land with its appurtenances and buildings that functions as a unit. For the purpose of this title, an out parcel along the perimeter of a shopping center or similar multi-tenant use, that contains a freestanding building and a parking area separate from the shopping center as indicated on an approved site plan shall be considered a premises separate from the premises of the shopping center.
PUBLIC HEARING: A meeting conducted pursuant to the provisions of the Illinois Open Meetings Act at which members of the general public must be permitted to give testimony, evidence or opinions relevant to the subject matter.
PUBLIC MEETING: A meeting conducted pursuant to the provisions of the Illinois Open Meetings Act at which members of the general public, as opposed to the applicant for relief and members of the committee, board or commission or officer, have no right (but may be given the opportunity) to offer testimony, evidence or opinions.
PUBLIC TRANSPORTATION CENTER: A building or portion thereof used as a terminus for rail or bus passenger service. This term shall include, but not be limited to, train and bus stations and other uses similar in nature and impact. "Public transportation center" shall not include maintenance barns, rail yards, or any use that is otherwise listed specifically in a zoning district as a permitted or conditional use.
PUBLIC UTILITIES: A building or portion thereof used for providing, monitoring, and housing utilities for public consumption or use. This term shall include, but not be limited to, operations providing water, sewer, gas, public works facilities, and other uses similar in nature and impact. "Public utilities" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or conditional use.
PUBLIC WAY: Any sidewalk, street, alley, highway, or other public thoroughfare.
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.
REAR YARD COVERAGE: The amount of impervious surface as a percentage of the total rear yard area. To determine rear yard coverage for a detached single-family residential property, the area of the rear yard shall be the horizontal distance of the lot taken from the rear-most elevation of the principal building multiplied by the distance from the rear-most elevation of the principal structure to the rear lot line. For irregularly shaped lots, the area of the rear yard shall start from the rear-most elevation of the principal building and cover all areas of the property from this elevation to the rear lot line(s) of the subject property. Any improvement that contains a dust-free hard surface and any building or structure with a roof shall count towards the rear yard coverage; provided, however, that improvements constructed of permeable elements, the design and installation of which have been approved by the Community and Economic Development Director, will not count toward rear yard coverage.
RECREATION CENTER: A place, structure, area or other facility used for and providing recreation programs and facilities generally open to the public and designed to accommodate and serve significant segments of the community. "Recreation center" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or conditional use.
RECREATIONAL EQUIPMENT: A facility, structure, or device, including play houses, swing sets, trampolines, sand boxes, game courts, or other similar features, intended for recreational and athletic use.
RECYCLING CENTER: A structure designed or intended for the depositing or collection of clean, source separated and recyclable papers, glass, metals or plastics, and having mechanical facilities for the processing of such materials. "Recycling center" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or conditional use.
RESEARCH, TESTING AND DEVELOPMENT INDUSTRIES: A building, property, or structure in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the building, property or structure. "Research and development industries" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or conditional use.
RESIDENTIAL CARE HOME: A dwelling unit shared by unrelated persons, exclusive of staff, who require assistance and/or supervision and who reside together in a family type environment as a single housekeeping unit. Residential care home shall not include a home for persons who are currently addicted to alcohol or narcotic drugs or are criminal offenders serving on work release or probationary programs. (See section 12-8-10, "Residential Care Homes", of this title.)
RESIDENTIAL CARE HOME, LARGE: A residential care home for six (6) to ten (10) persons, exclusive of staff, who require assistance and/or supervision and who reside together in a family type environment as a single housekeeping unit.
RESIDENTIAL CARE HOME, SMALL: A residential care home for five (5) or fewer persons, exclusive of staff, who require assistance and/or supervision and who reside together in a family type environment as a single housekeeping unit.
RESIDENTIAL DRIVEWAY: An approved hard surface that allows for a vehicular connection from an off street parking space, including a garage, carport, parking pad, or approved parking area, to a street or alley.
RESIDENTIAL WALKWAY: A dust-free, impervious hard surface constructed at finished grade that connects with and diverges from other dust-free hard surfaces, structures, and other yard features to provide paved pedestrian access on a residential property.
RESIDENTIALLY ZONED ASSEMBLY USES: A use that is primarily for the purpose of the assembly of people for a non-commercial purpose, which can contain a combination of uses that take place in both principal and accessory structures. Such uses include: community center, membership organizations, church, synagogue, temple, meeting house, mosque, or other place of worship. For allowable accessory uses, refer to the specific land uses defined in this chapter. Such uses shall adhere to the off street parking requirements under "assembly uses".
