19.90.015: DEFINITIONS AND REGULATIONS:
ACCESSORY: When used as an adjective describing a specific type of "land use" [SR], "structure" [SR], or "building" [SR] shall mean that such land use, structure, or building shall be established and maintained only in conjunction with a "principal use" [SR], and operated and maintained under the same single ownership or unified control as the principal use.
Such accessory land use, structure, or building shall be located on the same "zoning lot" [SR] and within the same mapped zoning district as the principal use, except "parking facilities" [SR], specifically authorized to be located elsewhere.
Such accessory land use, structure, or building shall be established subsequent to or concurrently with the establishment of the principal use of the zoning lot.
No specific type of land use, structure, or building, modified with the word "accessory" whether so modified in the lists of permitted uses and conditional uses, or in an applicable supplementary regulation shall be subject to the provisions under "Use, Accessory" in this Section.
ACCESSORY BUILDING: See "Building, Accessory" in this Section.
ACCESSORY BUILDING COVERAGE: See "Building Coverage, Accessory" in this Section.
ACCESSORY BUILDING COVERAGE RATIO: See "Building Coverage Ratio, Accessory" in this Section.
ACCESSORY STRUCTURE: See "Structure, Accessory" in this Section.
ACCESSORY USE: See "Use, Accessory" in this Section.
ADAPTIVE REUSE: The renovation of a structure no longer useful for the purpose for which it was designed or intended so as to permit its reuse.
ADULT ARCADE: An establishment to which the public or its members are permitted or invited to: a) view or participate in live performances characterized by the exposure of "specified anatomical areas" [SR] or by "specified sexual activities" [SR], or; b) view still or moving images distinguished or characterized by the depicting or describing of "specified anatomical areas" [SR] or by "specified sexual activities" [SR], all through the use of coin-operated or electronically, electrically, or mechanically controlled devices to display the live performance or the images, to five (5) or fewer persons per machine at any one time.
ADULT BOOK OR ADULT VIDEO STORE: An establishment having as a substantial or significant portion of its stock-in-trade for sale, rent, lease, inspection or viewing, books, magazines and periodicals, films, motion pictures, video cassettes, slides, or other photographic reproductions, all of which are distinguished or characterized by their emphasis on material depicting, describing or relating to "specified sexual activities" [SR] or "specified anatomical areas" [SR], unless demonstrated that either:
   A.   Revenue from the sale, lease, inspection, viewing or rental of the matter depicting, describing or relating to "specified sexual activities" [SR] or "specified anatomical areas" [SR] comprises no more than fifty percent (50%) of the gross revenue from the sale and/or rental of all goods at the establishment, or
   B.   The matter depicting, describing or relating to "specified sexual activities" [SR] or "specified anatomical areas" [SR] comprises no more than thirty five percent (35%) of the items displayed in the establishment as stock-in-trade.
ADULT CABARET: A public or private nightclub, bar, restaurant, or similar commercial establishment which regularly features either: a) persons appearing in a state of nudity or partial nudity, b) live performances distinguished or characterized by their emphasis on material depicting, describing or relating to "specified sexual activities" [SR] or "specified anatomical areas" [SR], or c) films, motion pictures, videocassettes, slides, or other photographic reproductions which are distinguished or characterized by their emphasis on material depicting, describing or relating to "specified sexual activities" [SR] or "specified anatomical areas" [SR].
ADULT ENTERTAINMENT ESTABLISHMENT: A business having as its substantial or significant business purpose the offering to the public or its members of a product or service including, but not limited to, entertainment, intended to provide sexual stimulation or sexual gratification, and which product or service is distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" [SR] or "specified anatomical areas" [SR], including, but not limited to, the following uses:
   "Adult arcade" [SR].
   "Adult book or adult video store" [SR].
   "Adult cabaret" [SR].
   "Adult merchandise retailer" [SR].
   "Adult mini-motion picture theater" [SR].
   "Adult motion picture theater" [SR].
The term "adult entertainment establishment" [SR] shall not be construed to include: a) any business operated by or employing licensed psychologists, licensed physical therapists, licensed athletic trainers, licensed cosmetologists, or licensed barbers performing functions authorized under the licenses held, b) any business operated by or employing licensed physicians or licensed healing arts, or c) any retail establishment whose primary business is the offering of wearing apparel for sale to its customers.
ADULT MERCHANDISE RETAILER: A retail establishment deriving more than fifty percent (50%) of its gross revenue from the sale of merchandise designed or marketed for use in conjunction with "specified sexual activities" [SR].
ADULT MINI-MOTION PICTURE THEATER: An enclosed building, or an area within a building, having a capacity for less than fifty (50) or more persons, and used regularly and routinely for presenting motion picture films, videocassettes, cable television, and/or any such visual media, all of which are distinguished or characterized by their emphasis on material depicting, describing or relating to "specified sexual activities" [SR] or "specified anatomical areas" [SR] to its patrons.
ADULT MOTION PICTURE THEATER: An enclosed building, or an area within a building, having a capacity of fifty (50) or more persons, and used regularly and routinely for presenting motion picture films, videocassettes, cable television, and/or any such visual media, all of which are distinguished or characterized by their emphasis on material depicting, describing or relating to "specified sexual activities" [SR] or "specified anatomical areas" [SR] to its patrons.
ADULT-USE CANNABIS BUSINESS ESTABLISHMENT: An "adult-use cannabis cultivation center" [SR], "adult-use cannabis craft grower" [SR], "adult-use cannabis processing organization or processor" [SR], "adult-use cannabis infuser organization or infuser" [SR], "adult-use cannabis dispensing organization" [SR], or "adult-use cannabis transporting organization or transporter" [SR].
ADULT-USE CANNABIS CRAFT GROWER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. Such facility shall comply with all regulations provided within the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, regulations promulgated thereunder, and the regulations provided within this Code. An "adult-use cannabis craft grower" [SR] shall also be subject to the following supplementary regulations:
   A.   In addition to all state-imposed minimum distance limits, an "adult-use cannabis craft grower" [SR] shall not be located within two hundred fifty feet (250') of a pre-existing public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility, college, or university, or a publicly owned or operated park or forest preserve. The two hundred fifty foot (250') distance limit in this subsection A shall be measured in a straight line from the nearest "lot line" [SR] of the "adult-use cannabis craft grower" [SR] to the nearest "lot line" [SR] of the "land use" [SR] from which the setback is sought; provided that if a "adult-use cannabis craft grower" [SR] is to be situated in a distinct tenant space within a multi-tenant building, then the setback described in this subsection A shall be measured from the nearest demising wall of the distinct tenant space within the building in which the "adult-use cannabis craft grower" [SR] is proposed to the nearest "lot line" [SR] of the "land use" [SR] from which the setback is sought.
   B.   On-premises consumption of cannabis or a product-containing cannabis is prohibited. A sign, at least eight and one-half (8.5) inches by eleven (11) inches, shall be posted inside, at a location clearly visible to patrons, with the following language, "Smoking, eating, drinking, or other forms of consumption of cannabis or products containing cannabis is prohibited anywhere inside or on the grounds of this establishment."
   C.   An "adult-use cannabis craft grower" [SR] shall not be located within a house, apartment, condominium, or an area zoned for residential use.
   D.   All aspects of an "adult-use cannabis craft grower" [SR] shall be contained within a completely enclosed building. In addition to those documents required for any application for a conditional use, an application for a conditional use for an "adult-use cannabis craft grower" [SR] shall also include an odor control plan.
   E.   Any new building intended to be occupied by an "adult-use cannabis craft grower" [SR] shall comply with the architectural standards for an industrial building established within Chapter 19.14 of this title.
   F.   An "adult-use cannabis craft grower" [SR] shall not be established as an accessory use or a component land use with any other land use, except another "adult-use cannabis business establishment" [SR], but not including with an "adult-use cannabis dispensing organization" [SR] or a "medical cannabis dispensing organization" [SR].
   G.   In addition to those documents required for any application for a conditional use, an application for a conditional use for an "adult-use cannabis craft grower" [SR] shall also include:
      a.   A complete copy of all applications and plans submitted for required state licenses;
      b.   An inventory control plan;
      c.   A floor plan;
      d.   A plan for the removal, recycling, disposal, and/or destruction of cannabis waste; and
      e.   A security and outdoor lighting plan. The Elgin Police Department shall review the items required by this subsection and forward its recommendation regarding same to the Planning & Zoning Commission prior to the public hearing for the conditional use.
   H.   Signage shall comply with the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, regulations promulgated thereunder, and this title.
   I.   Before the issuance of an occupancy permit or otherwise opening to the public, an "adult-use cannabis craft grower" [SR] must file a copy of all required state licenses to operate as an "adult-use cannabis craft grower" [SR] with the Development Administrator.
ADULT-USE CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. Such facility shall comply with all regulations provided within the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, regulations promulgated thereunder, and the regulations provided within this Code. An "adult-use cannabis cultivation center" [SR] shall also be subject to the following supplementary regulations:
   A.   In addition to all state-imposed minimum distance limits, an "adult-use cannabis cultivation center" [SR] shall not be located within two hundred fifty feet (250') of a pre-existing public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility, college, or university, or a publicly owned or operated park or forest preserve. The two hundred fifty foot (250') distance limit in this subsection A shall be measured in a straight line from the nearest "lot line" [SR] of the "adult-use cannabis cultivation center" [SR] to the nearest "lot line" [SR] of the "land use" [SR] from which the setback is sought; provided that if a "adult-use cannabis cultivation center" [SR] is to be situated in a distinct tenant space within a multi-tenant building, then the setback described in this subsection A shall be measured from the nearest demising wall of the distinct tenant space within the building in which the "adult-use cannabis cultivation center" [SR] is proposed to the nearest "lot line" [SR] of the "land use" [SR] from which the setback is sought.
   B.   On-premises consumption of cannabis or a product-containing cannabis is prohibited. A sign, at least eight and one-half (8.5) inches by eleven (11) inches, shall be posted inside, at a location clearly visible to patrons, with the following language, "Smoking, eating, drinking, or other forms of consumption of cannabis or products containing cannabis is prohibited anywhere inside or on the grounds of this establishment."
   C.   An "adult-use cannabis cultivation center" [SR] shall not be located within a house, apartment, condominium, or an area zoned for residential use.
   D.   All aspects of an "adult-use cannabis cultivation center" [SR] shall be contained within a completely enclosed building. In addition to those documents required for any application for a conditional use, an application for a conditional use for an "adult-use cannabis cultivation center" [SR] shall also include an odor control plan.
