§ 157.003 RULES AND DEFINITIONS.

(5) Whenever a word or term defined hereinafter appears in the text of this chapter, its meaning shall be constructed as set forth in the definition thereof, and any word appearing in parenthesis between a word and its definition herein shall be constructed in the same sense as that word.

(6) All measured distances, expressed in feet, shall be to the nearest integral foot; if a fraction is one-half foot or more, the integral foot next above shall be taken.

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

ACCESSORY BUILDING. A subordinate building or a portion of a principal building, the use of which is incidental and customary to that of the principal building. When an accessory building is attached to and made a part of the principal building, the accessory building shall comply in all respects with the requirements of this chapter applicable to the principal building. An accessory building, unless attached to and made a part of the principal building, as above provided for, shall not be closer than ten feet to the principal building.

ACCESSORY COMMERCIAL OPERATIONS YARD. An establishment with an outdoor or only partially enclosed area utilized for the storage of motor vehicles, equipment, or materials necessary for and incidental and accessory to an authorized principal use located elsewhere within the village limits of the Village of East Dundee. Accessory commercial operations yards shall not include junk yards or vehicle recycling, disassembly or salvage operations.

ACCESSORY USE. A subordinate use which is clearly and customarily incident to the principal use of a building or premises and which is located on the same lot as the principal building or use, except for the accessory parking facilities as are specifically authorized to locate elsewhere.

ADDITION. The increasing of the cubic contents of a building or the increasing of its ground area.

ADULT USES. Adult uses are defined to include:

(a) ADULT BOOKSTORE. An establishment having, as a substantial portion of its stock in trade, books, magazines, films or videotapes for sale or viewing on the premises by use of motion picture devices or other coin-operated means, and other periodicals which are distinguished by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as such terms are defined in this section, or an establishment with a segment or section devoted to the sale or display of such material. Adult bookstores may alternatively or in conjunction with the above stock in trade sell undergarments and other clothing designed for the display of specified anatomical areas or for the enhancement of specified sexual activities. Further, an adult bookstore may alternatively or in conjunction with the above stock in trade sell prosthetic devices, dolls, candles, vibrators and other objects for sexual gratification which take the form of specified anatomical areas and for the purpose of enhancing specified sexual activities.

(b) ADULT ENTERTAINMENT CABARET. An establishment offering to its patrons, as entertainment, any exhibition or display or any theatrical or other live performances which include topless or go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers, or any persons singing, reading, posing, modeling, or serving food or beverages, where the exhibition, performance, display or dance is intended to sexually arouse the entertainer or the patrons, or where the attire of persons involved is such as to expose specified anatomical areas, as defined in this section.

(c) ADULT MOTION PICTURE THEATER. An enclosed building, regardless of its seating capacity, which is used to present for public view on the premises, films, movies, previews, trailers or advertisements which are distinguished by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section.

(d) ADULT USE. Includes any store which sells any of the following items:

1. Marijuana or hashish pipes. A pipe characterized by a bowl which is so small that the primary purpose of which is the smoking of marijuana, rather than the lawful smoking of tobacco, and which may or may not be equipped with a screen.

2. Separation gins and sifters which may be used in removing twigs and seeds, or otherwise cleaning or refining marijuana.

3. Water pipes.

4. Smoking and carburetion masks.

5. Roach clips - meaning objects used to hold burning material such as marijuana cigarettes that have become too small or too short to hold in the hand.

6. Chamber pipes.

7. Bongs.

8. Ice pipes or chillers.

9. Electric pipes.

10. Air-drawn pipes.

11. Rolling papers.

12. Any other device constituting drug paraphernalia as defined in the Drug Paraphernalia Control Act, ILCS Ch. 720, Act 600, §§ 2 et seq.

AIRCRAFT. Any contrivance, now known or hereafter invented for use in or designed for navigation of or flight in the air.

AIRPORT or LANDING STRIP HELIPORT OR HELISTOP. Any premises which are used or intended for use for the landing and take-off of aircraft; and any appurtenant areas which are used or intended for use for airport buildings or other airport buildings and structures located thereon.

ALLEY. A right-of-way with a width not exceeding 24 feet which affords a secondary means of access to abutting property.

ANIMAL HOSPITAL. Any building or portion thereof designed or used for the care, observation or treatment of domestic animals.

ANTENNA. Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including, but not limited to directional antennas, such as panels, micro-wave dishes and satellite dishes and omni-directional antennas, such as whip antennas.

APARTMENTS. See DWELLING, MULTIPLE FAMILY.

ARCHITECTURAL DRAWINGS. A geometrical representation of a building in plan, elevation, section or perspective; the process of making such a representation.

AUTOMOBILE LAUNDRY. Any building or portion thereof where automobiles are washed using a conveyor, blower, steam-cleaning equipment or other mechanical device of production line nature.

AUTOMOBILE SERVICE STATION. Any building or premises used for dispensing, sale or offering for sale, at retail, any automotive fuel or oils, having pumps and storage tanks; also, where battery, tire and other similar services are rendered when located wholly within lot lines. Where the dispensing, sale or offering for sale any fuels or oils is incidental to the conduct of a public garage, the premises shall be classified as a “public garage.” The term does not include automobile or trailer sales lots, new or used, on which vehicles are parked for purposes of inspection and sale.

AUTOMOBILE WRECKING YARD. Any area of land where three or more motor vehicles not in running condition, or the parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for the wrecking or storing of the automobiles or parts thereof.

AWNING. A roof-like cover, temporary in nature, which projects from the wall of a building and which may overhang a street.

BASEMENT. A portion of a building located partly underground, but having less than half its clear floor-to-ceiling height below the average grade of the adjoining ground.

BLOCK. A tract of land bounded by streets or by a combination of one or more streets and public parks, cemeteries, railroad rights-of-way, bulkhead lines or shore lines of waterways or corporate boundary lines.

BOARDING HOUSE, LODGING HOUSE, ROOMING HOUSE or TOURIST HOME. A building in which is carried on the business of providing food or lodging for three or more persons, but not more than 20 persons, who are not members of the family of the owner or of the tenant of the premises where the food or lodging is served, and only to such persons as may make contractual arrangements and not to the general public.