RESTAURANT: An establishment whose principal business is the sale of edible, prepared foodstuffs and/or beverages for consumption on or off the premises. Restaurants are further defined by class as follows:
A. Class A restaurants are those restaurants whose design or principal method of operation includes any two (2) of the following characteristics:
1. Customers are provided with an individual menu, are served their food or beverages by waitstaff, in nondisposable containers, at the same table at which such items are consumed.
2. Cafeteria type operations where foods or beverages are generally consumed within the restaurant building.
3. Carryout service is not the predominant type of service available.
B. Class B restaurants are those restaurants not falling within the classification of Class A and having characteristics of offering food service over a counter or through a drive-through facility, having a limited menu of items already prepared and held for service, or prepared, fried, or grilled quickly, or heated in a microwave oven.
1. Lunchrooms, cafeterias, and coffee shops providing service intended for employees, students, and guests within an educational, office, medical, or industrial building, are not, only for purposes of this definition, considered to be restaurants, but rather uses incidental to the permitted uses.
RETAIL GOODS ESTABLISHMENT: A building, property, or activity, the principal use or purpose of which is, the sale of goods, products, or merchandise directly to the consumer. "Retail goods establishment" shall include, but not be limited to, department stores, hardware stores, apparel stores, art galleries, and other uses similar in nature and impact. "Retail goods establishment" shall not include any use or other type of establishment that is otherwise listed specifically in a zoning district as a permitted or conditional use.
RETAIL SERVICES ESTABLISHMENT: A building, property, or activity, the principal use or purpose of which is the provision of personal services directly to the consumer. The term "retail services establishment" shall include, but not be limited to, barbershops, beauty parlors, laundry and dry cleaning establishments (plant off premises), tailoring shops, shoe repair shops and the like. "Retail services establishment" shall not include any use or other type of establishment that is otherwise listed specifically in a zoning district as a permitted or conditional use.
SALVAGE YARD: An open area where discarded, used, or secondhand materials including motorized vehicles and buses are bought, sold, exchanged, stored, baled, packed, disassembled, or handled including, but not limited to, scrap iron, other metals, paper, rags, rubber tires, auto parts, and glass. All related activities, including accessory activities shall be conducted on the zoning lot. Salvage yard includes wrecking yards, but does not include landfills, waste transfer stations, motor vehicle sales, auto service repair, auto filling station establishments and vehicle storage establishments, or uses carried on entirely within enclosed buildings. In addition, "salvage yard" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or conditional use.
SETBACK: A line establishing the minimum distance required between a building or structure and the front, rear, or side lot lines, as measured from the front, rear, or side lot line.
SHOOTING RANGE, INDOOR: The use of a structure for archery and/or the discharging of firearms for the purposes of target practice, military/law enforcement training, or temporary competitions. An "indoor shooting range" may include accessory firearm sales, subject to the Des Plaines city code regulations relating to firearms dealers.
SHOPPING CENTER: A development in which at least three (3) commercial units are constructed with individual entrances and share improvements such as common walls and a common off-street parking lot. A shopping center typically contains a unified architectural site design and may be located adjacent to one or more outlots for freestanding businesses on separate lots. This land use shall follow the off street parking requirement for shopping center; provided however, commercially zoned assembly uses located within a shopping center shall separately follow the off street parking requirements identified in section 9-7 of this title.
SIGN: Any object, device, or structure, or part thereof, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. Signs do not include the flag or emblem of any nation, state, city, or organization; works of art which in no way identify a product; scoreboards located on athletic fields.
SIGN, AWNING: A sign that is mounted or painted on or attached to an awning. No such sign shall project vertically above or horizontally beyond the physical dimensions of such awning.
SIGN, CANOPY: A sign that is painted on, printed on or attached to a canopy.
SIGN, CONSTRUCTION RELATED AND AVAILABLE SPACE, TEMPORARY: A temporary sign or banner used to identify the name of a specific construction project occurring on the subject lot or to advertise the lease or sale of available commercial or residential space at the property.
SIGN, DIRECTIONAL: An on premises sign designed to guide vehicular and/or pedestrian traffic by using such words as "Entrance", "Exit", "Parking", "One-Way", or similar directional instruction, but not including any advertising message.
SIGN, DIRECTORY: A secondary sign on which the names and locations of occupants or the use of a building or property are identified.
