(A) Rules. In the construction of this chapter the rules and definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise.
(1) Words used in the present tense shall include the future.
(2) Words in the singular number include the plural number, and words in the plural number include the singular number.
(3) The phrase “used for” shall include the phrases “arranged for,” “designed for,” “intended for,” maintained for,” and “occupied for.”
(4) The following words indicate that compliance is mandatory: “must,” “shall,” “will,” and “may not.”
(5) The following words indicate compliance is permissible or advisory in nature, and not required: “may” and “should.”
(6) Within a series of provisions, the word “and” indicates that all such provisions apply. With a series of provisions, the word “or” indicates that both a single provision and a combination of provisions may apply.
(7) Unless otherwise expressly stated, a list or series of examples that uses “including” or “such as” or similar wording shall not be construed as exhaustive.
(8) The word “person” shall include a “firm, association, organization, partnership, trust, company or corporation, as well as an individual.”
(9) The masculine gender includes the feminine and neuter.
(10) All measured distances and values shall be to the nearest integral number. If a fraction is 1/2 or more, the integral number next above shall be taken.
(11) All distances, unless otherwise stated, shall be measured horizontally.
(12) The word “lot” shall include the words “plot” and “parcel;” the word “building” includes all other structures or improvements of every kind, regardless of similarity to buildings. The word “building” shall include the word “structure” and shall include all other improvements of every kind, regardless of similarity to a building.
(B) Definitions. The following words and terms shall have the meaning set forth, except where otherwise specifically indicated. Words and terms not defined shall have the meaning indicated by common dictionary definition.
ABANDONMENT. An action to give up one’s rights or interests in property.
ACCESSORY BUILDING OR USE. An ACCESSORY BUILDING OR USE is one which:
(a) Is subordinate of and serves a principal building or principal use;
(b) Is subordinate in area, extent or purpose to the principal building or principal use served;
(c) Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served; and
(d) 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.
ACREAGE. Any tract or parcel of land having an area of 1 acre or more, which has not herefore been subdivided or platted.
ADJACENT. The terms ADJACENT and CONTIGUOUS are used as synonymous terms, and mean lots located with the same street frontage in contact with or touching another parcel of land. Lots across a street right-of-way or alley are not adjacent.
ADULT BUSINESS USE. Any establishment, including but not limited to arcades, bookstores, cabaret, hotel/motel, motion picture theatre, massage parlor, modeling studio, sexual encounter establishment, or store, charging any form of consideration; or a point of transmission or broadcast of video, internet content or other electronic media; at which a substantial portion of the stock-in-trade or business activities are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
ADULT BUSINESS USE, SPECIFIED ANATOMICAL AREA. Includes any of the following:
(a) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
ADULT BUSINESS USE, SPECIFIED SEXUAL ACTIVITIES. Includes any of the following:
(a) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(b) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(c) Masturbation, actual or simulated; or
(d) Excretory functions as part of or in connection with any of the activities (a) through (c).
AGRICULTURE. All the processes of planting, growing, harvesting of crops in the open and the raising and feeding of livestock and poultry; including farming, farm buildings and farm dwellings, apiaries, aviaries, mushroom growing, nurseries, orchards, forestry, dairying, greenhouses and commercial vegetables.
AIRPORT. Any area of land which is used or intended for use for the landing and taking off of aircraft, and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities.
ALLEY. A public or private way, at the rear or side of property, permanently reserved as a means of secondary vehicular access to adjacent property. Frontage on said alley shall not be construed as satisfying the requirements of this chapter related to frontage on a dedicated street.
ALTERATION. Any change in size, shape, character, occupancy or use of a building or structure.
AMUSEMENT ARCADE (GAME ROOM). Any establishment containing mechanical, electronic and/or coin operated amusement devices and/or games operated on the premises for the amusement of the general public as the principal use and/or any business which operates more than 20 amusement devices which are accessory to the principal use.
AMUSEMENT DEVICE. Any machine, game, table or other such device which is designed, intended or used as entertainment and may be operated by the public upon the insertion of a coin or token, or the use of which is made available for any valuable consideration, including, but not limited to devices such as pinball machines, pool tables, video games, electronic games, kiddie rides, mini-theater projection devices, video screens, and all games and operations similar thereto. An AMUSEMENT DEVICE shall not include food, soft drink and cigarette vending machines.
ANIMAL HOSPITAL. Any building or portion thereof designed or used for the care, observation or treatment of domestic animals.
ANTENNA. An antenna device by which radio or electromagnetic waves are transmitted, received, or both.