   E.   Any new building intended to be occupied by an "adult-use cannabis cultivation center" [SR] shall comply with the architectural standards for an industrial building established within Chapter 19.14 of this title.
   F.   An "adult-use cannabis cultivation center" [SR] shall not be established as an accessory use or a component land use with any other land use, except another "adult-use cannabis business establishment" [SR], but not including with an "adult-use cannabis dispensing organization" [SR] or a "medical cannabis dispensing organization" [SR].
   G.   In addition to those documents required for any application for a conditional use, an application for a conditional use for an "adult-use cannabis cultivation center" [SR] shall also include:
      a.   A complete copy of all applications and plans submitted for required state licenses;
      b.   An inventory control plan;
      c.   A floor plan;
      d.   A plan for the removal, recycling, disposal, and/or destruction of cannabis waste; and
      e.   A security and outdoor lighting plan.  The Elgin Police Department shall review the items required by this subsection and forward its recommendation regarding same to the Planning & Zoning Commission prior to the public hearing for the conditional use.
   H.   Signage shall comply with the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, regulations promulgated thereunder, and this Title.
   I.   Before the issuance of an occupancy permit or otherwise opening to the public, an "adult-use cannabis cultivation center" [SR] must file a copy of all required state licenses to operate as an "adult-use cannabis cultivation center" [SR] with the Development Administrator.
ADULT-USE CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. Such facility shall comply with all regulations provided within the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, regulations promulgated thereunder, and the regulations provided within this Code. An "adult-use cannabis cultivation center" [SR] shall also be subject to the following supplementary regulations:
   A.   In addition to all state-imposed minimum distance limits, an "adult-use cannabis dispensing organization" [SR] shall not be located within two hundred fifty feet (250') of the property line of a pre-existing public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility, college, or university, or a publicly owned or operated park or forest preserve. The two hundred fifty foot (250') distance limit in this subsection A shall be measured in a straight line from the nearest "lot line" [SR] of the "adult-use cannabis dispensing organization" [SR] to the nearest "lot line" [SR] of the "land use" [SR] from which the setback is sought; provided that if a "adult-use cannabis dispensing organization" [SR] is to be situated in a distinct tenant space within a multi-tenant building, then the setback described in this subsection A shall be measured from the nearest demising wall of the distinct tenant space within the building in which the "adult-use cannabis dispensing organization" [SR] is proposed to the nearest "lot line" [SR] of the "land use" [SR] from which the setback is sought.
   B.   On-premises consumption of cannabis or a product-containing cannabis is prohibited. A sign, at least eight and one-half (8.5) inches by eleven (11) inches, shall be posted inside, at a location clearly visible to patrons, with the following language, "Smoking, eating, drinking, or other forms of consumption of cannabis or products containing cannabis is prohibited anywhere inside or on the grounds of this establishment."
   C.   An "adult-use cannabis dispensing organization" [SR] shall not be located within a house, apartment, condominium, or an area zoned for residential use.
   D.   Any new building intended to be occupied by an "adult-use cannabis dispensing organization" [SR] shall comply with the architectural standards for a commercial building established within Chapter 19.14 of this title.
   E.   An "adult-use cannabis dispensing organization" [SR] shall not be established as an accessory use or a component land use with any other land use, except a "medical cannabis dispensing organization" [SR].
   F.   An "adult-use cannabis dispensing organization" [SR] shall not include a "drive through facility" [SR].
   G.   In addition to those documents required for any application for a conditional use, an application for a conditional use for an "adult-use cannabis dispensing organization" [SR] shall also include:
      a.   A complete copy of all applications and plans submitted for required state licenses;
      b.   An inventory control plan;
      c.   A floor plan;
      d.   A plan for the removal, recycling, disposal, and/or destruction of cannabis waste; and
      e.   A security and outdoor lighting plan.  The Elgin Police Department shall review the items required by this subsection and forward its recommendation regarding same to the Planning & Zoning Commission prior to the public hearing for the conditional use.
   H.   Signage shall comply with the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, regulations promulgated thereunder, and this Title.
   I.   Before the issuance of an occupancy permit or otherwise opening to the public, an "adult-use cannabis dispensing organization" [SR] must file a copy of all required state licenses to operate as an "adult-use cannabis dispensing organization" [SR] with the Development Administrator.
ADULT-USE CANNABIS INFUSER ORGANIZATION OR INFUSER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. Such facility shall comply with all regulations provided within the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, regulations promulgated thereunder, and the regulations provided within this Code. An "adult-use cannabis infuser organization or infuser" [SR] shall also be subject to the following supplementary regulations:
   A.   In addition to all state-imposed minimum distance limits, an "adult-use cannabis infuser organization or infuser" [SR] shall not be located within two hundred fifty feet (250') of the property line of a pre-existing public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility, college, or university, or a publicly owned or operated park or forest preserve. The two hundred fifty foot (250') distance limit in this subsection A shall be measured in a straight line from the nearest "lot line" [SR] of the "adult-use cannabis infuser organization or infuser" [SR] to the nearest "lot line" [SR] of the "land use" [SR] from which the setback is sought; provided that if a "adult-use cannabis infuser organization or infuser" [SR] is to be situated in a distinct tenant space within a multi-tenant building, then the setback described in this subsection A shall be measured from the nearest demising wall of the distinct tenant space within the building in which the "adult-use cannabis infuser organization or infuser" [SR] is proposed to the nearest "lot line" [SR] of the "land use" [SR] from which the setback is sought.
   B.   On-premises consumption of cannabis or a product-containing cannabis is prohibited. A sign, at least eight and one-half (8.5) inches by eleven (11) inches, shall be posted inside, at a location clearly visible to patrons, with the following language, "Smoking, eating, drinking, or other forms of consumption of cannabis or products containing cannabis is prohibited anywhere inside or on the grounds of this establishment."
   C.   An "adult-use cannabis infuser organization or infuser" [SR] shall not be located within a house, apartment, condominium, or an area zoned for residential use.
   D.   All aspects of an "adult-use cannabis infuser organization or infuser" [SR] shall be contained within a completely enclosed building. In addition to those documents required for any application for a conditional use, an application for a conditional use for an "adult-use cannabis infuser organization or infuser" [SR] shall also include an odor control plan.
   E.   Any new building intended to be occupied by an "adult-use cannabis infuser organization or infuser" [SR] shall comply with the architectural standards for an industrial building established within Chapter 19.14 of this title.
   F.   An "adult-use cannabis infuser organization or infuser" [SR] shall not be established as an accessory use or a component land use with any other land use, except another "adult-use cannabis business establishment" [SR], but not including with an "adult-use cannabis dispensing organization" [SR] or a "medical cannabis dispensing organization" [SR].
   G.   In addition to those documents required for any application for a conditional use, an application for a conditional use for an "adult-use cannabis infuser organization or infuser" [SR] shall also include:
      a.   A complete copy of all applications and plans submitted for required state licenses;
      b.   An inventory control plan;
      c.   A floor plan;
      d.   A plan for the removal, recycling, disposal, and/or destruction of cannabis waste; and
      e.   A security and outdoor lighting plan.  The Elgin Police Department shall review the items required by this subsection and forward its recommendation regarding same to the Planning & Zoning Commission prior to the public hearing for the conditional use.
   H.   Signage shall comply with the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, regulations promulgated thereunder, and this Title.
   I.   Before the issuance of an occupancy permit or otherwise opening to the public, an "adult-use cannabis infuser organization or infuser" [SR] must file a copy of all required state licenses to operate as an "adult-use cannabis infuser organization or infuser" [SR] with the Development Administrator.
ADULT-USE CANNABIS PROCESSING ORGANIZATION OR PROCESSOR: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. Such facility shall comply with all regulations provided within the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, regulations promulgated thereunder, and the regulations provided within this Code. An "adult-use cannabis processing organization or processor" [SR] shall also be subject to the following supplementary regulations:
   A.   In addition to all state-imposed minimum distance limits, an "adult-use cannabis processing organization or processor" [SR] shall not be located within two hundred fifty feet (250') of the property line of a pre-existing public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility, college, or university, or a publicly owned or operated park or forest preserve. The two hundred fifty foot (250') distance limit in this subsection A shall be measured in a straight line from the nearest "lot line" [SR] of the "adult-use cannabis processing organization or    processor" [SR] to the nearest "lot line" [SR] of the "land use" [SR] from which the setback is sought; provided that if a "adult-use cannabis processing organization or processor" [SR] is to be situated in a distinct tenant space within a multi-tenant building, then the setback described in this subsection A shall be measured from the nearest demising wall of the distinct tenant space within the building in which the "adult-use cannabis processing organization or processor" [SR] is proposed to the nearest "lot line" [SR] of the "land use" [SR] from which the setback is sought.
   B.   On-premises consumption of cannabis or a product-containing cannabis is prohibited. A sign, at least eight and one-half (8.5) inches by eleven (11) inches, shall be posted inside, at a location clearly visible to patrons, with the following language, "Smoking, eating, drinking, or other forms of consumption of cannabis or products containing cannabis is prohibited anywhere inside or on the grounds of this establishment."
   C.   An "adult-use cannabis processing organization or processor" [SR] shall not be located within a house, apartment, condominium, or an area zoned for residential use.
   D.   All aspects of an "adult-use cannabis processing organization or processor" [SR] shall be contained within a completely enclosed building. In addition to those documents required for any application for a conditional use, an application for a conditional use for an "adult-use cannabis processing organization or processor" [SR] shall also include an odor control plan.
   E.   Any new building intended to be occupied by an "adult-use cannabis processing organization or processor" [SR] shall comply with the architectural standards for an industrial building established within Chapter 19.14 of this title.
   F.   An "adult-use cannabis processing organization or processor" [SR] shall not be established as an accessory use or a component land use with any other land use, except another "adult-use cannabis business establishment" [SR], but not including with an "adult-use cannabis dispensing organization" [SR] or a "medical cannabis dispensing organization" [SR].
   G.   In addition to those documents required for any application for a conditional use, an application for a conditional use for an "adult-use cannabis processing organization or processor" [SR] shall also include:
      a.   A complete copy of all applications and plans submitted for required state licenses;
      b.   An inventory control plan;
      c.   A floor plan;
      d.   A plan for the removal, recycling, disposal, and/or destruction of cannabis waste; and
      e.   A security and outdoor lighting plan.  The Elgin Police Department shall review the items required by this subsection and forward its recommendation regarding same to the Planning & Zoning Commission prior to the public hearing for the conditional use.