BODIES OF WATER. Waters of the United States, waters of the State of Illinois, wetlands, floodplains and such areas as may be defined under federal, state, county or local law or regulation. Excluded: any man-made drainageways and stormwater retention or detention facilities.

BREW PUB. A brewery that brews beer only on the premises for sales to distributors and non-licensees only for consumption, stores beer on the premises, and is allowed sales for on and off premises consumption. The BREW PUB may have but is not required to have food service. Total sales for off-premises consumption shall not exceed 155,000 gallons per calendar year. A BREW PUB shall include a premises described as a microbrewery or nano-brewery.

BUFFER YARD. A landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another.

BUILDABLE AREA FOR THE PURPOSE OF MEASURING LOT WIDTH. The first 30 feet of lot depth immediately in back of the front yard setback line.

BUILDING. Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of any person, animal or chattel. When any portion thereof is completely separated from every other portion by a party wall, then the portion shall be deemed to be a separate building.

BUILDING COVERAGE. Determined by dividing that area of a lot which is occupied or covered by the total horizontal projected surface of all buildings, including covered porches and accessory buildings, by the gross area of that lot. (See illustration A)

BUILDINGS, ACCESSORY. A subordinate building or portion of a principal building, the use of which is incidental to that of the principal building and the customary in connection with that use.

BUILDINGS, COMPLETELY ENCLOSED. A building separated on all sides from the adjacent open space or from other buildings or structures by a permanent roof and party walls and by exterior walls pierced only by windows and normal entrance or exit doors.

BUILDINGS, DETACHED. A principal building surrounded by open space on the same lot.

BUILDINGS, PRINCIPAL. A non-accessory building in which is conducted the principal use of the lot on which it is located.

BUILDINGS, RESIDENTIAL. A building arranged, designed, used or intended for to be used for residential occupancy by one or more families. RESIDENTIAL BUILDINGS include, but are not limited to the following the following types:

(a) Single-family detached dwelling;

(b) Two-family dwellings; and

BUILDINGS, TEMPORARY. Any building not designed to be permanently located in the place where it is or where it is intended to be placed or affixed.

BUILDING HEIGHT. The vertical distance measured from the established curb level or existing terrain, whichever is higher, to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs. Chimneys, elevator penthouses, cooling towers and similar structures or mechanical enclosures and antenna or towers less than 15 feet in height, other than signs, shall not be included in calculating BUILDING HEIGHT.

BULK. A composite characteristic of a given building as located upon a given lot, not definable as a single quantity, but involving all of the following characteristics:

(a) Size and height of building;

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

(d) All open spaces allocated to the building; and

(e) The amount of lot area provided per dwelling unit.

BUSINESS. An occupation, employment or enterprise which occupies time, attention, labor and materials or wherein merchandise is exhibited or sold, or where services are offered.

CELLAR. The portion of a building located partly or wholly underground and having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground. In dwellings, it shall not be used for the purposes of sleeping or the preparation of food, except for single-family residences.

CLUB OR LODGE, PRIVATE. A non-profit association of persons who are bona-fide members paying dues which owns, hires or leases a building or portion thereof, the use of the premises being restricted to members and their guests.

COMMERCIAL SPORTS AND ENTERTAINMENT ESTABLISHMENT, INDOOR. A fully enclosed facility with a capacity of 100 or more people, with or without seating for spectators, the primary purpose of which is providing accommodations for a fee for a variety of individual or organized sports, recreation, and competition activities as well as a variety of sales or entertainment events, either passive or active, for the pleasure of the patrons including performances, exhibitions, educational programs, religious services, flea markets, collector shows, and other forms of public gathering. This use includes accessory food services facilities but does not include adult uses as defined in Chapter 117 of this code, or any of the regulated activities included within said chapter.

COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES. Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging and similar services that are marketed to the general public.

COMMON OPEN SPACE. Common open space pertains to the land within a PUD that is devoid of buildings and other structures, other than recreational and pedestrian facilities and uses accessory thereto, and is suitable for active and passive recreational activities. COMMON OPEN SPACE specifically excludes parking lots, street rights-of-way, required front, rear, and side yard setback areas if buildings and lots are subdivided and individually owned, school sites, and retention ponds, unless they are capable of sustaining water-based recreation.

(a) ACTIVE OPEN SPACE. An appropriately-sized and usable open space area, a minimum of 125 feet wide, capable of comfortably supporting one or more active recreational activities, such as playgrounds, ball fields, tennis courts, swimming pools, recreation buildings, jogging trails/fitness courses, detention basins designed for recreational use, and other miscellaneous recreational activities.

(b) PASSIVE OPEN SPACE. Open space a minimum of 50 feet wide that is incapable of comfortably supporting active recreational activities due to its size, soil conditions, steep slope or substantial vegetation, or special or endangered wildlife or plant habitats. If not meeting these conditions the open space is planned for passive use such as paths and picnic areas.

CONFORMING BUILDING OR STRUCTURE. Any building or structure which:

(a) Complies with all regulations of this chapter or of any amendments hereto governing bulk of the zoning district in which the building or structure is located; or

(b) Is designed or intended for a permitted or special use as applicable in the district in which it is located.

COURT, HEIGHT. The vertical distance from the lowest level of a court to the mean height of its bounding walls.

COURT, INNER. An open, uncovered, unoccupied space surrounded on all sides by walls or by walls and an interior lot line. The latter is also a LOT LINE COURT.

COURT, LENGTH OF OUTER. The mean horizontal distance between the open and closed ends of an outer court.

COURT, OUTER. An open, uncovered, unoccupied space other than a yard on the same lot with a building extending directly to and having at least one side thereof opening for its full width upon a street, alley or other permanent public open space.

CURB LEVEL. The level of the established curb in front of a building or structure measured at the center of the front. Where no curb level has been established, it shall be deemed to be the established level of the center line of the street surface in front of a building or structure measured at the center line of the front.