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. A private bathroom and basic kitchen facilities, i.e., sink, stove and refrigerator permanently installed must always be included for each apartment.
APARTMENT BUILDING. A multiple-family dwelling originally designed and constructed to accommodate 3 or more apartments designed with more than 1 dwelling unit connecting to a common corridor or entranceway, in contrast to single or 2-family dwellings converted for multiple-family use.
AREA, GROSS. The gross area of a parcel or development site is the area in square feet/acres, in fee ownership, excluding all peripheral rights-of-way.
ASSISTED LIVING FACILITY. A facility providing housing and services for a group of persons, typically elderly, which may include provision of meals, housekeeping, and personal care assistance.
AUDITORIUM. A room, hall or building designed for the gathering of people to hear lectures, plays and other presentations.
AUTOMOBILE, BOAT, CAMPER, EQUIPMENT, MANUFACTURED HOME, OR MOTORCYCLE SALES AND SERVICE. The sale of new and used automobiles, trucks, tractors, construction equipment, agricultural equipment, and similar industrial equipment, and other vehicles in operating condition; the storage of such vehicles in operating condition, but not including storage of trucks of more than 5 tons in weight or buses; and the repair and servicing of such vehicles, including body work, painting and motor rebuilding, when conducted within a completely enclosed building.
AUTOMOBILE REPAIR (MINOR). Incidental repairs, replacement of parts and motor service to automobiles, but not including any operation specified under “vehicle 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 automobile repair, but not including major vehicle repairs (as defined).
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 “automobile repair (minor)” or trailers to be displayed and sold on the premises.
AUTOMOBILE WRECKING YARD. Any place where 3 or more motor vehicles, not in running condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof, and including the commercial salvaging of any other goods, articles or merchandise.
AWNING. A roof like cover, temporary in nature, which projects from the wall of a building.
BANKS AND FINANCIAL INSTITUTIONS. Commercial banks, currency exchanges, savings and loan associations, brokerage offices and other similar financial institutions, but not including loan offices, finance companies and pawn shops.
BAR/PUB. An establishment used primarily for the sale or dispensing of liquor by the drink for on-site consumption and where food may be available for consumption on the premises as accessory to the principal use.
BASEMENT. A story partly or wholly underground. Where more than 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 the purposes of height measurement.
BED AND BREAKFAST. An owner-occupied dwelling providing not more than 5 rooms for overnight accommodations to the public and, if so desired, breakfast may be served to the guests thereof. Rental is on a transient basis for a fee.
BEDROOM. Any finished room with a closet other than a living room, dining room, kitchen, family room, bathroom or utility room, for the purpose of this chapter, shall be considered a BEDROOM.
BERM. An earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise.
BEST MANAGEMENT PRACTICE (BMP). A design or practice employed with the primary objective to minimize adverse water quality impacts, preserve beneficial features on-site, avoid downstream erosion and habitat loss, maintain natural base flows and groundwater recharge, prevent increases to downstream flooding, provide multiple uses of drainage and storm water drainage facilities, and/or provide for the economical, safe and aesthetically pleasing drainage system for development.
BLOCK. A tract of land bounded by streets, or in lieu of a street or streets, by public parks, cemeteries, railroad rights-of-way, waterways, or municipal corporate boundary lines.
BOARDING OR ROOMING HOUSE. A building with not more than 5 guest rooms where lodging is provided for compensation pursuant to previous arrangement, but not open on a daily, overnight or per meal basis to transient guest.
BORDER PLANTS/FOUNDATION PLANTINGS. Perennial flowers, shrubs or bushes of various height and diameter used to screen building foundations, appurtenances and property boundaries.
BUFFER. A combination of physical green space and vertical elements, such as plants, berms, fences or walls, the purpose of which is to separate and screen incompatible or dissimilar land uses from each other.
BUILDABLE AREA. The space remaining on a zoning lot after the minimum setback 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 goods.
(b) Any structure with interior areas not normally accessible for human use, such as gas holders, oil tanks, water tanks, grain elevators, coal bunkers, 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 HEIGHT. The vertical distance measured from the finished lot grade at the middle of the front of the building to the highest elevation of the roof in the case of a slant or flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of gable, hip or gambrel roof; provided that where buildings are set back from the street line, the height of the building may be measured from the average elevation for the finished lot grade at the front of the building.
BUILDING (NONCONFORMING). Any lawfully constructed building which on the effective date of this chapter, complies with all the regulations for the zoning district in which the building is located.
BUILDING PERMIT. A permit issued by the village for the construction, alteration, removal or demolition of a building or structure.