   H.   Signage shall comply with the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, regulations promulgated thereunder, and this Title.
   I.   Before the issuance of an occupancy permit or otherwise opening to the public, an "adult-use cannabis processing organization or processor" [SR] must file a copy of all required state licenses to operate as an "adult-use cannabis processing organization or processor" [SR] with the Development Administrator.
ADULT-USE CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER: An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. Such facility shall comply with all regulations provided within the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, regulations promulgated thereunder, and the regulations provided within this Code. An "adult-use cannabis transporting organization or transporter" [SR] shall also be subject to the following supplementary regulations:
   A.   In addition to all state-imposed minimum distance limits, an "adult-use cannabis transporting organization or transporter" [SR] shall not be located within two hundred fifty feet (250') of the property line of a pre-existing public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility, college, or university, or a publicly owned or operated park or forest preserve. The two hundred fifty foot (250') distance limit in this subsection A shall be measured in a straight line from the nearest "lot line" [SR] of the "adult-use cannabis transporting organization or transporter" [SR] to the nearest "lot line" [SR] of the "land use" [SR] from which the setback is sought; provided that if a "adult-use cannabis transporting organization or transporter" [SR] is to be situated in a distinct tenant space within a multi-tenant building, then the setback described in this subsection A shall be measured from the nearest demising wall of the distinct tenant space within the building in which the "adult-use cannabis transporting organization or transporter" [SR] is proposed to the nearest "lot line" [SR] of the "land use" [SR] from which the setback is sought.
   B.   On-premises consumption of cannabis or a product-containing cannabis is prohibited. A sign, at least eight and one-half (8.5) inches by eleven (11) inches, shall be posted inside, at a location clearly visible to patrons, with the following language, "Smoking, eating, drinking, or other forms of consumption of cannabis or products containing cannabis is prohibited anywhere inside or on the grounds of this establishment."
   C.   An "adult-use cannabis transporting organization or transporter" [SR] shall not be located within a house, apartment, condominium, or an area zoned for residential use.
   D.   All aspects of an "adult-use cannabis transporting organization or transporter" [SR] shall be contained within a completely enclosed building, except for the authorized parking and storage of delivery vehicles.
   E.   Any new building intended to be occupied by an "adult-use cannabis transporting organization or transporter" [SR] shall comply with the architectural standards for an industrial building established within Chapter 19.14 of this title.
   F.   An "adult-use cannabis transporting organization or transporter" [SR] shall not be established as an accessory use or a component land use with any other land use, except another "adult-use cannabis business establishment" [SR], but not including with an "adult-use cannabis dispensing organization" [SR] or a "medical cannabis dispensing organization" [SR].
   G.   In addition to those documents required for any application for a conditional use, an application for a conditional use for an "adult-use cannabis transporting organization or transporter" [SR] shall also include:
      a.   A complete copy of all applications and plans submitted for required state licenses;
      b.   An inventory control plan;
      c.   A floor plan;
      d.   A plan for the removal, recycling, disposal, and/or destruction of cannabis waste; and
      e.   A security and outdoor lighting plan.  The Elgin Police Department shall review the items required by this subsection and forward its recommendation regarding same to the Planning & Zoning Commission prior to the public hearing for the conditional use.
   H.   Signage shall comply with the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, regulations promulgated thereunder, and this Title.
   I.   Before the issuance of an occupancy permit or otherwise opening to the public, an "adult-use cannabis transporting organization or transporter" [SR] must file a copy of all required state licenses to operate as an "adult-use cannabis transporting organization or transporter" [SR] with the Development Administrator.
ALCOHOLIC LIQUOR: Shall, in addition to its definition in the liquor control act, include the following: any beverage containing any alcoholic content, including those beverages commonly known as or marketed as "near beer", "nonalcoholic beer", or "nonalcoholic wine".
ALCOHOLIC LIQUOR, ACCESSORY PACKAGE LIQUOR SALES ESTABLISHMENT: A business having as a subordinate purpose the retail sales of "alcoholic liquors" in original package for consumption off premises.
"Accessory package liquor sales establishments" shall be subject to the following conditions:
   A.   Off Street Parking: No "accessory package liquor sales establishment" shall be located on a "zoning lot" in the CC1 center city district nor in the CC2 center city district unless the minimum number of parking spaces are provided on said "zoning lot" as required under section 19.45.080 of this title, as amended, or unless the zoning lot is located within two hundred fifty feet (250') of a municipal off street parking facility.
ALCOHOLIC LIQUOR, PACKAGE LIQUOR SALES ESTABLISHMENT: A business having as its primary purpose the retail sales of "alcoholic liquors" in original package for consumption off premises.
"Package liquor sales establishments" shall be subject to the following conditions:
   A.   Off Street Parking: No "package liquor sales establishment" shall be located on a "zoning lot" in the CC1 center city district nor in the CC2 center city district unless the minimum number of parking spaces are provided on said "zoning lot" as required under section 19.45.080 of this title, as amended, or unless the zoning lot is located within two hundred fifty feet (250') of a municipal off street parking facility.
ALLEY: A right of way not exceeding twenty four feet (24') in width, which provides a secondary means of access to adjoining property. No alley shall be considered a "street" [SR].
ALTERATION, STRUCTURAL: See "Structural Alterations" in this Section.
AMATEUR RADIO ANTENNA: See "Antenna, Amateur Radio" in this Section.
ANTENNA: Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves.
ANTENNA, AMATEUR RADIO: An "accessory" [SR] "antenna" [SR] or "antenna structure" [SR] utilized by amateur radio operators licensed by the Federal Communications Commission or utilized by citizen band radio operators. No amateur radio antenna or antenna structure, whether mounted on a rooftop or on the ground, shall exceed the height of seventy five (75) linear feet above the ground. There shall be a maximum of one amateur radio antenna located on a "zoning lot" [SR].
ANTENNA, COMMERCIAL: Any "antenna" [SR] or "antenna structure" [SR], which is not used exclusively for broadcast radio and television reception, which is not an "amateur radio antenna" [SR] or antenna structure, which is not a citizen band radio antenna or antenna structure, and which is not a "microcellular commercial antenna" [SR].
ANTENNA, MICROCELLULAR COMMERCIAL: An "antenna" [SR] or "antenna structure" [SR] utilized exclusively for telephone communications systems. Microcellular commercial antennas and antenna structures shall be considered "treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR], subject to the following supplementary regulations:
   A.   Mounted On Existing Structures: Where a microcellular commercial antenna or antenna structure is located on an existing structure, the maximum dimension of the antenna structure, whether height, length, width, or diameter shall not exceed two (2) linear feet. No microcellular commercial antenna or antenna structure located on the face of a structure shall cover or interrupt any major architectural feature, such as doors, windows, or decorative architectural elements. Accessory equipment shall be either roof-mounted or located within an enclosed building.
   B.   Mounted On Poles: Where the microcellular commercial antenna or antenna structure is pole-mounted the maximum height of the antenna, the antenna structure, and the pole shall not exceed thirty (30) linear feet above the average grade at the foundation of such pole. Accessory equipment shall be located within enclosed cabinets.
ANTENNA, RADIO AND TELEVISION: An "accessory" [SR] "antenna structure" [SR] utilized for broadcast radio and television reception. Radio and television antennas shall be subject to the following supplementary regulations:
   A.   Size: The maximum dimension of a radio and television antenna structures, whether height, length, width or diameter, shall not exceed twelve (12) linear feet.
   B.   Number: The maximum number of radio and television antenna structures for each "zoning lot" [SR] shall be as follows:
      1.   One antenna structure for each "single-family detached dwelling" [SR] or for each "single-family attached dwelling" [SR].
      2.   Two (2) antenna structures for each "two-family dwelling" [SR].
      3.   One antenna structure for each "multiple-family dwelling" [SR], except for single-family attached dwellings which are regulated otherwise.
      4.   One antenna structure for each tenant in a single-story "principal building" [SR] utilized by nonresidential land uses.
      5.   One antenna structure for each multiple-story principal building utilized by nonresidential land uses.
   C.   Location: Radio and television antenna structures shall be mounted on a "building" [SR] and shall be located on the roof. No radio and television antenna structure shall be mounted to any other type of "structure" [SR], except a building.
ANTENNA, SATELLITE DISH: The disc type of "antenna structure" [SR]. Satellite dish antennas shall be subject to the following supplementary regulations:
   A.   Size And Number: The maximum dimension of a satellite dish antenna, whether height, length, width, or diameter, shall not exceed twelve (12) linear feet. In the residence conservation districts and the residence districts, a maximum of one satellite dish antenna shall be allowed for each "principal building" [SR] on a "zoning lot" [SR]. In all other standard zoning districts, a maximum of two (2) satellite dish antennas shall be allowed for each "principal building" [SR] on a "zoning lot, unless the antenna complies with all of the provisions of "Antennas And Antenna Structures Mounted On Existing Structures, Commercial" or "Antenna Tower, Commercial" in this Section.
   B.   Location; Building-Mounted: Satellite dish antennas mounted on a building shall be located on the roof, and the "antenna structure" [SR] shall not extend above the highest point of a hip, gable, or mansard roof. No antenna structure shall be mounted on that portion of a sloping roof which is visible from an adjoining public right of way. An antenna structure mounted on a flat roof shall be located at that point which is the farthest distance from an adjoining public right of way. No satellite dish antenna structure shall be mounted to any other type of "structure" [SR], unless the antenna complies with all of the provisions of "Antennas And Antenna Structures Mounted On Existing Structures, Commercial" or "Antenna Tower, Commercial" in this Section.
   C.   Location; Ground-Mounted: Satellite dish antennas mounted on the ground shall be located within the rear yard of a zoning lot. The antenna structure shall be located a minimum of ten (10) linear feet from any "lot line" [SR]. Any portion of a ground- mounted satellite dish antenna structure located within twenty feet (20') of a zoning lot within a residence conservation district or a residence district shall be screened from view by such adjoining zoning lot with a solid fence constructed and maintained at a minimum of five (5) linear feet in height, or with a densely planted, solid evergreen hedge planted and maintained at a minimum of five (5) linear feet in height.
ANTENNA STRUCTURE: An antenna and any mast, pole, tripod, tower, concrete foundation or similar structure utilized in extending or supporting an antenna.