DECIBEL. A unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure the intensity of sound are calibrated in decibels.

DENSITY. A measure of land use intensity for residential developments stated in numbers of dwelling units per acre of land.

(a) GROSS DENSITY. The total number of dwelling units per gross acre of land, determined by dividing the total gross acreage of the site by the minimum lot or dwelling unit size of the appropriate residential district.

(b) NET DENSITY. The total number of dwelling units per net acre of land determined by dividing the calculated net acreage of the site by the minimum lot or dwelling unit size of the appropriate residential district.

DISTRICT. Sections of the village for which the regulations governing the height, the area or the use of buildings and premises are the same.

DRIVE-IN ESTABLISHMENT. An establishment or part thereof in which is provided facilities to serve or consume commodities, or both, which is intended to occur primarily in patron’s automobiles parked on the premises.

DUPLEX. A building containing two dwelling units, each of which typically has access to the outside or to a common hall, no unit is located over the other, and each is separated from the other by one or more common fire resistant walls.

DWELLING. A building, or portion thereof, designed or used exclusively for residential occupancy, including one-family dwellings, two-family dwellings and multiple-family dwellings, but not including hotels, motels, boarding or rooming houses, tourist homes and trailers, with or without wheels.

DWELLINGS, ATTACHED or GROUP, ROW AND TOWNHOUSES. A dwelling which is joined to other dwellings at both sides by party walls, as one of a series of not more than six dwellings arranged in a row including the semi-detached dwellings at the ends and not more than two stories in height.

DWELLINGS, DETACHED. A dwelling which is entirely surrounded by open space on the same lot.

DWELLINGS, MULTIPLE-FAMILY. A dwelling containing three or more dwelling units.

DWELLINGS, SEMI-DETACHED. A dwelling which is joined to another dwelling at one side only by a party wall.

DWELLINGS, SINGLE-FAMILY. A detached building designed for and intended to be occupied as a residence by only one family and servants.

DWELLINGS, TWO-FAMILY. A dwelling designed for or occupied exclusively by two families living in separate housekeeping units, where each dwelling unit is detached and not semi-detached.

DWELLINGS, TWO-FAMILY DUPLEX. A dwelling designed for or occupied exclusively by two families living in separate housekeeping units, the two dwelling units being semi-detached.

DWELLING UNIT. A group of rooms constituting all or part of a dwelling, being a residential accommodation, including complete kitchen facilities, permanently installed, which are arranged, designed, used or intended for use exclusively as living quarters for one family and not for more than an aggregate of two roomers or boarders. Where a private garage is structurally attached, it shall be considered as a part of the building in which the dwelling unit is located.

EFFECT OR SEPARATE ENTRANCE. Any dwelling wherein there is provided means of ingress and egress separate from those provided for the first floor shall be considered a two-family or multiple-family dwelling.

EFFICIENCY UNIT or STUDIO APARTMENT. A dwelling unit consisting of one principal room together with bathroom, kitchen, hallway and closets, and may contain a dining alcove directly off the principal room, provided such dining alcove does not exceed 125 square feet in area.

ELECTRIC DISTRIBUTION CENTER. A terminal at which electric energy is received from the transmission system and is delivered to the distribution system only.

ELECTRIC SUBSTATION. A terminal at which electrical energy is received from the transmission system and is delivered to other elements of the transmission system and, generally, to the local distribution system.

ESTABLISHMENT OF USE. Whenever reference is made to the establishment of a use or by other words to the same effect, the language shall refer either to the creation of a new use or to the alteration or modification of an existing use.

FAMILY. One or more persons each related to the other by blood, marriage or legal adoption, or a group of not more than three persons not all so related, together with his, her or their domestic servants, maintaining a common household in a dwelling unit. A FAMILY may include two roomers, boarders or permanent guests, whether or not gratuitous.

FARM. An area which is used for the growing of the usual farm products such as vegetables, fruits, trees and grain, and their storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals for the use or consumption of the person or persons operating the farm. The term FARMING includes the operating of such an area for one or more of the above uses, including the necessary accessory uses for treating or storing the produce; provided, however, that the operation of the accessory uses shall be secondary to that of the normal farming activities; and provided further, that fuming does not include the feeding of garbage or offal to swine or other animals.

FENCE. A structure which is a barrier and used as a boundary or means of protection or confinement.

FENCE, OPEN. A fence, including entrance and exit gates, designed and constructed so that the surface area of any segment of the fence contains at least 50% open spaces, as compared with solid materials.

FENCE, SOLID. A fence, including solid entrance and exit gates, which conceals from viewers in or on adjoining properties and streets, materials stored and operations conducted behind it.

FILLING STATION. Any building or premises used for the dispensing, sale or offering for sale at retail of any automotive fuels or oils. When the dispensing, sale or offering for sale is incidental to the conduct of a public garage, the premises are classified as a “public garage.”

FIREARM. Any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas, excluding, however:

(a) Any pneumatic gun, spring gun, paint ball or B-B gun which either expels a single globular projectile not exceeding eighteen one-hundredths in diameter or breakable paint balls containing washable marking colors;

(b) Any device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission;

(d) An antique firearm (other than an assault weapon) which although designed as a weapon, the Department of State Police finds by reasons of the date of its manufacture, value, design, or other characteristic is primarily a collector's item and is not likely to be used as a weapon.

FLOOD BASE ELEVATION. See Chapter 152 of this code of ordinances.

FLOOD PLAIN. See Chapter 152 of this code of ordinances.

FLOOD RESERVOIR. A ponding area created for the purpose of impounding flood waters and alleviating any flood damage which might result from man-made fills.

FLOOR AREA.

(a) For the purpose of determining the floor area ratio, conversions of existing structures and maximum size of businesses and establishments. The sum of the horizontal area of the floor space contained in all floors, including a basement floor, but not including a cellar floor of a building or buildings on a lot, measured in square feet from the exterior faces of the exterior walls of each building or from the center line of party walls separating two buildings.