BUILDING (PRINCIPAL). A non-accessory building in which the principal use of the zoning lot on which it is located is conducted.
BUILDING SETBACK LINE. The line nearest the front of and across a zoning lot, establishing the minimum setback to be provided between the front line of a building or structure and the street right-of-way line.
BUILDING (TEMPORARY). Any building not permanently affixed to the land.
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) All open spaces allocated to the building;
(d) Amount of lot area per dwelling unit; and
(e) Required parking areas.
BUS LOTS. Any lot or land area used for the storage layover of passenger buses or motor coaches.
BUSINESS. The word BUSINESS or the word COMMERCE when used in this chapter means the engaging in the purchase, sale, barter, or exchange of goods, wares, or merchandise, the provision of services for compensation, or the maintenance or operation of offices, or recreational or amusement enterprises.
BUSINESS AND PROFESSIONAL OFFICE. The office of an engineer, doctor, dentist, attorney, real estate broker, insurance broker, architect, or other similar professional person, and any office used primarily for accounting, correspondence, research, editing or administration.
CALIPER. A circumferential measurement of the tree measured 6 inches above existing grade at the base of the tree for those trees with a caliper of 4 inches or less and 48 inches above existing grade at the base of the tree for those trees with a caliper of above 4 inches.
CAR WASH (AUTOMATIC). A building or portion thereof containing facilities for washing small motor vehicles, using production-line methods with a chain conveyor, blower, steam cleaning device or other mechanical devices.
CAR WASH (SELF-SERVICE). A building or portion thereof containing facilities for washing small motor vehicles, using self-service mechanical devices.
CARGO STORAGE CONTAINER.
(a) A reusable vessel designed without an axle or wheels capable of being:
1. Used in the packing, shipping, movement or transportation of freight, articles, goods or commodities; or
2. Mounted or moved on a rail car and/or being mounted on a chassis, bogie or trailer for movement by truck trailer or loaded on a ship.
(b) CARGO STORAGE CONTAINERS typically have a storage capacity of 1,030 to 2,060 cubic feet.
CELLULAR SERVICE. A telecommunications service that permits customers to use wireless, mobile telephones to connect, via low-power radio transmission sites called cell sites, either to the public switched network or to other mobile cellular phones.
CELLULAR TELECOMMUNICATIONS. A commercial low power mobile radio service licensed by the Federal Communications Commission (FCC) to providers in a specific geographical area in which the radio frequency spectrum is divided into discrete channels which are assigned in groups to geographic cells within a service area and which are capable of being reused in different cells within the service area.
CLINICAL OR MEDICAL HEALTH CENTER. An establishment where licensed doctors 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 drug store) 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 non-profit 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 guest.
COMPOSITE MATERIALS. Natural or manmade materials or combinations of said materials, other than steel, aluminum, or vinyl or other plastic or metal material, in panels or individual units having a long life finish that resembles wood siding, stone, brick, concrete masonry units or concrete tilt wall panels. The COMPOSITE MATERIALS shall be painted, fluted, or exposed aggregate. Other architectural finishes may be approved by the Village Board on a case by case basis if such finishes incorporate the use of striping, accenting, trim, cornices, fenestration, banding or other comparable architectural techniques so as to create an aesthetic appeal similar to the aforementioned architectural finishes. Smooth or un-textured finishes are not acceptable unless painted and maintained.
CONIFERS. Coniferous (evergreen) tree, cone-bearing with year-round green coloration such as pine, spruce, fir, cedar, and the like.
COTTAGE FOOD OPERATION. An operation conducted by a person who produces or packages non-potentially hazardous food in a kitchen located in that person’s primary domestic residence or another appropriately designed and equipped residential or commercial-style kitchen on that property for direct sale by the owner or a family member, stored in the residence or appropriately designed and equipped residential or commercial-style kitchen on that property where the food is made.
COURT (OUTER). An open, unoccupied space opening onto a street, alley or yard.
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 1 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 the CURB LEVEL.
DAY CARE CENTER. A facility, other than within a residential dwelling unit, which exclusively provides supplemental care and supervision, recreation, and/or educational instruction to children or adults during the entire or any portion of the day. Such facilities are regulated by the Illinois Department of Children and Family Services (DCFS).
DAY CARE HOME. A residential dwelling unit that receives more than 3 and up to a maximum of 12 children for less than 24 hours per day. The number counted includes the family’s natural or adopted children and all other persons under the age of 12. Such facilities are regulated by the Illinois Department of Children and Family Services (DCFS).