ANTENNA TOWER, COMMERCIAL: A "commercial antenna" [SR] or commercial "antenna structure" [SR] mounted on any type of structure which exceeds twenty (20) linear feet in combined height, where the sole purpose of such structure is to increase the height of the commercial antenna or antenna structure. Commercial antenna towers shall be subject to the following supplementary regulations:
Any type, size, or number of commercial antennas or antenna structures may be located on a commercial antenna tower. Any type, size, or number of commercial antenna towers may be located on a "zoning lot" [SR].
Commercial antenna towers shall be located a minimum distance in an amount equal to the height of the commercial antenna tower from any residence conservation district, any residence district, any community facility district, any business district, or the CI Commercial Industrial District.
All accessory equipment shall be located within an enclosed building or where such equipment is located on the ground shall be screened on all sides, as may be approved by the Development Administrator.
ANTENNA TOWER, CONDITIONAL COMMERCIAL: Any type of "commercial antenna tower" [SR] which does not conform to all of the provisions of "Antenna Tower, Commercial" in this Section, or any other provision of this Title. Conditional commercial antenna towers shall be considered a "conditional use" [SR] and shall be subject to the provisions of Chapter 19.65 of this Title.
ANTENNAS AND ANTENNA STRUCTURES MOUNTED ON EXISTING STRUCTURES, COMMERCIAL: Any "commercial antenna" [SR] or commercial "antenna structure" [SR], which is not a "commercial antenna tower" [SR], and which is located on an existing structure.
Any type, size, or number of commercial antennas or antenna structures, except a "commercial antenna tower" [SR], may be mounted on any existing structure provided that each antenna and antenna structure is located a minimum of sixty (60) linear feet above the average grade at the foundation of such existing structure. Accessory equipment shall be either roof-mounted or located within an "enclosed building" [SR].
Where the commercial antenna or antenna structure is located a minimum of twenty four (24) linear feet, but less than sixty (60) linear feet above the average grade at the foundation of such existing structure, the commercial antenna or antenna structure shall be subject to the following supplementary regulations:
   A.   Size: The maximum dimension of the commercial antenna, whether height, length, width, or diameter shall not exceed fifteen (15) linear feet. The maximum height of the antenna structure shall not exceed twenty (20) linear feet.
   B.   Number: There shall be a maximum of one array or system of commercial antennas or antenna structures for each existing structure.
   C.   Location: Commercial antennas and antenna structures located on the face of an existing structure shall not project more than two (2) linear feet from the vertical plane of the face of such structure, as measured perpendicular to such vertical plane. No commercial antenna or antenna structure located on the face of a structure shall cover or interrupt any major architectural feature, such as doors, windows, or decorative architectural elements, nor extend above the highest point of the structure face on which it is located.
Accessory equipment shall be either roof-mounted or located within an enclosed building.
Where the commercial antenna or antenna structure is located less than twenty four (24) linear feet above the average grade at the foundation of such existing structure, the commercial antenna or antenna structure shall be subject to the following supplementary regulations:
   A.   Size: The maximum dimension of the commercial antenna and antenna structure, whether height, length, width, or diameter shall not exceed two (2) linear feet.
   B.   Number: There shall be a maximum of one array of commercial antennas or antenna structures for each existing structure.
   C.   Location: Commercial antennas and antenna structures located on the face of an existing structure shall not project more than two (2) linear feet from the vertical plane of the face of such structure, as measured perpendicular to such vertical plane. No commercial antenna or antenna structure located on the face of a structure shall cover or interrupt any major architectural feature, such as doors, windows, or decorative architectural elements, nor extend above the highest point of the structure face on which it is located.
Accessory equipment shall be located within an enclosed building.
ANTENNAS AND ANTENNA STRUCTURES MOUNTED ON EXISTING STRUCTURES, CONDITIONAL COMMERCIAL: Any type of "commercial antenna and antenna structure mounted on existing structures" [SR], which does not conform to all of the provisions of "Antennas And Antenna Structures Mounted On Existing Structures, Commercial" in this Section or any other of the provisions of this Title. Conditional commercial antennas and antenna structures mounted on existing structures shall be considered a "conditional use" [SR] and shall be subject to the provisions of Chapter 19.65 of this Title.
ANTENNAS, OTHER RADIO AND TELEVISION: Any "accessory" [SR] "antenna structure" [SR] utilized for broadcast radio and television reception, which does not conform to the provisions of "Antenna, Radio And Television" in this Section. Other radio and television antennas shall be considered a "conditional use" [SR] and shall be subject to the provisions of Chapter 19.65 of this Title. As a conditional use, priority shall be given to screening "other radio and television antennas" from the view of adjoining property and public rights of way.
ANTENNAS, OTHER SATELLITE DISH: Any "accessory" [SR] disc type of "antenna structure" [SR] utilized for broadcast radio and television reception, which does not conform to the provisions of "Antenna, Satellite Dish" in this Section. Other satellite dish antennas shall be considered a "conditional use" [SR] and shall be subject to the provisions of Chapter 19.65 of this Title. As a conditional use, priority shall be given to screening "other satellite dish antennas" from the view of adjoining property and public rights of way.
APARTMENT DWELLING: See "Dwelling, Apartment" in this Section.
APARTMENT HOTEL: See "Hotel, Apartment" in this Section.
ARTERIAL STREET: See "Street, Arterial" in this Section.
ATTACHED DWELLING: See "Dwelling, Attached" in this Section.
BASEMENT: A portion of a "building" [SR] located partly underground, but having less than half its clear floor-to-ceiling height below the average grade of the adjoining ground.
BED AND BREAKFAST INN: A "single-family dwelling" [SR] or portion thereof, where "lodging rooms" [SR] for occupancy by transients are provided at a daily rate of compensation for a maximum of seven (7) consecutive days, and where meals are provided for compensation. The operator of the inn shall reside on the same "zoning lot" [SR] on which the inn is located. No lodging room shall have cooking facilities. Bed and breakfast inns shall be located on an "arterial street" [SR].
BLOCK: Land bounded by public rights of way, railroad rights of way, unsubdivided land, public land, watercourses, corporate boundary lines, any other barrier to the continuity of development, or any combination thereof.
BUILDABLE AREA: The area of a "zoning lot" [SR] on which a "building" [SR] may be located in square feet minus the area of the "yards" [SR] in square feet, as established by the required minimum building "setbacks" [SR] from a "street lot line" [SR], an "interior lot line" [SR], a "side lot line" [SR], a "rear lot line" [SR], or a "transitional lot line" [SR].
BUILDING: Any structure with a pervious or impervious roof, designed and intended to shelter persons or personal property, and where the interior areas of such a structure are accessible to persons.
BUILDING, ACCESSORY: A "detached building" [SR] or a portion of a "principal building" [SR]; which is "accessory" [SR] to, and less important in area and extent than the "principal building" [SR]; and in which a "land use" [SR], "accessory" [SR] to the principal use of the "zoning lot" [SR] is conducted. Such accessory building shall be located on the same zoning lot as the principal building. An accessory building shall be considered as an "accessory structure" [SR].
BUILDING COVERAGE: The sum of the gross horizontal area of the ground floor measured in square feet from the exterior faces of the exterior walls of all "buildings" [SR] on a "zoning lot" [SR]. Building coverage shall include "accessory building coverage" [SR].
BUILDING COVERAGE, ACCESSORY: The sum of the gross horizontal area of the ground floor measured in square feet from the exterior faces of the exterior walls of all "accessory buildings" [SR] on a "zoning lot" [SR].
BUILDING COVERAGE RATIO: The numerical site capacity value obtained by dividing the "building coverage" [SR] on a "zoning lot" by the "zoning lot area" [SR] of such zoning lot.
BUILDING COVERAGE RATIO, ACCESSORY: The numerical site capacity value obtained by dividing the "accessory building coverage" [SR] of a "zoning lot" [SR] by the "zoning lot area" [SR] of such zoning lot.
BUILDING, DETACHED: A "building" [SR] surrounded by open space on the same "zoning lot" [SR].
BUILDING, ENCLOSED: A "building" [SR] separated on all sides from the adjoining open space, or from other buildings or other structures, by a permanent roof and by exterior walls having only windows and normal entrance or exit doors, or by party walls.
BUILDING HEIGHT: See "Height, Building" in this Section.
BUILDING LINE: "Building line" or "building setback line" or "setback line" shall mean a line parallel with a "lot line" [SR], which delineates the required minimum "building" [SR] "setback" [SR] from a "street lot line" [SR], a "side lot line" [SR], an "interior lot line" [SR], or a "rear lot line" [SR] to the face of all buildings located on a "zoning lot" [SR].
BUILDING, NONCONFORMING: See "Structure Or Building, Nonconforming" in this Section.
BUILDING, PRINCIPAL: A "detached and enclosed building" [SR], which is most important in area and extent to all other "buildings" [SR] located on a "zoning lot" [SR], or shall mean a detached and enclosed building in which the "principal use" [SR] of a zoning lot is conducted.
A building which is partitioned completely by an "accessory building" [SR] into two (2) or more portions shall be considered more than one principal building.
BUSINESS: An occupation, employment, or enterprise which occupies time, attention, labor and materials, or wherein merchandise is exhibited, bought or sold, or where services are offered for compensation.
CANNABIS TESTING FACILITY:  A facility or portion thereof operated by an organization or business that is licensed by the Illinois Department of Agriculture to test cannabis for potency and contaminants, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. Such facility shall comply with all regulations provided within the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, regulations promulgated thereunder, and the regulations provided within this Code. A "cannabis testing facility" [SR] shall be subject to the following supplementary regulation:
   A.   Whenever cannabis or cannabis-infused products are not being actively tested, any cannabis or cannabis-infused products shall be moved to and stored in an enclosed locked space as defined within the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
   B.   Signage shall comply with the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, regulations promulgated thereunder, and this Title.
CANOPY: An "accessory building" [SR], which is not an "enclosed building" [SR], which is totally or partially supported by poles or columns, which extend to the ground.
CAR WASH: Any land, "structure" [SR], "building" [SR] or portion thereof containing facilities for washing, cleaning, polishing, waxing, or drying one or more "motor vehicles" [SR] using production line methods with a chain conveyor, blower, steam cleaning equipment, or other mechanical device; or providing space, water, equipment, or soap for the complete or partial hand washing of a motor vehicle. Car washes may include open vacuum bays and a maximum of one open wash bay. The open wash bay shall be screened on both sides by a minimum six foot (6') wall of the same construction material as the "principal building" [SR].
CELLAR: The portion of a "building" [SR] located partly or wholly underground, and having half or more of its clear floor-to- ceiling height below the average grade of the adjoining ground.
CENTER CITY USED MERCHANDISE STORE: See "Used Merchandise Store, Center City" in this section.