(b) The FLOOR AREA shall include:

1. Space devoted to elevator shafts and stairwells at each floor;

2. Floor space used for mechanical equipment when the structural headroom exceeds seven feet, ten inches in height, except equipment such as bulkheads, water tanks and cooling towers, when located on the roof whether or not the equipment is in the open or enclosed;

3. Floor space in that part of a half-story where the headroom is seven feet, ten inches or more in height;

4. Floor space devoted to interior balconies, mezzanines and enclosed porches;

5. Floor space devoted to accessory uses in the principal building and in the accessory building or buildings; and

6. Floor space devoted to enclosed off-street parking and off-street loading.

(c) For the purpose of determining off-street parking and off-street loading requirements, the sum of the gross horizontal areas of the several floors of the building or portion thereof devoted to the use requiring off-street parking and off-street loading, including accessory storage areas located within selling or working space such as counters, racks or closets and any basement floor area devoted to dwelling purposes, to retailing activities, to the production or processing of goods or to business or professional offices. However, the FLOOR AREA shall not include: floor area devoted primarily to storage purposes, except as otherwise noted herein; floor area devoted to off-street parking or loading facilities, including aisles, ramps and maneuvering space; or cellar floor area other than area devoted to retailing activities, to the production or processing of goods or to business or professional offices.

FLOOR AREA RATIO. The numerical value obtained through dividing the floor area of a building or buildings by the net lot area on which the buildings are located.

FREQUENCY. The number of oscillations per second in a sound or other type of wave measuring the pitch of the resulting sound.

FRONTAGE. All property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of a street, or if the street is dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.

FRONTAGE ROAD. A road constructed parallel to and immediately adjacent to the right-of- way of a primary highway and designed to serve the properties fronting on the primary highway.

GARAGE, PRIVATE. An accessory building or an accessory portion of the principal building which is intended for and used for storing the private passenger vehicles and one commercial vehicle of not more than one-ton load capacity of a family or families resident upon the premises, which shall be limited to three parking spaces for single-family dwellings, and in multiple-family dwellings shall be limited in the number of parking spaces to one and one-half times the number of dwelling units plus one, and in which no business, service or industry connected directly or indirectly with the automotive vehicles is carried on, provided that not more than one-half of the space may be rented for the private passenger vehicles of persons not resident on the premises, except that all the space in a garage of one or two-car capacity may be so rented.

GARAGE, PUBLIC. Any building within which automotive vehicles are painted, repaired, rebuilt, reconstructed or stored for compensation.

GARAGE, STORAGE. A building used for the housing only of motor vehicles pursuant to previous arrangements and not for transients; and where no equipment or parts are sold and vehicles are not rebuilt, services, hired or sold, except that fuel, grease or oil may be dispensed within the building to vehicles stored herein.

GOLF COURSE. Public, semi-public or private grounds over which the game of golf is played, including accessory buildings and land uses incidental thereto, and consisting of at least 25 acres for each nine-hole “par 3” course.

GRADE.

(a) For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the streets.

(b) For buildings having walls adjoining more than one street, the average of the elevations of the sidewalk at the center of all walls adjoining the streets.

(c) For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.

(d) The closest wall approximately parallel to a street line is to be considered as adjoining the street. Where no sidewalk exists, the grade shall be established by the Superintendent of Public Works.

GROSS ACREAGE. The total acreage of a site less land within the planted rights-of-way of existing roads, utilities and easements of access.

GROUND FLOOR AREA. The lot area in square feet covered by a single-family dwelling, measured from the exterior faces of the exterior walls of the building. The area shall include only the area devoted to dwelling purposes, including enclosed utility rooms on the ground floor of a dwelling, shall be exposed on all elevations and shall not include area devoted to garage, breezeway or carport.

GUN SHOP. A federally- and state-licensed establishment engaged in the retail sales, service and repair of legal firearms, ammunition, archery equipment, knives, and other weapons for hunting, personal safety, public safety, and competitions. This use also includes sales and service of equipment related to the foregoing, legal antique weapons, and instructional classes that do not involve the discharge of weapons of any type.

HEAVY COMMERCIAL. Heavy commercial uses and equipment shall be defined to include uses and equipment of a kind not generally involving purchase or use by the average resident in the usual, conduct of matters pertaining to living and residence in the community, as contrasted with and distinguished from the usual general retail and services uses. HEAVY COMMERCIAL USES are exemplified by sales and service of earth moving equipment, prime-source turbines and generators, industrial heating apparatus and factory-type machine tools.

HOME OCCUPATION. A gainful occupation or profession conducted by a member of a family residing on the premises and where the business or profession is conducted wholly within the dwelling.

HOTEL. A building containing not less than 14 lodging rooms, a general kitchen and dining room, a common entrance lobby, halls and stairway; and where lodging rooms do not have a doorway opening directly to the outdoors, except for emergencies; and where more than 50% of the lodging rooms are for rent, with or without meals, to transient guests for a continuous period of less than 30 days.

HOTEL, APARTMENT. A hotel in which at least 50% of the hotel accommodations are for occupancy by permanent guests (30 days or more).

IMPERVIOUS SURFACE COVERAGE. Determined by dividing that area of a lot which is occupied or covered by any material that substantially reduces or prevents the infiltration of stormwater into previously undeveloped land. Impervious surface shall include, but not be limited to the ground area covered by buildings, driveways, parking areas, sidewalks and patios. Dedicated public roadways shall be excluded from impervious surface. (See illustration A above.)

INDOOR MALL. A retail complex over 50,000 square feet with one singular address containing a variety of individual stores and often restaurants and other individual business establishments housed in a single building sharing a common interior space where no other clear primary use can be assigned. All permitted uses in the Business District B-3 shall be permitted in an indoor mall.

INSTITUTION. A building occupied by a non-profit organization or a non-profit establishment for public use.

JUNK YARD. An open area where waste, used or second-hand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles. A JUNK YARD includes an autowrecking yard, but does not include such uses as are conducted entirely within enclosed buildings.

KENNEL. Any premises where three or more domestic animals over four months of age are owned, boarded, bred and/or offered for sale.