DECIBEL. A unit of measurement of the intensity (loudness) of sound.
DECIDUOUS. A plant with foliage that is shed annually.
DECK. A structure attached to or closely adjacent to any dwelling unit that is:
(a) Designed and intended for the support of people;
(b) Open to the sky and has no permanent roof; and
(c) Is greater than 50 square feet in area.
DENSITY, GROSS. The total number of dwelling units per gross acre of land determined by dividing the total gross acreage of a site by the minimum lot or dwelling unit size of the appropriate residential district.
DENSITY, NET. The numerical value used as a measurement for the specific intensity of that portion of a development upon which buildings are placed. NET DENSITY is obtained by dividing the total number of dwelling units in a development by the net acreage (gross acreage less acreage devoted to road right-of-way, stormwater retention/detention) within the development, the result of which is the number of dwelling units per net acre of land.
DRIVE-IN OR DRIVE-THROUGH ESTABLISHMENT. Any place of business operated for the sale and purchase of food and other goods, or the rendering of services which facility is designed and equipped so as to allow its patrons to be served or accommodated while remaining in their motor vehicle.
DRIVEWAY. That portion of a lot used to provide access from the street to a place of residence or business and which has been graded and graveled or surfaced with concrete, asphalt, crushed stone, or other hard surface and dustless materials.
DWARF SHRUB. A deciduous or evergreen shrub which has a height of less than 6 feet at maturity.
DWELLING. A building or portion thereof, but not including a house trailer or mobile home, designed or used exclusively for residential occupancy, including 1-family dwelling units, 2-family dwelling units, and multiple-family dwelling units, but not including mobile homes, hotels, boarding, or lodging houses.
DWELLING (1-FAMILY). A dwelling unit designed exclusively for use and occupancy by 1 family.
DWELLING (2-FAMILY). A building designed or altered to provide dwelling units for occupancy by 2 families.
DWELLING (ATTACHED). A dwelling which is joined to another dwelling at 1 or more sides by a party wall or walls.
DWELLING (DETACHED). A dwelling which is entirely surrounded by open space and is not connected to any other dwelling unit by roof, walls or porches.
DWELLING (MULTIPLE-FAMILY). A building or portion thereof, designed or altered for occupancy by 3 or more families living independently of each other.
DWELLING (ROW, PARTY WALL). A row of 2 to 8 attached 1-family, party-wall dwellings, and not more than 2-1/2 stories in height.
DWELLING UNIT. One or more rooms in a residential building, or residential portion of a building, which are arranged, designed, used or intended for use by 1 family, and which includes cooking space and lawful, sanitary facilities reserved for the occupants thereof.
EASEMENT. An authorization or grant by a property owner for the use by another, and for 1 or more specific purposes, of any designated part of the owner property.
EDUCATION INSTITUTION. Public, parochial, charitable or non-profit junior college, college or university, other than trade or business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants, and other incidental facilities for students, teachers and employees.
EFFICIENCY UNIT. A dwelling unit consisting of 1 principal room for living, sleeping and eating, plus facilities for cooking and a complete bath and toilet facilities.
FAMILY. One or more individuals occupying a dwelling unit and living as a single household unit.
FENCE. A structure which is a barrier and is used as a boundary or means of protection or confinement.
FENCE (SOLID). A fence including gates, which conceals from view from adjoining properties, streets or alleys, activities conducted behind it.
FREEWAY. A major highway having no intersections at grade and having fully controlled access, hence “free” from conflicts and interruptions.
FREQUENCY. The number of oscillations per second in a sound wave measuring the pitch of the resulting sound.
FRONT ELEVATION. The entire exterior wall adjoining the front yard of a lot, excluding windows, doors, other building openings and the roof.
FRONTAGE. All the property fronting on 1 side of a street between the nearest intersecting streets or between a street and a right-of-way, waterway or other similar barrier.
GARAGE. Any accessory building or an accessory portion of the principal building which is intended for and used to store vehicles and in which no business, service or industry connected directly or indirectly with the automotive vehicles is carried on.
GARAGE (BUS). Any building used or intended to be used for the storage of 3 or more passenger motor buses, or motor coaches used in public transportation, including school buses.
GLASS WALLS. Shall include glass curtain walls or glass block construction. GLASS CURTAIN WALL shall be defined as an exterior wall which carries no structural loads, and which may consist of the combination of glass or other surfacing material supported in a metal framework.
GOLF COURSE. Public, semi-public, or private grounds over which the game of golf is played, including accessory buildings and land uses incidental thereto.