CHANGE IN USE: See "Use, Change In" in this section.
CITY ENGINEER: See chapter 19.80 of this title.
CODE ENFORCEMENT OFFICER: See chapter 19.80 of this title.
COLLECTOR STREET: See "Street, Collector" in this section.
COMMERCIAL ANTENNA: See "Antenna, Commercial" in this section.
COMMERCIAL ANTENNA TOWER: See "Antenna Tower, Commercial" in this section.
COMMERCIAL ANTENNAS AND ANTENNA STRUCTURES MOUNTED ON EXISTING STRUCTURES: See "Antennas And Antenna Structures Mounted On Existing Structures, Commercial" in this section.
COMMERCIAL OPERATIONS YARD: A "yard" [SR] or a "building" [SR], which is open to the adjoining open space on one or more sides, utilized for the storage of "motor vehicles" [SR], equipment, or materials necessary for and "accessory" [SR] to the "principal use" [SR] served; utilized as a "motor vehicle impoundment yard" [SR]; utilized as a "motor vehicle recycling yard" [SR]; or utilized as a "recycling yard" [SR]. No commercial operations yard shall be utilized as a "junkyard" [SR] or as a "motor vehicle wrecking yard" [SR]. Commercial operations yards shall be subject to the following supplementary regulations:
   A.   Setbacks: No commercial operations yard shall be located within a required "building" [SR] "setback" [SR] from a "street lot line" [SR] or a "transition lot line" [SR]. Commercial operations yards shall be setback a minimum of ten (10) linear feet from any "interior lot line" [SR].
   B.   Surfacing: Commercial operations yards shall be improved with a minimum eight inch (8") compacted gravel base with a type A3 sealcoat overlay or an equivalent as approved by the city engineer. Where heavy equipment is driven within a commercial operations yard, the surface may be improved with a minimum twenty four inch (24") compacted gravel surface as approved by the "development administrator" [SR] or an equivalent as approved by the "city engineer" [SR].
   C.   Dust Control: Where a gravel surface is approved by the development administrator and the city engineer, dust control for the commercial operations yard shall be provided including an application of calcium chloride or an equivalent approved by the Illinois department of transportation and the city engineer. Reapplications of the dust control measures shall be made at the direction of the "code enforcement officer" [SR].
   D.   Stormwater Control: Stormwater control for a commercial operations yard shall be subject to the provisions of title 21 of this code.
      1.   Seal Coat Or Other Impervious Surfaces: Surface water shall be discharged into an adequate storm sewer system, or alternate drainage system if storm sewer is not available. Drainage shall not be permitted to flow directly across sidewalks. The intent of this section is to provide for the collection of stormwater within the commercial operations yard versus the overland flow of water onto public rights of way or onto adjoining property. The city engineer may require that the facilities be designed with on site stormwater detention capabilities where the existing storm sewer system has insufficient capacity.
      2.   Gravel Surface: Where a gravel surface is approved by the development administrator and the city engineer, no stormwater shall be allowed to flow overland onto adjoining public rights of way or onto adjoining property. Stormwater shall be directed to and collected in an on site retention/settling facility, as approved by the city engineer.
   E.   Screening: A commercial operations yard shall be screened on all sides not adjoining an "enclosed building" [SR] by a "solid fence" [SR] constructed and maintained at a minimum "structure height" [SR] of six feet (6'). No materials or equipment shall be stored at a height greater than the height of the screening fence; except that when there is no reasonable alternative, material or equipment may be stored at a height greater than the height of the screening fence, provided that the commercial operations yard is setback a minimum of one additional linear foot from all interior lot lines for each one foot (1') of storage height above the screening fence. No chainlink or mesh type of fence with "inserted screening slats" shall be acceptable in complying with the provisions of this section.
   F.   Landscaping:
      1.   Trees; Type: Required trees shall be of an approved type, shall measure not less than two inches (2") in diameter, nor less than ten feet (10') in height, and shall include a minimum of four (4) species. The following trees shall not be permitted: American elms, Chinese elms, cottonwood, box elders, silver maples, poplars in variety, willows in variety, or other similar fast growing brittle wood species.
      2.   Trees; Number And Location: Trees shall be planted within the required setbacks from a "lot line" [SR]. The number of required trees shall be calculated by dividing the total linear footage on all sides of the commercial operations yard by fifty feet (50'), but shall not be less than two (2) trees for each side. That part of any side of a commercial operations yard immediately adjoining the building which the yard serves shall not be included in the calculation. Required trees may be clustered as approved by the development administrator.
      3.   Shrubs; Type: Required shrubs shall be of an approved type and shall be maintained at not less than two feet (2') in height at any location and not more than three feet (3') in height within any required "setback" [SR] from a "street lot line" [SR].
      4.   Shrubs; Number And Location: A commercial operations yard shall be landscaped with shrubs along fifty percent (50%) of each exterior side of the required screening fence, excepting along that part of any side immediately adjoining the building which the yard serves. Three (3) shrubs shall be required for each ten feet (10') of the perimeter of the yard. Plant material may be clustered as approved by the development administrator. Those portions of the landscaped areas containing no trees or shrubs shall be landscaped with grass or other suitable ground cover. The landscaped areas shall be maintained free of litter and weeds, and all dead and unsightly plant material shall be replaced.
COMMON HOUSEHOLD: The joint occupancy and use of an entire "dwelling unit" [SR] and the facilities therein, with the exception of bedrooms, by all of the residents.
CONDITIONAL COMMERCIAL ANTENNA TOWER: See "Antenna Tower, Conditional Commercial" in this section.
CONDITIONAL COMMERCIAL ANTENNAS AND ANTENNA STRUCTURES MOUNTED ON EXISTING STRUCTURES: See "Antennas And Antenna Structures Mounted On Existing Structures, Conditional Commercial" in this section.
CONDITIONAL USE: See "Use, Conditional" in this section.
CONTRACTOR'S OFFICE AND EQUIPMENT AREAS: Land, structures, and buildings used for the storage of construction materials and equipment incidental and necessary to development and construction. Contractor's office and equipment areas shall be located on the same property where development or construction is occurring, or on contiguous property. Contractor's office and equipment areas shall be in operation for a period of time not to exceed such development or construction and shall comply with all applicable codes and ordinances, except chapter 19.45 of this title.
CORNER LOT: See "Lot, Corner" in this section.
DAYCARE SERVICE, HOME CHILD: Service "accessory" [SR] to a "dwelling unit" [SR] which receives a license from the state department of children and family services for not more than eight (8) children for care during the day. The maximum number of children under age eighteen (18) being cared for, including the family's natural or adopted children, shall not exceed eight (8).
DAYCARE SERVICE, INSTITUTIONAL CHILD: A child daycare service which receives a license from the state department of children and family services operated in conjunction with or "accessory" [SR] to an institutional facility such as, but not limited to, schools and churches.
DENSITY, GROSS: The numerical site capacity value obtained by dividing the total number of "dwelling units" [SR] on a "zoning lot" [SR] by the area of such zoning lot.
DENSITY, NET: The numerical site capacity value obtained by dividing the total number of "dwelling units" [SR] on a "zoning lot" [SR] by the area of such zoning lot, excluding nonresidential uses, public and private rights of way for "streets" [SR], wetlands, watercourses, and open space which has been designated in compliance with title 17 of this code.
DETACHED DWELLING: See "Dwelling, Detached" in this section.
DEVELOPMENT ADMINISTRATOR: See chapter 19.80 of this title.
DEVELOPMENT SALES OFFICE: A building or portion thereof used as a real estate "office" [SR] for the sale of land or "buildings" [SR] located within a new subdivision or planned development during development and construction. The development sales office shall be located on the same property where development or construction is occurring, or on contiguous property. Development sales offices shall be in operation for a period of time not to exceed such development or construction. Development sales offices shall comply with all applicable codes and ordinances with the following exceptions for off street parking:
The required number of parking spaces for an office use shall be provided. The calculation for the required number of parking spaces shall be based on the "floor area" [SR] given exclusively to the office use. The required number of parking spaces shall be constructed in conformance to chapter 19.45 of this title. Additional parking may be provided and may have a gravel surface and need not be landscaped. Dust control for such additional parking with a gravel surface shall be provided and shall include an application of calcium chloride or an equivalent approved by the "city engineer" [SR]. Reapplications of the dust control measures shall be made at the direction of the "Code Enforcement Officer" [SR].
DIRECT LIGHT: Light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens, of a luminaire.
DRIVE THROUGH FACILITY: Any "vehicle use area" [SR] on which business is transacted directly with customers while the customers are located within in a "motor vehicle" [SR].
DRIVEWAY: The way of vehicular access from a public or private right of way or "street" [SR] to a "parking structure" [SR], a "parking lot" [SR], a "parking aisle" [SR], a "parking garage" [SR], or a "residential parking area" [SR]. Driveways shall adjoin and provide direct vehicular access to "parking stalls" [SR] located only within a parking garage or within a residential parking area. Driveways to parking structures and parking lots, which are designed and utilized for a two-way vehicular movement and which afford a primary means of access to two (2) or more "lots of record" [SR] shall be considered a street.
DUPLEX DWELLING: See "Dwelling, Duplex" in this section.
DUPLEX LOT: See "Lot, Duplex" in this section.
DWELLING: Any "building" [SR] or any portion thereof used exclusively as a "dwelling unit" [SR].
DWELLING, APARTMENT: A "building" [SR] or a portion thereof in which a "dwelling unit" [SR] or a portion thereof is located above or below another dwelling unit, or above or below any other independently used portion of the building.
DWELLING, ATTACHED: A "building" [SR] containing two (2) or more "dwelling units" [SR] where each dwelling unit is joined to another dwelling unit on one or more sides by a common wall. No dwelling unit or portion thereof within an attached dwelling shall be located above or below another dwelling unit. Each dwelling unit shall have its primary access to the outside on the ground floor.
DWELLING, DETACHED: A "building" [SR] containing one "dwelling unit" [SR], which is not attached to any other dwelling unit by any means and which is entirely surrounded by open space on the same "zoning lot" [SR].
DWELLING, DUPLEX: A "building" [SR] containing two (2) "dwelling units" [SR] where one dwelling unit is joined with the other dwelling unit on one side by a common wall. No dwelling unit or portion thereof within a duplex dwelling shall be located above or below another dwelling unit. Each dwelling unit shall have its primary access to the outside on the ground floor.