LIVE ENTERTAINMENT. Shall consist of live music, dancing and/or singing performances, floor shows, D.J. shows and other amplified entertainment performances, whether or not an admission fee is charged. LIVE ENTERTAINMENT shall not include subtle ambient or incidental background music provided for guests or patrons by musicians such as unamplified background music, piano player, harpist, strolling violinist, traditional juke box, karaoke, or guitarist. However, if there is an admission charge requirement to observe or attend such subtle ambient or incidental background music or entertainment, it shall be considered LIVE ENTERTAINMENT.

LOADING SPACE. A space, accessible from a street, alley or way, in a building or on a lot, for the use of vehicles while loading or unloading merchandise or materials.

LODGING HOUSE. See BOARDING HOUSE.

LODGING ROOM. A room rented as sleeping and living quarters, but without facilities and with or without and individual bathroom. In a SUITE OF LODGING ROOMS, each room which provides sleeping accommodations shall be counted as one LODGING ROOM.

LOT.

(a) Except in the case of a planned development, a parcel of land of record in the office of the Recorder of Deeds of Kane County, Illinois, which may be composed of one or more lots of record, and which is occupied or intended for occupancy by one principal building, together with permitted accessory buildings and required open spaces, and having its principal frontage upon a street.

(b) The term LOT is distinguished from the term “lot of record,” as defined below.

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

LOT CORNER. A lot situated at the junction of and abutting on 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 135 degrees or less.

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, INTENSITY OF USE. The relation which the built-over portion of a lot, called the building area, has to the whole area of the lot.

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

LOT LINE. A property boundary line of any lot held in single or separate ownership, except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley right-of-way lines.

LOT LINE, FRONT. The boundary lines of a lot which is along an existing or dedicated street lot line and which is established by the owner as a FRONT LOT LINE. On corner lots, the owner may select either street lot line as the FRONT LOT LINE.

LOT LINE, REAR. The boundary of a lot which is most distant from and is, or is approximately parallel to the front lot line. If the REAR LOT LINE is less than ten feet in length, or if the lot forms a point at the rear, the REAR LOT LINE shall be deemed to be a line ten feet in length with the lot, parallel to and at the maximum distance.

LOT LINE, SIDE. Any boundary or a lot which is not a front or rear lot line.

LOT OF RECORD. A lot of record is a parcel of land which is a designated lot created and delineated in a duly recorded plat subdivision or a parcel of land described in and conveyed by or provided to be conveyed by an instrument of record, is on the date of recording of the instrument the parcel of land met all of the requirements of the zoning ordinance then in force; provided that, if the grantor or seller in the instrument owned a parcel of land contiguous thereto, both the parcel retained and the parcel conveyed must also have met all the requirements of this chapter. If an unrecorded instrument is relied upon to establish a lot of record, the matter shall be referred to the Zoning Board of Appeals to determine from evidence submitted to it the authenticity of the instrument and that the other requirements of this section were met as of the state of the unrecorded instrument.

LOT, REVERSED CORNER. A corner lot, the street-side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.

LOT, THROUGH.

(a) A lot which has a pair of opposite lot lines along two more or less parallel streets and which is not a corner lot.

(b) On a THROUGH LOT, both street lines shall be deemed front lot lines, except, in the case where an entire block consists of through lots, there shall be one common front lot line.

LOT, WIDTH. Where a minimum lot width is specified, each lot for which the minimum lot width is specified shall have a minimum frontage at the front building line not less than the width so specified.

MAIN BUILDING OR USE. The main or primary purpose for which land or a structure or use thereon is designed, arranged or intended, or for which it may be occupied or maintained under this chapter. All other structures or uses on the same lot and incident or supplementary thereto and permitted under this chapter shall be considered accessory uses.

MANOR HOUSE. A multiple family residential housing design which typically features a two- story building with attached garages and two common entrances containing eight dwellings, of which four are located on the first floor and four are located on the second floor of the building.

MARQUEE CANOPY. A roof-like structure of permanent nature which projects from the wall of a building and may overhang the public way.

MATERNITY GROUP HOME. A community-based, adult-supervised transitional living arrangement that provides pregnant or parenting minors or adults and their children with a supportive and supervised living arrangement, in which such pregnant or parenting minors or adults are provided the opportunity to learn parenting skills, including child development, family budgeting, health and nutrition, and other skills to promote their long-term economic independence in order to ensure the well-being of their children.

MIXED USE DEVELOPMENT. A PUD which combines two or more of the following land uses: detached or attached single family residential, multiple family residential, business, retail, industrial and office/research.

MOTEL or TOURIST COURT. A building containing lodging rooms having adjoining individual bathrooms and where each lodging room has a doorway opening directly to the outdoors and more than 50% of the lodging rooms are for rent to transient tourists for a continuous period of less than 30 days.

MOTOR FREIGHT TERMINAL. A building and premise in which freight, shipped by motor truck or railroad, is received, assembled, sorted and rerouted for local, intrastate or interstate shipment by motor truck.

MOTOR VEHICLE. Any self-propelled wheeled vehicle designed primarily for transportation of persons or goods along public streets.

MOTOR VEHICLE IMPOUNDMENT YARD. An establishment utilized exclusively for the temporary indoor or outdoor storage of motor vehicles that are towed in as a result of unlawful parking on private property, repossessions, police orders, accidents, mechanical problems, or otherwise being rendered inoperable. Motor vehicle impoundments yards shall not include automotive service uses that temporary store vehicles brought in for repair. The use also shall not include junk yards or vehicle recycling, disassembly or salvage operations.

MOVED. The act of permanently establishing a structure upon a portion of land after removing same from another part of the same or a different lot, tract or parcel of land.

MULTIPLE FAMILY DWELLING. A building containing three or more dwelling units.

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 ACREAGE. The gross acreage minus the acreage devoted to street rights-of-way, storm water retention and detention basins, bodies of water, public parks, school sites, municipal sites, conservation areas, and areas with slopes greater than 20%.

NET LOT AREA. The area inside of lot lines, exclusive of streets and alleys.