SIGN, DRIVE-THROUGH MENU BOARD: A freestanding or wall sign displaying items or services available at a drive-through facility and located on the same zoning lot of the subject business.
SIGN, ELECTRONIC MESSAGE BOARD:
A. Electronic Message Board: A sign whose informational content can be changed or altered by manual or electric, electromechanical or electronic means.
B. Animated Sign: A sign, or display, manifesting either kinetic or illusionary motion occasioned by natural, manual, mechanical, electrical or other means. This sign type is prohibited.
C. Flashing Sign: An illuminated sign exhibiting a preprogrammed repetitious cyclical interruption of illumination from one or more sources in which the duration of the period of illumination (on phase) is either the same as, or less than, the duration of the period of darkness (off phase), and which the intensity of illumination varies from zero (off) to one hundred percent (100%) (on during the programmed cycle). This sign type is prohibited..
D. Video Display Sign: A sign, or display that utilizes full motion video technology or other electronic means to create the illusion of movement.
SIGN FACE: That part of the sign which is or can be used to identify, to advertise, to communicate information, or for visual representation which attracts the attention of the public for any purpose. The term sign face includes any background or surrounding material, panel, trim or ornamentation, color, and direct or self-illumination that differentiates the sign from the building, structure, backdrop surface or object upon or against which it is placed. The term sign face does not include any portion of the support structure for the sign, provided that no message, symbol, or any of the previously described elements of a sign face is placed on or designated as part of the support structure.
SIGN, GOVERNMENT: Any temporary or permanent sign erected and maintained for any official governmental purpose.
SIGN GRAPHICS: Any lettering, numerals, figures, designs, symbols or other drawings or images used to create a sign.
SIGN HEIGHT: The distance from the mean elevation of the adjacent finished grade to the highest point of a sign as measured from the bottom of finished grade at the base of the sign.
SIGN, IDENTIFICATION: A sign giving the name, trademark or other readily recognized symbol or address, or any combination thereof, of a building, business, development or establishment on the premises where it is located.
SIGN, MARQUEE: A permanent sign structure that projects from the primary building elevation of a commercial theatre over the public sidewalk. The three (3) projecting faces of this structure are each allowed to contain signage.
SIGN, MENU BOARD WALL: A sign box that displays a menu for a class A restaurant, class B restaurant, tavern, brewpub and brewery and hangs on the exterior wall of the subject business. The menu board wall sign area shall not be counted towards the maximum allowable signage.
SIGN, MONUMENT: Any sign, other than a pole sign placed upon or supported by the ground independently of any other structure. The width of the base of a monument sign shall be at least 75% of the width of the sign face to which it is attached.
SIGN, NONCONFORMING: Any sign which was lawfully erected in compliance with applicable regulations of the city of Des Plaines and maintained prior to the effective date hereof, and which fails to conform to all applicable standards and restrictions of this title. (See section 12-11-10 of this title.)
SIGN, POLE: A sign erected and maintained on a freestanding mast or pole and not attached to any building, but not including monument signs. The pole or mast supporting such sign shall not exceed two feet in width per pole or mast unless otherwise directed by a licensed structural engineer.
SIGN, POLITICAL: A sign that advertises a candidate or issue to be voted upon on a definite election day.
SIGN, PORTABLE: Any sign designed to be transported or movable, including, but not limited to:
A. Signs with wheels or with wheels removed;
B. Signs with chassis or support constructed without wheels;
C. Signs designed to be transported by trailer, wheels or boat.
D. Signs painted, mounted or affixed on a motor vehicle or boat or trailer for advertising purposes, parked on or off public right of way or shore, and visible from the public right of way or shore, except signs identifying the related business when the motor vehicle or boat or trailer is being used in the normal day to day operations of that business. (Portable signs are prohibited, except as specifically permitted in sections 12-11-5 and 12-11-6 of this title.)
SIGN, PORTABLE A-FRAME: A portable sign constructed of an A or T frame and is intended to advertise a specific business or businesses in a pedestrian environment.
SIGN, PUBLIC SERVICE: A sign or device displaying only the time, temperature, stock market quotations or civic messages.
SIGN, ROOF: A sign that is mounted or painted on the roof of a building, or that is wholly dependent upon a building for support and that projects above the roof. (Roof signs are prohibited, except as permitted by subsection 12-11-2B of this title.)