DWELLING, MOBILE HOME: A "single-family dwelling" [SR], which is manufactured off site, transportable in one or more sections, and built on a permanent chassis; but which is not constructed with a permanent hitch or other device allowing transport of the dwelling other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame.
DWELLING, MULTIPLE-FAMILY: A "building" [SR] or portion thereof containing three (3) or more "dwelling units" [SR] within an "attached dwelling" [SR] or within an "apartment dwelling" [SR].
DWELLING, ROOMING HOUSE: A "building" [SR], or a portion thereof, utilized as a "dwelling unit" [SR] which is the primary residence of the owner and which contains "lodging rooms" [SR] for occupancy at a monthly rate of compensation by permanent residents who are not related to the owner. A rooming house maintains a "common household" [SR]. Rooming house "dwellings" [SR] include boarding houses and lodging houses, but exclude "residential care" [SR].
DWELLING, SINGLE-FAMILY: A "building" [SR] containing one "dwelling unit" [SR].
DWELLING, TWO-FAMILY: A "building" [SR] containing two (2) "dwelling units" [SR] within an "attached dwelling" [SR], within a "duplex dwelling" [SR] or within a building where one dwelling unit is on the first floor and the second dwelling unit is on the second floor.
DWELLING UNIT: One or more rooms within a dwelling, which are designed, intended and used exclusively for human habitation within a "common household" [SR] for one "family" [SR]. Each dwelling unit shall have individualized and independent entrance, cooking, sleeping and sanitary facilities.
DWELLING UNIT, EFFICIENCY: A "dwelling unit" [SR] consisting of not more than one habitable room with adjoining cooking and sanitary facilities.
DWELLING, UPPER FLOOR APARTMENT: A "building" [SR] containing no "dwelling units" [SR] on the first floor, but one or more dwelling units on the upper floors.
EFFICIENCY DWELLING UNIT: See "dwelling unit, efficiency" in this section.
EMERGENCY SHELTER: A short term residential facility providing lodging and meals for no more than twelve (12) hours per day to homeless persons who provide positive identification pending attempts by such residents to find more permanent housing. Such shelters shall be adequately staffed during operating hours with minimal supportive services including mental health, housing, healthcare, recovery and education, and where no meals or other services are provided to nonresidents of the shelter. "Emergency shelter" shall not include any hotel or motel, hospital, nursing or personal care facility, "single-family dwelling", "two-family dwelling" or "multiple-family dwelling" as those terms are described in this code. "Person" shall mean a person, operator, firm, partnership, corporation or other legal entity.
ENCLOSED BUILDING: See "Building, Enclosed" in this section.
FAMILY:
   A.   One or more persons each related to the other by blood or marriage including adopted or foster children plus domestic employees;
   B.   A group of not more than three (3) persons not all so related, plus domestic employees;
   C.   Persons participating in a program for residential care [SR], plus support staff; or
   D.   Four (4) or more persons who are not related by blood, marriage, or legal adoption not including foster children or domestic employees, living together as a traditional family or the functional equivalent of a traditional family. The functional equivalent of a family does not include any society, club, fraternity, sorority, association, lodge, organization or group of students or other individuals where the common living arrangement or basis for the establishment of the housekeeping unit is temporary.
      1.   It shall be presumptive evidence, i.e., a rebuttable presumption, that four (4) or more persons living in a single "dwelling unit" [SR] who are not related by blood, marriage or legal adoption not including foster children or domestic employees do not constitute the functional equivalent of a family.
      2.   In determining whether individuals are living together as the functional equivalent of a family, the following criteria must be present:
         a.   The group is one which in theory, size, appearance, structure and function resembles a traditional family unit;
         b.   The occupants must share the entire "dwelling unit" [SR] and live and cook together as a single housekeeping unit. A unit in which the various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family;
         c.   The group shares expenses for food, rent or ownership costs, utilities and other household expenses;
         d.   The group is permanent and stable. Evidence of such permanency and stability may include:
            (1)   The presence of minor dependent children regularly residing in the household who are enrolled in local schools;
            (2)   Members of the household have the same address for purposes of voter's registration, driver's license, motor vehicle registration and filing of taxes;
            (3)   Members of the household are employed in the area;
            (4)   The household has been living together as a unit for a year or more whether in the current dwelling unit or other dwelling units;
            (5)   There is a common ownership of furniture and appliances among the members of the household; and
            (6)   The group is not transient or temporary in nature.
         e.   Any other factor reasonably related to whether or not the group is the functional equivalent to a family.
      3.   Relationships of persons, whether by blood, marriage, adoption, or foster children must be verified by official government records such as birth certificates, marriage certificates, court orders, driver's licenses or state identification cards. The status of domestic employees must be verified by a written employment agreement supported by an affidavit. Such records shall be produced to the development administrator upon the request of the development administrator or a code enforcement officer.
      4.   A person seeking to rebut the presumption as provided in subsection D1 of this definition shall file an application for a functional equivalent family certificate. Such application shall be made to the development administrator, shall be under oath, and shall address the criteria in subsection D2 of this definition. The applicant shall upon the request of the development administrator provide information or documents which are relevant or which would lead to the discovery of relevant information or documents regarding the application for a functional equivalent family certificate. The applicant shall be given an opportunity to be heard by the development administrator or his designee within ten (10) calendar days after receipt of any such application. The development administrator shall determine whether the applicant has established by a preponderance of the evidence applying the criteria in subsection D2 of this definition whether the household in question constitutes a functional equivalent of a family and shall approve or deny the subject application for a functional equivalent family certificate within five (5) business days following the conclusion of any such hearing. If such an applicant establishes by a preponderance of the evidence the existence of a functional equivalent family the development administrator shall issue a certificate therefor. The applicant shall receive written notice of the development administrator's decision. Appeals of the decision of the development administrator shall be as provided in chapter 19.75 of this title.
FAMILY RESIDENTIAL CARE: See "Residential Care, Family" in this section.
FENCE, OPEN: A fence that where viewed perpendicular to the plane of the fence, such fence shall be penetrable by vision in an amount equal to or greater than eighty percent (80%) of such plane. Open fences shall include, but shall not be limited to, chainlink and mesh types of fences.
FENCE, PARTIALLY OPEN: A fence that where viewed perpendicular to the plane of the fence, such fence shall be penetrable by vision in an amount equal to or greater than forty percent (40%) of such plane. Partially open fences shall include, but shall not be limited to, board on board and picket types of fences.
FENCE, SOLID: A fence that where viewed perpendicular to the plane of the fence, no such fence shall be penetrable by vision. Solid fences shall include, but shall not be limited to, stockade types of fences.
FENCES AND WALLS: "Fences and walls" shall each have their customary and traditional definitions. All fences shall be erected such that the vertical and horizontal supporting structure of the fence faces the interior of the zoning lot on which it is located. The use of barbed wire shall be prohibited, except as may be authorized pursuant to chapter 19.70 of this title, as provided in subsection 19.12.800D of this title. Fences and walls shall be subject to the following supplementary regulations:
   A.   Required Street Setbacks And Street Yards:
      1.   Solid Fences And Walls: Within a "street yard" [SR], no "solid fence" [SR] or wall shall exceed three (3) linear feet in "structure height" [SR], except as may be otherwise authorized or required by this title.
Walls which are an architectural component of a "principal building" [SR], may be constructed to a maximum of six (6) linear feet in height within that portion of a street yard, which is located outside of the required building setback from a "street lot line" [SR].
      2.   Partially Open And Open Fences: Within a "street yard" [SR], no "partially open fence" [SR] or "open fence" [SR] shall exceed four (4) linear feet in structure height, except as may be otherwise authorized or required by this title. Additionally, no chainlink or mesh type fences shall be permitted within required street setbacks or street yards.
      3.   Parks, Playgrounds, And Recreational Areas: Within a required building setback from a street lot line, no open fence shall exceed six (6) linear feet in structure height, where located between a private street or a public right of way, and an organized park, playground, or other recreational area.
      4.   Through Zoning Lots: Within a required building setback from a street lot line, for "through lots" [SR] located within a residence conservation district or a residence district, any type of fence, or wall shall be allowed to a maximum structure height of six (6) linear feet within a required building setback from a street lot line, located between the rear line of the "principal building" [SR] and the "rear lot line" [SR] of the "zoning lot" [SR], provided that such fence or wall is set back a minimum of three (3) linear feet from such lot line and provided that such fence or wall is screened from the adjoining street with a combination of plant materials. Such screening shall be constructed and maintained at not less than three (3) linear feet in height nor more than six (6) linear feet in height. The planting area shall be maintained free of litter, weeds, or other debris and all dead plant material shall be replaced.
   B.   Required Side Setbacks And Rear Setbacks: Within a required building setback from a "side lot line" [SR] and within a required building setback from a "rear lot line" [SR], no fence or wall of any type shall exceed six (6) linear feet in structure height, except as may be otherwise authorized or required by this title.
   C.   Unified Fence Styles, Materials, And Colors: Within a required building setback from a "street lot line" [SR], each fence or section thereof shall be of a single, continuous style, material, and color. Within a required building setback from a "side lot line" [SR] and within a required building setback from a "rear lot line" [SR] each fence or section thereof along each said lot line shall be of a single, continuous style, material, and color. Departures from these requirements may be granted at the discretion of the development administrator to allow greater flexibility in providing for improved aesthetics, privacy, etc.
FLOOR AREA: The sum of the gross horizontal areas of all floors of all "enclosed buildings" [SR] on a "zoning lot" [SR] including "parking structures", measured in square feet including the basement floor; the attic floor; the penthouse floor; interior balcony and mezzanine floors; enclosed porch and enclosed balcony floors; elevator shaft and stairwell floors at each story; mechanical equipment floors, except roof mounted equipment; and floors for accessory uses; if such floor area is designed, intended, or used for human habitation or use. Floor area shall be measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings.
FLOOR AREA RATIO: The numerical site capacity value obtained by dividing the "floor area" [SR] on a "zoning lot" [SR] by the "lot area" [SR] of such zoning lot.
FLOOR AREA, RESIDENTIAL: "Floor area" [SR]; excluding the area of all floors of all "accessory buildings", attached or detached [SR], used exclusively for storage or as a "parking garage" [SR]; and excluding the area of all floors of detached accessory buildings intended for human occupancy, such as a gazebo.
Where there is a "lookout basement" along the entire length of the rear of the building, one-quarter (1/4) of the floor area of the basement shall be included as residential floor area. Where there is a "walkout basement" along the entire length of the rear of the building, one-half (1/2) of the floor area of the basement shall be included as residential floor area. Where the lookout or walkout does not extend the entire length of the rear of the building, the amount of floor area to be included may be proportioned accordingly.