NON-CONFORMING BUILDING. Any building which does not comply with all of the regulations of this chapter governing bulk for the district in which the building is located, or is designed or intended for a non-conforming use.

NON-CONFORMING USE. A building, improvements of which lawfully existed on any lot or premises prior to the effective date of this chapter, but which at that time and thereafter, did not comply with the regulations of this chapter for the district within which the buildings, improvements or uses are located.

NOXIOUS MATTER. Material which is capable of causing injury or malaise to living organisms or is capable of causing detrimental effects upon the health or the psychological, social or economic well-being of human beings.

NURSING HOME. An establishment for the care of children of the aged or infirm. A home does not contain equipment for medical and surgical care or for the treatment of disease or injury, nor does it provide care in maternity or mental illness or physical infirmities.

OCTAVE BAND. A term denoting all frequencies between any given frequency and double that frequency.

OCTAVE BAND FILTER. An electrical frequency separator, 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 Standards for Sound-Level Meters, A.S.S. No. 224.3-1944).

OPEN SALES LOTS. Any land used or occupied for the purpose of buying, selling or renting passenger cars, trucks, trailers, motor scooters, motorcycles, boats, aircraft or monuments and for the storing of same prior to sale or rental.

PARCEL. See LOT.

PARKING LOT. A premise where three or more motor vehicles in running condition are parked, whether or not a fee is charged; and where parking of motor vehicles is primarily for continuous periods of less than 12 hours time; and where no equipment or parts are sold and motor vehicles are not processed or rebuilt; cars, trucks, trailers, motor scooters, motorcycles, boats, aircraft or monuments and for the storing of same prior to sale or rental.

PARKING SPACE, AUTOMOBILE. A suitable surfaced and permanently maintained area on privately-owned property, either within or outside of a building, of sufficient size to store one standard automobile, but no event less than 200 square feet, exclusive of passage-ways, driveways or other means of circulation of access.

PARTICULATE MATTER. Material which is suspended in or discharged into the atmosphere in finely divided form as a liquid or solid at atmospheric temperature and pressure.

PARTY WALL. A wall starting from the foundation and extending continuously through all stories to or above the roof which separates one building from another and is in joint use by each building.

PERFORMANCE STANDARD. A criterion to control noise, odor, smoke, toxic or noxious matter, vibrations, fire and explosive hazards or glare or heat generated by or inherent in uses of land or buildings.

PERMANENT COSMETICS, MICROBLADING, MICROPIGMENTATION AND SIMILAR CARE SERVICES. The practice of placing ink or other pigment into the skin or mucosa by the aid of needles or any other instrument used to puncture a person's skin for the purpose of permanent cosmetic restoration or enhancement of the epidermis for re-pigmentation. This category of services does not include other forms of body art such as body piercing or the adornment of the body with letters, images, drawings, or other illustrations. The use is also commonly known as dermal implantation, areola restoration, micro-stroking, eyebrow embroidery, nano brows, faux body replacement and long-time/long lasting makeup.

PERSON. Every natural individual, firm, partnership, association, corporation or organization of any kind.

PET CREMATORIUM. A “provider of companion animal cremation services” operating in full compliance with the Illinois Companion Animal Cremation Act (ILCS Chapter 815, Act 318, §§1 et seq.) provided, however, that such services shall be limited to only the provision of “individually portioned cremation” of up to two “companion animals” at any one time using equipment specifically designed and constructed for such purposes. Further, the “cremation remains” shall be returned to the owner of the animal or otherwise legally disposed of off-site. Terms used within this definition of PET CREMATORIUM that are contained within quotation marks (“ ”) shall have the same meanings ascribed to them in the Illinois Companion Animal Cremation Act as such act may be amended from time to time provided that if such Act or terms are repealed in their entirety, the meanings of such terms shall be those last in effect.

PLANNED DEVELOPMENT. A planned development is a use of land in single ownership or control, where the specific requirements of a zoning district maybe modified, which offers benefits to the neighborhood of which it is a part or to the general public welfare beyond those required by this chapter and which use of land will contain or provide amenities not otherwise required by law, including, but not limited to provisions for common open space, recreational facilities or specific design, engineering, architectural, site planning or landscape features.

PLANNED RESIDENTIAL CLUSTER SUBDIVISION. A comprehensively planned single family residential development in which dwelling units are clustered at one or more locations, but where the overall density does not exceed the maximum density permitted under the regulations for the zoning district in which said subdivision is located. The remaining land “saved” is devoted to common open space.

PLANNED UNIT DEVELOPMENT (PUD). A development wherein a mixture of one or more of the following land use types occurs; residential (single- or multi-family), office, retail commercial, industrial. The PUD is planned as a functionally and physically integrated development as a single entity, although portions of the parcel may be sold off to another party to be developed according to the approved PUD plan.

PLOT. Any parcel of land, subdivided or unsubdivided.

PROMOTIONAL SALE OR PROGRAM. The use of outdoor displays for the promotion of store sales.

PRIVATE STREET.

(a) PRIVATE STREET BY EASEMENT. A non-dedicated private roadway shared by at least two but not more than five dwelling units located within an easement on private property.

(b) PRIVATE STREET WITHIN COMMON OPEN SPACE. A non-dedicated private roadway shared by at least two dwelling units located within the common open space of the development.

PUBLIC UTILITY. Persons, corporations or governments supplying gas, electric, transportation, water, sewer or land line telephone service to the general public. For the purpose of this chapter, commercial wireless telecommunication service facilities shall not be considered PUBLIC UTILITY USES and are defined separately.

QUADRUPLEX. A multiple family residential housing design which typically contains four dwelling units, with each unit having direct access to the outside and separated from the other dwelling units by one or more common fire resistant walls.

REFUSE. All waste products resulting from human habitation, except sewage.

RESEARCH LABORATORY. A building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities principally for the manufacture or sale of products.

REST HOME. See NURSING HOME.

RINGLEMANN CHART. A chart which is described in the U.S. Bureau of Mines Information Circular 6888 and on which are illustrated graduated shades of grey for use in estimating the light-obscuring capacity of smoke.