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 Village Engineer shall establish such STREET GRADE or its equivalent for the purposes of this section.
GROSS FLOOR AREA (for the purpose of determining requirements for off-street parking and off-street loading).
(a) The FLOOR AREA shall mean the sum of the gross horizontal area 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.
(b) However, FLOOR AREA for the purpose of measurement of off-street parking and loading spaces shall not include floor area devoted primarily to storage purposes. The following areas shall not be included for the purpose of measurement of off-street parking or loading spaces:
1. Floor area devoted to off-street parking or loading facilities, including aisles, ramps and maneuvering space; and
2. Basement floor area other than area devoted to retailing or service activities, or the production or processing of goods, or to business or professional offices.
GROUND FLOOR AREA. The lot area covered by a principal building measured at grade from the exterior faces of the exterior walls, but excluding open porches or terraces, garages or carports.
GUEST HOUSE. Living quarters within a detached accessory building located on the same premises with the principal building for use by temporary guests of the occupants of the premises. Such quarters shall have no kitchen facilities nor be rented or otherwise used as a separate dwelling.
HANDICAPPED. Having a physical, mental or emotional impairment which substantially limits 1 or more of such person’s major life activities; a record of having such impairment; or being regarded as having such impairment. The term shall include, but not be limited to: persons who are developmentally or physically disabled, the mentally ill, recovering alcoholics, and those who are suffering from AIDS and other diseases. Such term shall not include current, illegal use of or addiction to a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 U.S.C. § 802)), nor shall it include any person whose residency in the home would constitute a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of others.
HOME KITCHEN OPERATION. A person who produces or packages non-potentially hazardous food in a kitchen of that person’s primary domestic residence for direct sale by the owner or a family member, or for sale by a religious, charitable, or nonprofit organization, stored in the residence where the food is made. The following conditions must be met in order to qualify as a HOME KITCHEN OPERATION:
(a) Monthly gross sales do not exceed $1,000.
(b) The food is not a potentially hazardous baked food, as defined in Section 4 of the Food Handling Regulation Enforcement Act.
(c) A notice is provided to the purchaser that the product was produced in a home kitchen.
HOME OCCUPATION. Any occupation or profession carried on by a member of a family, residing in a dwelling unit as a use that is clearly incidental to the use of the dwelling unit for residential purposes.
HOSPITAL OR SANITARIUM. An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care of individuals suffering from illness, disease, injury, deformity or other abnormal physical conditions.
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, and restaurants and banquet facilities.
JUNK YARD. An open area where waste, scrap metal, or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including auto and building wrecking yards, but excluding similar uses taking place entirely within a completely enclosed building.
KENNEL (COMMERCIAL). Any lot or premises or portion thereof on which more than 4 dogs, cats or other household domestic animals over 4 months of age, are kept, or on which more than 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.
LANDSCAPE SPACE. A portion of any development site not covered by buildings, parking, sidewalks or other paved surfaces.
LANDSCAPING. Any combination of living plants (such as grass, ground cover, shrubs, vines, hedges, or trees) and nonliving landscape material (such as rocks, pebbles, sand, mulch, walls, fences, or decorative paving materials).
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 10 feet in width, 25 feet in length, and 14 feet in height, exclusive of access aisles and maneuvering space.
LOT. Parcel of land legally described as a distinct portion or piece of land of record through the subdivision or platting process.
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 adjacent to two or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is 130 degrees or less.
LOT COVERAGE. The area of a zoning lot occupied by the principal building or buildings, accessory structures, and impervious improvements such as driveways, patios, and sidewalks.
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 FRONTAGE shall be measured at the front setback line.
LOT (INTERIOR). A lot other than a corner or reversed corner lot.
LOT LINE. A line of record bounding a lot which separates one lot from another lot or from a public or private street or any other public space. Also known as a PROPERTY LINE.
LOT LINE (INTERIOR). A side lot line common with another lot.
LOT LINE (SIDE). Lot line other than front or rear lot lines are SIDE LOT LINES.
LOT OF RECORD. An area designated as a lot on a plat or subdivision recorded or a parcel of land with a legally recorded deed in accordance with the Illinois Plat Act as amended.
LOT, REVERSED CORNER. A corner lot, the rear of which is adjacent to the side of another lot, whether across an alley or lot.
LOT (THROUGH). A lot having frontage on 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 boundaries, or the minimum distance between the side lot lines within the buildable area.