The floor area of an "attic" shall be included as residential floor area if the space meets the requirements of title 16 of this code for human occupancy, regardless of whether or not electrical, plumbing, or heating, ventilation, and air conditioning installations have been made.
FOOT-CANDLE: A unit of illumination on a surface, all points of which are one foot (1') from a uniform point source of one standard candle.
FRONT LOT LINE: See "Lot Line, Front" in this section.
FRONTAGE: That portion of a "lot line" [SR] which is coterminous with a public right of way or a private "street" [SR].
GROSS DENSITY: See "Density, Gross" in this section.
GROSS LOT AREA: See "Lot Area, Gross" in this section.
HEIGHT, BUILDING: The vertical distance measured from the established average grade at the foundation to the highest point of the underside of the ceiling beams, in the case of a flat roof; to the deck line of a mansard roof; and to the mean level of the underside of rafters between the eaves and the ridge of a gable, hip or gambrel roof. Chimneys, spires, towers, elevator penthouses, tanks and similar projections other than signs shall not be included in calculating the height. Structures which are not buildings shall be subject to the provisions of "Height, Structure" in this section.
HEIGHT, STRUCTURE: The vertical distance measured from the established average grade at the foundation to the highest point of the "structure" [SR]. The height of structures which are buildings shall be subject to the provisions of "Height, Building" in this section.
HOME CHILD DAYCARE SERVICE: See "Daycare Service, Home Child" in this section.
HOTEL AND MOTEL: A "building" [SR] with rooms as sleeping and living quarters for occupancy by transient guests at a daily rate of compensation. Such rooms shall have individual bathroom facilities and may have individual cooking facilities.
HOTEL, APARTMENT: A "hotel" [SR] in which at least fifty percent (50%) of the "lodging rooms" [SR] are for occupancy by permanent residents at a monthly rate of compensation.
INDIRECT LIGHT: Direct light that has been reflected or has scattered off of other surfaces.
INSTITUTIONAL CHILD DAYCARE SERVICE: See "Daycare Service, Institutional Child" in this section.
INTERIOR LANDSCAPE YARD: See "Yard, Interior Landscape" in this section.
INTERIOR LOT: See "Lot, Interior" in this section.
INTERIOR LOT LINE: See "Lot Line, Interior" in this section.
JUNKYARD: Any land utilized for the outdoor accumulation of scrap, waste material, debris, or other material commonly described as junk. The outdoor accumulation of junk shall be subject to the provisions of chapter 9.36 of this code. A junkyard includes "auto wrecking yards" [SR], but does not include uses carried on entirely within "enclosed buildings" [SR].
KENNEL: Any facility where four (4) or more dogs over four (4) months of age are boarded, bred or offered for sale.
LAMP: The component of the luminaire that produces the actual light.
LAND USE: See "Use, Land" in this section.
LIGHT LOSS FACTOR: The light loss of a luminaire with time due to the lamp decreasing in efficiency, dirt accumulation, and any other factors that lower the effective output with time.
LIGHT TRESPASS: Light falling where it is not wanted or needed.
LIMITED ACCESS ARTERIAL STREET: See "Street, Limited Access Arterial" in this section.
LOADING FACILITIES: Any land or "structure" [SR] utilized for the loading or unloading of "motor vehicles" [SR], encompassing docks and berths.
LOCAL STREET: See "Street, Local" in this section.
LODGING ROOM: A room rented as sleeping and living quarters, but without cooking facilities, and with or without an individual bathroom. In a suite of rooms, each room shall be counted as one lodging room.
LOT: A "zoning lot" [SR].
LOT AREA, GROSS: The area of a horizontal plane bounded by the vertical planes of the "lot lines" [SR] of a "zoning lot" [SR], excluding public rights of way for "streets" [SR].
LOT AREA, NET: The area of a horizontal plane bounded by the vertical planes of the "lot lines" [SR] of a "zoning lot" [SR], excluding the area of public and private rights of way for "streets" [SR], wetlands, watercourses, and open space which has been designated in compliance with title 18 of this code.
LOT AREA, ZONING: "Net lot area" [SR] in the residence conservation districts and in the residence districts, and "gross lot area" [SR] in the community facility district, in the business districts, and in the industrial districts.
LOT, CORNER: A "zoning lot" [SR] adjoining two (2) or more intersecting "streets" [SR]; or a zoning lot at the point of deflection in the alignment of a single street, where the interior angle of such lot does not exceed one hundred thirty five degrees (135°).
LOT, DUPLEX: Two (2) "lots of record" [SR], which comprise a "zoning lot" [SR] intended for a "two-family dwelling" [SR].
LOT, INTERIOR: A "zoning lot" [SR] which is not a "corner lot" [SR] or a "through lot" [SR].
LOT LINE: A property boundary line of a "zoning lot" [SR].
LOT LINE, FRONT: A "street lot line" [SR]. Front lot lines shall be subject to the following supplementary regulations:
   A.   Interior Lot: For an "interior lot" [SR], the front lot line shall be the street lot line.
   B.   Corner Lot: For a "corner lot" [SR], the front lot line shall be the shortest of the two (2) street lot lines, or where such lines are equal, either street lot line may be designated as the front lot line, as may be approved by the development administrator.
   C.   Through Lot: For a "through lot" [SR], the front lot line shall be that street lot line which has been designated as the front lot line by the majority of the other zoning lots with the same "block" [SR] "frontage" [SR], the front lot line shall be that street lot line as specified within any covenants or restrictions on the applicable, recorded plat of subdivision, or the front lot line shall be that street lot line as designated by the development administrator.
LOT LINE, INTERIOR: Any "lot line" [SR] that is not a "street lot line" [SR].
LOT LINE, REAR: That "interior lot line" [SR] which is most distant from or is approximately parallel to the "front lot line" [SR]. If the rear lot line of a "zoning lot" [SR] is less than ten feet (10') 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 (10') in length within the lot, parallel to, and at the maximum distance from, the front lot line. For the purposes of this section, if the front lot line is on a radius, the front lot line shall be considered to be that straight line which can be drawn between the intersections of the front lot line and the "side lot lines" [SR].
LOT LINE, SIDE: Any "lot line" [SR] that is not a "street lot line" [SR] or a "rear lot line" [SR].
LOT LINE, STREET: That "lot line" [SR] which adjoins an individual public right of way or a private "street" [SR].
LOT LINE, TRANSITION: See "Transition Lot Line" in this section.
LOT OF RECORD: Land which is separately designated as a lot on a plat of subdivision duly recorded in the office of the recorder of deeds in the county in which said lot is located; or a parcel of land, the deed to which is recorded in the office of said recorder, showing title as a separate entity, and which is assessed as a separate entity for tax purposes.
LOT, THROUGH: A "zoning lot" [SR], which has two (2) substantially parallel "street lot lines" [SR] which do not intersect, and which is not a "corner lot" [SR].
LOT WIDTH: The length of a straight line that is parallel or approximately parallel to the "front lot line" [SR] of a "zoning lot" [SR], and which is located between the points of intersection of the "building line" [SR] and the "side lot lines" [SR], or for a "corner lot" [SR], that "street lot line" [SR] which is the front lot line.
LOT, ZONING: Land which is legally described as a separate tract of land, or legally described as one or more "lots of record" [SR] or a portion thereof; which is located within a single "block" [SR] with "frontage" [SR] on a public right of way; and which is developed under single ownership or "unified control" [SR] as a single unit with respect to the provision of on site stormwater control systems, on site municipal sanitary sewer and water systems, private streets, or on site off street "parking facilities" [SR], excluding "driveways" [SR], and approaches.
LUMEN: A unit of luminous flux. One foot-candle is one lumen per square foot.
LUMINAIRE: A complete lighting system including a lamp, or lamps and a fixture.
LUMINAIRE HEIGHT: The vertical distance from the ground directly below the centerline of the luminaire to the lowest direct light emitting part of the luminaire.
MAJOR COLLECTOR STREET: See "Street, Major Collector" in this section.
MARQUEE: Any hood of permanent construction projecting from the wall of a "building" [SR] but not supported by the ground or sidewalk, serving the purpose of providing shelter and protection from the weather.
MEDICAL CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is registered by the State of Illinois Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis.  Such facility shall comply with all regulations provided within the Compassionate Use of Medical Cannabis Program Act, as it may be amended from time-to-time, regulations promulgated thereunder, and the regulations provided within this Code. A "medical cannabis cultivation center" [SR] shall also be subject to the following supplementary regulations:
   A.   In addition to all state-imposed minimum distance limits, a "medical cannabis cultivation center" [SR] shall not be located within two hundred fifty feet (250') of the property line of a pre-existing public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility, college, or university, or a publicly owned or operated park or forest preserve. The two hundred fifty foot (250') distance limit in this subsection A shall be measured in a straight line from the nearest "lot line" [SR] of the "medical cannabis cultivation center" [SR] to the nearest "lot line" [SR] of the "land use" [SR] from which the setback is sought; provided that if a "medical cannabis cultivation center" [SR] is to be situated in a distinct tenant space within a multi-tenant building, then the setback described in this subsection A shall be measured from the nearest demising wall of the distinct tenant space within the building in which the "medical cannabis cultivation center" [SR] is proposed to the nearest "lot line" [SR] of the "land use" [SR] from which the setback is sought.
   B.   On-premises consumption of cannabis or a product-containing cannabis is prohibited. A sign, at least eight and one-half (8.5) inches by eleven (11) inches, shall be posted inside, at a location clearly visible to patrons, with the following language, "Smoking, eating, drinking, or other forms of consumption of cannabis or products containing cannabis is prohibited anywhere inside or on the grounds of this establishment."
   C.   A "medical cannabis cultivation center" [SR] shall not be located within a house, apartment, condominium, or an area zoned for residential use.
   D.   All aspects of a "medical cannabis cultivation center" [SR] shall be contained within a completely enclosed building. In addition to those documents required for any application for a conditional use, an application for a conditional use for a "medical cannabis cultivation center" [SR] shall also include an odor control plan.
   E.   Any new building intended to be occupied by a "medical cannabis cultivation center" [SR] shall comply with the architectural standards for an industrial building established within Chapter 19.14 of this title.
   F.   A "medical cannabis cultivation center" [SR] shall not be established as an accessory use or a component land use with any other land use, except an "adult-use cannabis business establishment" [SR], but not including with an "adult-use cannabis dispensing organization" [SR] or a "medical cannabis dispensing organization" [SR].