RINGLEMANN NUMBER. The number of the area on the Ringlemann Chart that coincides most nearly with the light-obscuring capacity of smoke.

ROADWAY. The portion of a street between the regularly established curb lines or that part, improved or unimproved, which is used or intended to be used for vehicular travel.

ROOMING HOUSE. See BOARDING HOUSE.

ROW HOUSE. See DWELLING, ATTACHED.

SCREENING. A structure erected or vegetation planted for concealing from viewers the area behind it.

SETBACK, FRONT YARD. The minimum horizontal distance between the front lot line and the line of any main or accessory building or other structure located on the lot, disregarding steps.

SHOOTING RANGE, INDOOR. A fully enclosed facility designed or used for archery and/or the discharging of legal firearms for the purposes of target practice, training or competitions.

SHOOTING RANGE, OUTDOOR. The use of land specifically laid-out and approved for archery and/or the discharging of legal firearms for the purposes of target practice, skeet and trap shooting, training, or competitions.

SIDEWALK SALE. The selling of merchandise on the exterior of a commercial establishment, generally on the sidewalk adjacent to the building.

SIGN.

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

(b) However, a SIGN shall not include the following:

1. Any display of official court or public office notices;

2. The flag emblem or insignia of a nation, political unit, school or religious group; and

3. A sign located completely within an enclosed building unless the context is intended to be viewed from a street.

SIGN, ADVERTISING or BILLBOARD OR POSTAL PANEL. A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at any location other than upon the premises where the sign is located or to which it is affixed.

SIGN, BUSINESS. A sign which directs attention to a business or profession conducted or to a community, service or entertainment conducted, sold or offered upon the premises where the sign is located or to which it is affixed.

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

SIGN, GROSS SURFACE AREA OF. The entire area within a single continuous perimeter enclosing the extreme limits of a sign, and, in no case, passing through or between any adjacent elements of the same. However, the perimeter shall not include any structural elements lying outside the limits of the sign and not forming an integral part of the display.

SINGLE-FAMILY DWELLING. A building containing one dwelling unit.

SMOKE UNITS, NUMBER OF. The number obtained by multiplying the smoke density in Ringlemann numbers by the time of emission in minutes. For the purpose of this calculation, a Ringlemann density reading is made at least once every minute during the period of observation; each reading is then multiplied by the time in minutes during which it is observed; the various products are then added together to give the total number of smoke units observed during the total period under observation.

SOLID WASTE FACILITIES.

(a) ENVIRONMENTAL PROTECTION ACT. Those provisions found in ILCS Chapter 415, Act 5, and its implementing regulations, as both may be amended from time to time, which include definitions for the following terms as used in this chapter provided that if such act, codes or terms are repealed in their entirety, the meanings of such terms shall be those last in effect.

1. COMPOST as defined in ILC5 Chapter 415, Act 5, §3.150;

2. COMPOSTING as defined in ILCS Chapter 415, Act 5, §3.155;

3. COMPOSTING OPERATION as defined in 35 IL Admin Code 830.102:

4. FACILITIES ACCEPTING EXCLUSIVELY GENERAL CONSTRUCTION OR DEMOLITION DEBRIS FOR TRANSFER, STORAGE, OR TREATMENT as defined in ILCS Chapter 415, Act 5, §22.38;

5. GENERAL CONSTRUCTION or DEMOLITION DEBRIS as defined in ILCS Chapter 415, Act 5, §3.160(a);

6. LANDSCAPE WASTE as defined in ILCS Chapter 415, Act 5, §3.270;

7. LANDSCAPE WASTE COMPOST FACILITY as defined in 35 IL Admin. Code 830.102:

8. LOCAL SITING REVIEW as defined in ILCS Chapter 415, Act 5, §39.2;

9. POLLUTION CONTROL FACILITY as defined in ILCS Chapter 415, Act 5, §3.330:

10. TRANSFER STATION as defined in ILCS Chapter 415, Act 5, §3.500;

(b) RECYCLING, MATERIALS RECOVERY AND WASTE MINIMIZATION/ WASTE DIVERSION FACILITIES. Those facilities and/or operations which sort, handle, process, gather and recovery materials from waste streams which would otherwise be disposed of or permanently discarded, so as to render such materials usable in a process or alone such that the same can be returned to the economic mainstream/stream of commerce in the form of raw materials or products.

SOUND-LEVEL METER. An instrument standardized by the American Standards Association for measurement of the intensity of sound.

STABLE, PRIVATE. A stable is any building which is located on a lot on which a dwelling is located, designed, arranged or used for not more than four horses for the private use of occupants of the dwelling, not exceeding 600 square feet in area.

STABLE, PUBLIC. A building where horses are kept for hire or sale.

STAND, ROADSIDE. A structure for the display and sale of products with no space for customers within the structure itself.

STEEPLE. An unoccupied, ornamental tower built on or above the roof of a building.

STORY. The 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 if the floor of the basement is less than three feet below grade or if the ceiling of the basement is more than five feet above grade.

STORY, HALF. A space under a sloping roof which has the line of intersection of roof decking and wall not more than three feet above the top floor level, and in which space not more than 60% of the floor area is completed for principal or accessory use.

STREET, AVENUE, PLACE, LANE, ROAD, BOULEVARD, TERRACE or PARKWAY. All property dedicated or intended for public or private street, highway, freeway or roadway purposes or subject to easements therefor.

STRUCTURAL ALTERATIONS. Any change, other than incidental repairs, in the supporting members of a building or structure, such as bearing walls, partitions, foundations, columns, beams or girders or any substantial change in the roof or exterior walls.

STRUCTURE. Anything erected the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground. A sign or other advertising device, detached or projecting, shall be construed to be a separate structure.

STUDIO APARTMENT. See EFFICIENCY UNIT.