SIGN STRUCTURE OR SUPPORT: Any structure that supports or is capable of supporting a sign, including decorative cover.
SIGN, TEMPORARY: A sign, banner, pennant, valance or advertising display constructed of cloth, fabric or other lightweight temporary material with or without a structural frame intended for a limited period of display.
SIGN, VEHICULAR: Signs on parked vehicles or boats or trailers visible from the public right-of-way where the primary purpose of the vehicle or boat or trailer is to advertise a product or to direct people to a business or activity located on the same or nearby property. For the purpose of this title vehicular signs shall not include business logos, identification or advertising on vehicles primarily used for other business purposes. (Vehicular signs are prohibited.)
SIGN, WALL: A flat sign or solid face construction which is placed against a building or other structure and attached to the exterior front, rear or side wall of any building or other structure.
SIGN, WINDOW: A sign that is applied or attached to or suspended from the exterior or interior of a window or located within the interior of a structure so that its message can be read from the exterior of the structure.
SPECIALTY FOOD STORE: A building or portion thereof where the direct retail sale of prepared food items, either for immediate consumption on premises or to carry out, are available. "Specialty food" items include ice cream and frozen yogurt stores, bakery and bagel shops, coffee and tea shops, confectionery and candy shops, and other stores selling similar items. "Specialty food store" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or conditional use.
STORY: That portion of a building included between the surface of any floor and the surface of the floor next above, or if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a story for the purposes of this zoning ordinance when more than one-half (1/2) of such basement height is above the established curb level or above the finished lot grade level at the front of the building where curb level has not been established.
STREET: A public right-of-way which affords a primary means of access to abutting property.
STRUCTURE: Anything constructed or erected, the use of which requires permanent or temporary location on the ground or attachment to something having a permanent or temporary location on the ground.
STUDIOS, ARTIST, DANCE AND MUSIC: Uses that focus on providing education, individual or group instruction or training in music, dance, drama, fine arts, or similar activities. Also includes the working place of painters, sculptors, photographers, or similar artists.
TAVERN: An establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises and where food and snacks may be made available for consumption on the premises.
TEMPORARY CLASSROOM STRUCTURE: A temporary structure that is (i) detached from a principal structure, (ii) located on the same zoning lot as, and is incidental and subordinate to, a public or private elementary, middle, or high school, and (iii) used solely as an educational classroom facility. Temporary classroom structures must comply with the Temporary Uses section of this title.
TRADE CONTRACTOR: A building or portion thereof where building and construction trade services are provided to the public. "Trade contractor" shall include, but will not be limited to, contractor offices, including landscaper's showrooms, construction supplies and storage including plumbing, heating, air conditioning, and building equipment, materials, sales, and other uses similar in nature and impact. "Trade contractor" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or conditional use.
TRANSITIONAL TREATMENT FACILITIES: A facility licensed by the State of Illinois that provides supervision, counseling and therapy through a temporary living arrangement for individuals recovering from addiction to alcohol or narcotic drugs in order to facilitate their transition to independent living. Residents of this facility have been previously screened in another treatment setting and are determined to be sober/drug free but require twenty four (24) hour staff supervision and a peer support structure in order to strengthen their recovery/sobriety. "Transitional treatment facility" shall not include any facility for persons awaiting adjudication by any court of competent jurisdiction or any facility for persons on parole from correctional institutions.
TRELLIS: A freestanding structure with latticework intended primarily to support vines or climbing plants. The height of a trellis is measured from the immediately adjacent finished grade to the highest point of the trellis.
UNIFIED CONTROL: The combination of two (2) 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 of this title applicable to the planned development.
USE: The purpose or activity for which the land, or building thereon, is designed, arranged or intended, or for which it is occupied or maintained, and shall include any manner of performance of such activity with respect to the performance standards of this zoning ordinance.
USE, PRINCIPAL: The primary use of land or buildings as distinguished from a subordinate or accessory use.
USE, SECONDARY PRINCIPAL: A use, subordinate to the primary use, that is established on a lot or structure subsequent to or at the same time as the primary use but which is not accessory to the primary use.
USE, TEMPORARY: A use that is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time. (See section 12-8-11, "Temporary Uses", of this title.)
VEHICLE, COMMERCIAL: Any vehicle operated for the transportation of persons or property in the furtherance of any commercial enterprise, for-hire or not-for-hire. This definition shall not include a commuter van, a vehicle currently being used for ride-sharing, or a recreation vehicle that is not being used commercially.