LOT, ZONING. A parcel of land, composed of 1 or more recorded lots or a parcel of land described by metes and bounds, that is of sufficient size to meet the minimum district requirements of this chapter and having frontage on an improved public street, and which is designated by its owner or developer as a tract of land to be used, developed, or built upon as a unit, under a single ownership or control. A ZONING LOT may or may not coincide with the definition of a lot of record.
MANUFACTURE. The production or processing of products or commodities for general consumption of the public or for sale to specialized institutions or organizations. Also included is the sub-assembly, fabrication, or processing of parts or components for use in other products or commodities.
MARQUEE OR CANOPY. A rooflike structure of a permanent nature which projects from the wall of a building and may overhang the public way, and is designed and intended to protect pedestrians from adverse weather conditions.
MASONRY CONSTRUCTION. Includes all construction of stone material (including manufactured stone products), brick material, concrete masonry units, or for non-single-family residential concrete panel construction, which is composed of solid, cavity, faced, or veneered-wall construction. The standards for MASONRY CONSTRUCTION types are listed below:
(a) STONE MATERIAL. Masonry construction using stone material may consist of granite, marble, limestone, slate, river rock, and other hard and durable naturally occurring all weather stone. Cut stone, dimensioned stone, and manufactured stone products are acceptable.
(b) BRICK MATERIAL. Brick material used for masonry construction shall be hard fired (kiln fired) clay, calcium silicate (sand/lime), shale or slate material which meets the latest version of ASTM standard C216, Standard Specification for Facing Brick (Slid Masonry Unit Made of Clay or Shale), and shall be severe weather (SW) grade, and Type FBA or FBS or better. No unfired or under-fired brick shall be permitted.
(c) CONCRETE MASONRY UNITS. Concrete masonry units used for masonry construction shall meet the latest version of the following applicable specifications; ASTM C90, Standard Specification for Loadbearing Concrete Masonry Units (hollow and solid); ASTM C129, Standard Specification for Nonloadbearing Units (hollow and solid). Concrete masonry units shall have an indented, hammered, split face finish or other similar architectural finish, integrally colored, subject to approval by the Village Board. Lightweight concrete block not conforming to the foregoing standards or cinder block construction shall not be acceptable as exterior finishes.
(d) CONCRETE PANEL CONSTRUCTION. Concrete finish, pre-cast panel or tilt wall construction shall be painted, fluted, or exposed aggregate. Other architectural concrete finishes may be approved by the Village Board on a case by case basis if such finishes incorporate the use of striping, accenting, trim, cornices, fenestration, banding or other comparable architectural techniques so as to create an aesthetic appeal similar to the aforementioned architectural concrete finishes. Smooth or un-textured concrete finishes are not acceptable unless painted and maintained.
MASSAGE. A system of structured palpation or movement of the soft tissue of the body. The system may include, but is not limited to, techniques such as effleurage or stroking and gliding, petrissage or kneading, tapotement or percussion, friction, vibration, compression, and stretching activities. These techniques may be applied by a licensed massage therapist with or without the aid of lubricants, salt or herbal preparations, hydromassage, thermal massage, or a massage device that mimics or enhances the actions possible by human hands. MASSAGE does not include actions taken by licensed acupuncturists, chiropractors, cosmetologists, estheticians, nail technicians, naprapaths, nurses, occupational therapists, physical therapists, physicians, or podiatrists in a manner consistent with applicable state licensing requirements, their training and the code of ethics of their respective professions.
MASSAGE ESTABLISHMENT. An establishment having a fixed place of business where any person, firm, association, or corporation receives compensation for engaging in or carrying on or permitting to be engaged in or carried on any of the activities constituting a massage.
MASSAGE THERAPIST. A person who is licensed by the Illinois Department of Professional Regulation and administers massages for compensation.
MEDICAL CANNABIS DISTRIBUTION FACILITIES. Shall mean a “cultivation center” or a “medical cannabis dispensing organization” as defined in the Compassionate Use of Medical Cannabis Pilot Program Act (hereinafter the “Compassionate Use Act”).
MICROBREWERY OR BREW PUB. A restaurant-brewery that brews beer primarily for sale in a restaurant and is dispensed directly from the brewery’s storage tanks. Total production capacity shall not exceed 15,000 barrels per calendar year (465,000 gallons). One U.S. barrel is equivalent to 31 gallons.
MICRODISTILLERY. A small-scale artisan manufacturing business that blends, ferments, processes, packages, distributes and serves alcoholic spirits on and off the premises and produces no more than 15,000 gallons per calendar year on-site. The MICRODISTILLERY facility may include an ancillary tasting room and retail component in which guests/customers may sample and purchase the product. Offsite distribution of the alcoholic beverages shall be consistent with state law.