SWIMMING POOL. Any temporary or permanent artificial pool or receptacle for water installed, constructed or maintained in, on or above the ground, (not including those enclosed and located entirely within a dwelling), having a perimeter of more than 25 feet and a depth of more than two feet at any point. A SWIMMING POOL shall be considered to be a main building and use; provided, however, that a SWIMMING POOL may be considered to be an accessory building or use customarily incident to a dwelling when located on the same lot therewith and designed and used for swimming or bathing in connection with the dwelling solely by the persons living therein or their private guests. No swimming pool designed or used for any commercial or other non-residential purpose shall be considered to be an accessory building or use customarily incident to a dwelling.

TATTOO. The insertion of pigment under the surface of the skin of a human being by pricking with a needle or otherwise, so as to produce an indelible mark or figure visible through the skin but shall not include tattooing performed for medical purpose by a person licensed or otherwise authorized by the state to practice medicine or osteopathy.

TAVERN. A place of business that primarily serves alcoholic beverages with a legally approved village liquor license and may include a limited food service for human consumption. A TAVERN with live entertainment requires a special use permit.

TOURIST HOME. See BOARDING HOUSE.

TOWER. Any ground or roof mounted pole, spire, structure or combination thereof taller than 15 feet, including supporting lines, cables, wires, braces and masts, intended primarily for the purpose of mounting an antenna, meteorological device or similar apparatus above grade.

TOWER, MULTI-USER. A tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or government entity.

TOWER, SINGLE-USER. A tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required in this chapter.

TOWNHOUSE. An attached single-family residential housing design which typically contains three or more residential dwelling units, each of which has its own front and rear access to the outside, no unit is located over another unit, and each is separated from any other unit by one or more common fire resistant walls.

TOWNHOUSE DWELLINGS. See DWELLING, ATTACHED.

TOXIC MATERIAL. A substance (liquid, solid or gaseous) which, by reason of an inherent deleterious property, tends to destroy life or impair health.

TRAILER or CAMPER TRAILER. An automobile or truck-drawn highway vehicle designed to serve as temporary living quarters while traveling or camping.

TRAILER HOUSE. Any vehicle or portable structure constructed so as to permit occupancy thereof for lodging or dwelling purposes or for use as an accessory building or structure in the conduct of a business, trade or occupation; and which is so designed and constructed that it is, or may be, mounted on wheels and used as a conveyance on streets and highways; and which is propelled or drawn by its own or other motive power.

TRAILER PARK. Any premises on which are parked one or more trailers or any premises used or held out for the purpose of supplying to the public a parking space for one or more such trailers. The term does not include sales lots on which automobiles or unoccupied trailers, new or used, are parked for purposes of inspection and sale.

USE. The purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained.

USE, ACCESSORY. A subordinate use which is clearly and customarily incidental to the principal use of a building or premises, and which is located on the same lot as the principal building or use, except for the accessory parking facilities as are specifically authorized to be located elsewhere.

USE, LAWFUL. The use of any building, structure or land that conforms with all the regulations of this chapter or any amendment hereto and which conforms with all the codes, ordinances and other legal requirements, as existing at the time of the enactment of this chapter or any amendments thereto, for the structure or land that is being examined.

USE, NON-CONFORMING. See NON-CONFORMING USE.

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

USE, PRINCIPAL. The main use of land or building, as distinguished from a subordinate or accessory use.

USE, SPECIAL. Any building, structure and use which complies with the applicable regulations governing special uses.

USEABLE COMMON OPEN SPACE. Useable common open space is that portion of the common open space that is available for active or passive recreational use.

USED CAR LOT. Any land used or occupied for the purpose of buying and selling second- hand passenger cars and/or trucks and the sorting of same prior to sale.

VEHICLE TOWING ESTABLISHMENT. An establishment whose principal operation is the removal of motor vehicles by towing, carrying, hauling, or pushing from public or private property to other locations for repair when such vehicles have become inoperable or have been ordered to be impounded to a public or private motor vehicle impound yard for temporary storage. Such use does not include a motor vehicle impoundment yard, accessory commercial operations yard, junk yard, salvage or recycling center, or any other type of indoor or outdoor storage, repair or disassembly of towed or inoperable vehicles provided, however, that a vehicle towing establishment may be operated in conjunction with such an impoundment, operations and storage or salvage facilities that have been separately permitted per the provisions of this chapter. Vehicle towing establishments shall not include automotive service uses that have accessory towing operations limited to transporting inoperable vehicles to their own premises for repairs.

VENDING MACHINE. A machine for dispensing merchandise or services designed to be operated by the customer.

VISION CLEARANCE. An open, unoccupied triangular space at the street corner or a corner lot, the space being defined as a setback line extending across the corner between points established on the street lines by measurements from the corner.

YARD. An open space on a lot which is unoccupied and unobstructed from its lower level to the sky. A YARD extends along a lot line and at right angles to the line to a depth or width specified in the yard regulations for the zoning district in which the lot is located.

YARD, FRONT. A yard extending across the front of a lot and being the minimum horizontal distance between the street line and the main building or any projection thereof other than the projection of the usual steps.

YARD, REAR. A yard extending across the rear of a lot and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps. On corner lots, the REAR YARD shall be considered as parallel to the street upon which the lot has its least dimension. On both cases, the rear yard shall be at the opposite end of the lot from the front yard.

YARD, SIDE. A yard extending along a side lot line between the front and rear yards.

(1981 Code, Art. III) (Ord. passed 12- -1986; Am. Ord. 97-19, passed 9-2-1997; Am. Ord. 98-01, passed 2-2-1998; Am. Ord. 06-48, passed 10-16-2006; Am. Ord. 08-40, passed 7-7-2008; Am. Ord. 11-25, passed 4-18-2011; Am. Ord. 12-46, passed 6-30-2012; Am. Ord. 13-08, passed 4-1-2013; Am. Ord. 13-45, passed 11-18-2013; Am. Ord. 15-48, passed 12-14-2015; Am. Ord. 22-40, passed 8-22-2022; Am. Ord. 22-44, passed 9-19-2022; Am. Ord. 23-08, passed 2-20-2023; Am. Ord. 23-23, passed 5-15-2023)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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