VEHICLE, MOVING: A motorized vehicle or similar means of transportation used primarily for the purpose of non-commercial moving of personal property from one location to another. Moving vehicles are typically leased and used on a short-term basis and may include but are not limited to box trucks, pick-up trucks, cargo vans, and small trailers.
VEHICLE TOWING ESTABLISHMENTS: A building, property, or activity, the principal use of which is the retrieving or securing of distressed, disabled, abandoned, or illegally parked motorized vehicles. "Vehicle towing establishments" shall not include any use that is otherwise listed specifically in a zoning district as a permitted or conditional use.
WAREHOUSE: A building or portion thereof used for the storage of goods and/or materials. This term shall include, but not be limited to, commercial storage facilities, and other uses similar in nature and impact.
WHOLESALE GOODS ESTABLISHMENT: A building, property, or activity, the use or purpose of which is the sale of goods, products, or merchandise, in bulk quantities to retailers or persons who will in turn sell the goods, products or merchandise directly to the consumer. "Wholesale goods establishment" shall not include any use or other type of establishment that is otherwise listed specifically on a zoning district as a permitted or conditional use.
YARD: An open space on a zoning lot which is unoccupied and unobstructed from its lowest level to the sky. A "yard" extends along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the zoning district in which such zoning lot is located.
YARD, CORNER SIDE: A yard which adjoins a public right-of-way and is not the designated front yard. A corner side yard setback assignment shall extend along the length of such assigned lot line from the front yard setback back to the rear lot line. Note, corner side yards are strictly for corner lots that are located within the R-1, R-2, R- 3 and R-4 zoning districts.
YARD FEATURE:
Objects and features, including gazing balls, bird baths, statues, wishing wells, ornamental lights, and other similar features, intended to be used for aesthetic purposes.
YARD, FRONT: A yard extending along the full length of the front lot line between the assigned side/corner side lot lines. On corner lots, the front lot line shall be the shorter of the two (2) lot lines separating the property from the streets.
YARD, REAR: A yard extending along the full length of the rear lot line between the side lot lines and directly opposite from the front yard.
YARD, SIDE: A yard extending along a side lot line from the front yard to the rear yard. (Ord. Z-8-98, 9-21-1998; amd. Ord. Z-22-01, 12-3-2001; Ord. Z-33-03, 11-17-2003; Ord. Z-2-05, 2-7-2005; Ord. Z-17-05, 7-18-2005; Ord. Z-21-05, 8-15-2005; Ord. Z-35-06, 9-18-2006; Ord. Z-11-07, 3-19-2007; Ord. Z-1-10, 3-15-2010; Ord. Z-12-11, 5-2-2011; Ord. Z-28-11, 9-19-2011; Ord. Z-7-13, 5-20-2013; Ord. Z-3-14, 2-3-2014; Ord. Z-8-14, 4-7-2014; Ord. Z-7-14, 5-5-2014; Ord. Z-13-14, 5-5-2014; Ord. Z-23-14, 10-20-2014; Ord. Z-14-15, 7-6-2015; Ord. Z-6-16, 4-4-2016; Ord. Z-9-16, 6-6-2016; Ord. Z-23-17, 11-6-2017; Ord. Z-10-18, 5-21-2018; Ord. Z-17-18, 6-18-2018; Ord. Z-23-18, 8-20-2018; Ord. Z-28-18, 9-4-2018; Ord. Z-31-18, 10-15-2018; Ord. Z-35-18, 12-3-2018; Ord. Z-36-18, 12-3-2018; Ord. Z-13-19, 6-3-2019; Ord. Z-15-19, 7-1-2019; Ord. Z-17-19, 7-1-2019; Ord. Z-31-19, 12-2-2019; Ord. Z-3-20, 1-6-2020; Ord. Z-4-2020, 1-21-2020; Ord. Z-16-20, 8-3-2020; Ord. Z-22-2020, 9-21-2020; Ord. Z-55-21, 12-6-2021; Ord. Z-3-22, 2-22-2022; Ord. Z-6-22, 4-4-2022; Ord. Z-19-22, 7-18-2022; Ord. Z-20-22, 8-1-2022; Ord. Z-24-22, 8-1-2022; Ord. Z-38-22, 12-29-2022; Ord. Z-40-22, 1-17-2023; Ord. Z-6-23, 4-3-2023; Ord. Z-17-23, 8-21-2023; Ord. Z-27-23, 10-2-2023)