MICROWINERY. Combination retail, wholesale and small-scale artisan manufacturing business that blends, ferments, processes, packages, distributes and serves wine for sale on or off-site, and produces no more than 100,000 gallons per year. The MICROWINERY facility may include an ancillary tasting room and retail component in which guests/customers may sample and purchase the product. Offsite distribution of the vinous beverages shall be consistent with state law.
MOBILE FOOD VENDOR. A self-contained food service operation, located in a readily movable motorized wheeled or towed vehicle, used to store, prepare, display or serve food intended for individual portion service.
MOBILE HOME. A structure designed for permanent habitation and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, from the place of its construction to the location, or subsequent locations, at which it is intended to be a permanent habitation and designed to permit the occupancy thereof as a dwelling place for 1 or more persons.
MOBILE HOME PARK. A parcel or tract of land developed with facilities for locating 2 or more mobile homes provided each mobile home contains a kitchen, flush toilet, and shower or bath and that such MOBILE HOME PARK shall be for the use only by non-transient dwellers remaining continuously for more than 6 months, whether or not a change is made. It shall not include a sales lot in which motor vehicles or unoccupied trailers are parked for the purpose of inspection or sale.
MODULAR HOME. A building assembly or system of building sub-assemblies, designed for habitation as a dwelling for 1 or more persons, including the necessary electrical, plumbing, heating, ventilating, and other service systems, which is of closed or open construction and which is made or assembled by a manufacturer, on or off the building site, for installation or assembly and installation on the building site, with a permanent foundation as approved by the building code.
MOVING CONTAINER. A portable, weather resistant receptacle used for the temporary storage of household goods; building materials or merchandise. MOVING CONTAINERS have a storage capacity of 1,024 cubic feet or less.
MULTI-FAMILY STRUCTURES. Residential buildings with 3 or more residential units including, but not limited to, apartment buildings, townhomes, and condominiums.
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.
NET SITE AREA. The area of a zoning lot, parcel or tract, excluding boundary rights-of-way.
NONCONFORMING LOT. A lot that lawfully existed prior to the enactment of the requirements of this chapter, but which does not meet the minimum lot size or lot width requirements of the zoning district in which it is located.
NONCONFORMING USE. Any building, structure, or land lawfully occupied by a use which was lawfully established at the time of the adoption of this chapter, or amendments thereto, and which does not conform after the effective date of this chapter, or amendments thereto, with the use regulations of this chapter. Said use shall be an active and actual use of the land and/or buildings which existed prior to the effective date of this chapter.
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.
OCCUPANCY CERTIFICATE. A certificate issued by the Building Inspector stating the occupancy and use of land or a building or structure referred to therein complies with the provisions of this chapter.
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, A.S.A. No. 244, 3-1944).
OPEN SALES LOT. A lot or parcel of land used or occupied for the purpose of outdoor buying, selling, or trading of goods and commodities and including the storage of same prior to sale or exchange.
ORDINANCE. Reference to ORDINANCE or THIS CHAPTER shall be construed as the Diamond Zoning Ordinance.
ORNAMENTAL TREES. Deciduous trees generally smaller in stature than shade trees and ranging in size up to 25 feet.
OUTDOOR SALES AND DINING (SEASONAL). Temporary outdoor retail operations or displays of plants, fruits and vegetables that are sold during a specific season, including such items as Christmas trees, pumpkins, watermelons, sweet corn, and budding plants. Also, outdoor dining when associated with a restaurant.
OUTDOOR STORAGE. The keeping, in an unenclosed area, of any goods, equipment, junk, material, merchandise, or vehicles in the same place for more than 24 hours.
PARKING AREA. An open, hard-surfaced area, other than a street or public way, intended to be used for the storage motor vehicles under 1-1/2 tons capacity, whether for compensation, free or as an accommodation to clients or customers.
PARKING SPACE (AUTOMOBILE). Space within a public or private parking area of not less than 162 square feet (9 feet by 18 feet), exclusive of access drives, or aisles, ramps, columns or office and work areas, for the storage of 1 passenger automobile or commercial vehicle under 1-1/2 tons capacity.
PARKWAY. That portion of the village-owned property between the curb line, shoulder line, traveled portion of the roadway or alley and the private property line.
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 noises, 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.
PERSONAL WIRELESS SERVICE. Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.
PERSONAL WIRELESS SERVICE FACILITIES. Facilities for the provision of personal wireless services.
PLANNING AND ZONING COMMISSION. The Planning and Zoning Commission of the Village of Diamond, as constituted by this chapter.
PLANNED UNIT DEVELOPMENT. A development approved in accordance with the planned unit development procedures of §§ 151.245 - 151.249, Planned Unit Developments, or the planned unit development procedures in effect at the time the development was approved.
PORCH. A roofed-over structure, projecting out from the wall or walls of a main structure and partially open to the weather.
PRINCIPAL USE. The main use of land or buildings as distinguished from a subordinate or accessory use.
PUBLIC OPEN SPACE. Any publicly-owned open area, including but not limited to the following: parks, playgrounds, forest preserves, beaches, and waterways.
PUBLIC UTILITY. Any person, firm, corporation or municipal department, duly authorized to furnish under public regulation to the public, electricity, gas, steam, telephone, cable television, internet, transportation, water or sewer.
PUBLIC WAY. Any sidewalk, street, alley, highway, or other public thoroughfare.
REPLACEMENT VALUE. Three times the assessed valuation of the improvement (based on information obtained from the Grundy or Will County Assessor). When assessed valuation data is not available, REPLACEMENT VALUE shall be determined by an insurance adjuster. If the property is not insured and assessed value information is not available, the average quotes from a minimum of 2 general contractors shall be used.
RESTAURANT. Any land, building or part thereof, other than a boarding house, where meals are provided for compensation, including a café, cafeteria, coffee shop, lunch room, drive-in stand, tearoom and dining room, and including the serving of alcoholic beverages when served with and incidental to the serving of meals.
RIGHT-OF-WAY. A strip of land, typically dedicated to the public, and occupied or intended to be occupied by a street, railroad, or utility transmission line.
ROADSIDE STAND. A building used or intended to be used solely by the owner or tenant of the farm on which such building is located, for the sale of the farm products raised on said farm.
SANITARY LAND FILL. A method of disposing of solid fill by spreading and covering with earth to a depth of 2 feet on the top surface and 1 foot on the sides of the bank.
SHADE TREES. Deciduous (hardwood) tree having a mature height of 25 feet or greater and having a broad spread of branches with leaves providing shade during summer months and shedding leaves each autumn.
SMALL WIND ENERGY SYSTEM (SWES). Equipment that converts and then stores or transfers energy from the wind into useable forms of energy. This equipment includes any base, blade, foundation, generator, rotor, tower, transformer, vane, wire, inverter, batteries, or other component used in the system. Such systems shall have a nameplate capacity of 100 kilowatts or less.
SOLAR ENERGY DEVICE. Equipment that converts and then stores or transfers energy from the sun into useable forms of energy.
SWIMMING POOL. Any structure, basin, chamber, or tank containing an artificial body of water for swimming or wading, having a depth of 2 feet or more at any point, including but not limited to inflatable pools.
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.
TOWNHOME. Three or more dwelling units that are attached by vertical party walls (i.e., side-by-side, not stacked).
TOXIC MATERIALS. A substance (liquid, solid or gaseous) which, by reason of an inherent deleterious property, tends to destroy life or impair health.
TRUCK PARKING AREA OR YARD. Any land used or intended to be used for the storage parking of trucks, trailers, tractors and including commercial vehicles, while not loading or unloading, which exceeds 1-1/2 tons in capacity.
USE. The purpose for which land or a building is designed, arranged or intended, or for which it is occupied or maintained, let or leased.
VARIANCE. Permission to depart from the terms of this chapter where such departure will not be contrary to the public interest and where, owing to conditions peculiar to the property a literal enforcement of this chapter would result in unnecessary and undue hardship.
VEHICLE 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.
VEHICULAR USE AREAS. All areas subject to vehicular traffic including, but not limited to, access ways, driveways, loading areas, service areas, and parking stalls for all types of vehicles. This definition shall not apply to covered parking structures or underground parking lots.
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 side lot lines.
YARD (REAR). A yard extending along the full length of the rear lot line between side lot lines.
YARD (SIDE). A yard extending along a side lot line from the front yard to the rear yard.
ZONING ADMINISTRATOR. Wherever the term ZONING ADMINISTRATOR is used it shall mean the Zoning Administrator appointed by the Mayor and Village Board and such deputies, assistants or consultants as have been or shall be duly appointed. That officer is hereby authorized and it is his or her duty to administer and enforce the provisions of this chapter, 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 or her to judge compliance with this chapter.
ZONING LOT. A single tract of land 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. The map incorporated herein as a part hereof, designating zoning districts.
(Ord. 2015-08, §§ 2.01, 2.02, passed 6-23-2015)