   G.   In addition to those documents required for any application for a conditional use, an application for a conditional use for a "medical cannabis cultivation center" [SR] shall also include:
      a.   A complete copy of all applications and plans submitted for required state licenses;
      b.   An inventory control plan;
      c.   A floor plan;
      d.   A plan for the removal, recycling, disposal, and/or destruction of cannabis waste; and
      e.   A security and outdoor lighting plan.  The Elgin Police Department shall review the items required by this subsection and forward its recommendation regarding same to the Planning & Zoning Commission prior to the public hearing for the conditional use.
   H.   Before the issuance of an occupancy permit or otherwise opening to the public, a "medical cannabis cultivation center" [SR] must file a copy of all required state licenses to operate as a "medical cannabis cultivation center" [SR] with the Development Administrator.
MEDICAL CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is registered by the State of Illinois Department of Financial and Professional Regulation to acquire medical cannabis from a "Medical Cannabis Cultivation Center" [SR] for the purpose of dispensing cannabis and educational material to registered qualifying patients. Such facility shall comply with all regulations provided within the Compassionate Use of Medical Cannabis Program Act, as it may be amended from time-to-time, regulations promulgated thereunder, and the regulations provided within this Code. A "medical cannabis dispensing organization" [SR] shall also be subject to the following supplementary regulations:
   A.   In addition to all state-imposed minimum distance limits, a "medical cannabis dispensing organization" [SR] shall not be located within two hundred fifty feet (250') of the property line of a pre-existing public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility, college, or university, or a publicly owned or operated park or forest preserve. The two hundred fifty foot (250') distance limit in this subsection A shall be measured in a straight line from the nearest "lot line" [SR] of the "medical cannabis dispensing organization" [SR] to the nearest "lot line" [SR] of the "land use" [SR] from which the setback is sought; provided that if a "medical cannabis dispensing organization" [SR] is to be situated in a distinct tenant space within a multi-tenant building, then the setback described in this subsection A shall be measured from the nearest demising wall of the distinct tenant space within the building in which the "medical cannabis dispensing organization" [SR] is proposed to the nearest "lot line" [SR] of the "land use" [SR] from which the setback is sought.
   B.   On-premises consumption of cannabis or a product-containing cannabis is prohibited. A sign, at least eight and one-half (8.5) inches by eleven (11) inches, shall be posted inside, at a location clearly visible to patrons, with the following language, "Smoking, eating, drinking, or other forms of consumption of cannabis or products containing cannabis is prohibited anywhere inside or on the grounds of this establishment."
   C.   A "medical cannabis dispensing organization" [SR] shall not be located within a house, apartment, condominium, or an area zoned for residential use.
   D.   Any new building intended to be occupied by a "medical cannabis dispensing organization" [SR] shall comply with the architectural standards for a commercial building established within Chapter 19.14 of this title.
   E.   A "medical cannabis dispensing organization" [SR] shall not include a "drive through facility" [SR].
   F.   A "medical cannabis dispensing organization" [SR] shall not be established as an accessory use or a component land use with any other land use, except an "adult-use cannabis dispensing organization" [SR].
   G.   In addition to those documents required for any application for a conditional use, an application for a conditional use for a "medical cannabis dispensing organization" [SR] shall also include:
      a.   A complete copy of all applications and plans submitted for required state licenses;
      b.   An inventory control plan;
      c.   A floor plan;
      d.   A plan for the removal, recycling, disposal, and/or destruction of cannabis waste; and
      e.   A security and outdoor lighting plan.  The Elgin Police Department shall review the items required by this subsection and forward its recommendation regarding same to the Planning & Zoning Commission prior to the public hearing for the conditional use.
   H.   Before the issuance of an occupancy permit or otherwise opening to the public, a "medical cannabis dispensing organization" [SR] must file a copy of all required state licenses to operate as a "medical cannabis dispensing organization" [SR] with the Development Administrator.
MICROCELLULAR COMMERCIAL ANTENNA: See "Antenna, Microcellular Commercial" in this section.
MOBILE HOME DWELLING: See "Dwelling, Mobile Home" in this section.
MOTOR VEHICLE: Any self-propelled wheeled vehicle designed primarily for transportation of persons or goods along "streets" [SR].
MOTOR VEHICLE IMPOUNDMENT YARD: A "commercial operations yard" [SR] which is utilized exclusively for the storage of "motor vehicles" [SR] towed as a result of accidents, unlawful parking on private property, repossessions or police orders. Motor vehicle impoundment yards shall be illuminated by artificial light from dusk to dawn; shall be completely enclosed with a minimum six foot (6') in "structure height" [SR] "solid fence" [SR] with a locking gate; shall be paved with asphalt or concrete and include a drainage system designed to prevent leaking automobile fluids from being absorbed into the ground or otherwise migrating from the surface of the motor vehicle impoundment yard; shall provide closed circuit video monitoring within the motor vehicle impoundment yard; and, shall be subject to the provisions of "Commercial Operations Yard" in this section. The granting of a conditional use for a motor vehicle impoundment yard shall be subject to the provisions of chapter 19.65 of this title and shall also include the imposition of specific conditions for the following factors based upon the location, configuration and proposed operation of the motor vehicle impoundment yard: a) a limit on the number of vehicles that may be stored in the motor vehicle impoundment yard at any one time; b) designated minimum vehicle spacing within the motor vehicle impoundment yard, including minimum designated clearance between the sides of vehicles and the front and rear of vehicles; c) a limit on the number of days that a vehicle may remain in the motor vehicle impoundment yard, provided any such period does not exceed sixty (60) days, and provided vehicles subject to seizure or impoundment orders shall be exempt from any such limitation; d) additional conditions related to the adequate screening of the motor vehicle impoundment yard given the sight characteristics of the motor vehicle impoundment yard and the land uses surrounding the motor vehicle impoundment yard.
MOTOR VEHICLE RECYCLING FACILITY: A "building" [SR] or portion thereof, where "motor vehicles" [SR] are disassembled for the purpose of providing new, used or recycled motor vehicle replacement parts for sale at wholesale or retail. Motor vehicle recycling facilities shall be subject to the following supplementary regulations:
   A.   Processing: All disassembly shall be conducted entirely within an "enclosed building" [SR].
   B.   Storage: All motor vehicles being held for disassembly and all vehicle parts being held for sale at wholesale or retail, or for disposal shall be located entirely within an enclosed building.
MOTOR VEHICLE RECYCLING YARD: A "commercial operations yard" [SR] utilized "accessory" [SR] to a "motor vehicle recycling facility" [SR]. Motor vehicle recycling yards shall be subject to the following supplementary regulations:
   A.   Location: No motor vehicle recycling facility with an accessory motor vehicle recycling yard shall be located within one thousand (1,000) linear feet of a residence conservation district, a residence district, or a community facility district.
   B.   Design And Operation; Generally: The design and operation of a motor vehicle recycling facility with an accessory motor vehicle recycling yard shall comply with all applicable state and federal regulations.
   C.   Operation: The operation of a motor vehicle recycling facility with an accessory motor vehicle recycling yard shall be limited such that all disassembly of motor vehicles shall be conducted entirely within an enclosed building; and such that the motor vehicles being held for disassembly and all vehicle parts being held for sale at wholesale or retail, or for disposal may be located entirely within an enclosed building; outdoors within the motor vehicle recycling yard; or within a combination thereof.
   D.   Setbacks: No motor vehicle recycling yard shall be located within a required building setback from a street "lot line" [SR]. Motor vehicle recycling yards shall be set back a minimum of twenty five (25) linear feet from any "interior lot line" [SR].
   E.   Commercial Operations Yard: Motor vehicle recycling yards shall be subject to the provisions of "Commercial Operations Yard" in this section.
MOTOR VEHICLE REPAIR SHOP: The servicing, maintenance or repair of "motor vehicles" [SR] conducted entirely within an "enclosed building" [SR]. Inoperable motor vehicles may be parked temporarily on the premises while waiting to be serviced, but no inoperable motor vehicle shall be stored on the premises.
MOTOR VEHICLE SERVICE STATION: Any land, "building" [SR] or portion thereof, where fuel or oil for "motor vehicles" [SR] is offered for sale at retail. Such fuel or oil may be dispensed outdoors. "Motor vehicle service station" does not include "food stores", "general merchandise stores", or "liquor stores", which are individually enumerated as permitted uses or conditional uses.
MOTOR VEHICLE TOP, BODY, AND UPHOLSTERY REPAIR SHOPS, AND PAINT SHOPS: The repair, rebuilding, reconditioning or painting of "motor vehicles" [SR], including the top, body, upholstery or frame, conducted entirely within an "enclosed building" [SR]. Inoperable motor vehicles may be parked temporarily on the premises while waiting to be serviced, but no inoperable motor vehicle shall be stored on the premises.
MOTOR VEHICLE WRECKING YARD: Any land where two (2) or more inoperable "motor vehicles" [SR], or the parts thereof, are stored outdoors and where such motor vehicles are not in the process of being restored to operation within an "enclosed building" [SR] and within thirty (30) days. A motor vehicle wrecking yard shall be considered a "junkyard" [SR].
MULTIPLE-FAMILY DWELLING: See "Dwelling, Multiple-Family" in this section.
MUNICIPAL FACILITIES: Any facility which is owned or operated by the city of Elgin.
NET DENSITY: See "Density, Net" in this section.
NET LOT AREA: See "Lot Area, Net" in this section.
NONCONFORMING STRUCTURE OR BUILDING: See "Structure Or Building, Nonconforming" in this section.
NONCONFORMING USE: See "Use, Nonconforming" in this section.
OFFICE: Any "building" [SR] or portion thereof utilized for the transaction of business limited to the preparation or processing of information, documents, plans or graphics.
OPEN FENCE: See "Fence, Open" in this section.
ORIGINAL RESIDENTIAL USE: See "Use, Original Residential" in this section.
OTHER RADIO AND TELEVISION ANTENNAS: See "Antennas, Other Radio And Television" in this section.
OTHER SATELLITE DISH ANTENNA: See "Antennas, Other Satellite Dish" in this section.
OUTDOOR: That the activity so described is not conducted entirely within an "enclosed building" [SR].
OUTDOOR DISPLAY AREA: Any land or "structure" [SR] utilized for displaying goods or products "outdoors" [SR] for sale at retail. The goods and products within an outdoor display area shall not include those goods or products specifically provided for within an "outdoor display lot" [SR]. Outdoor display areas shall be operated on the same "zoning lot" [SR] and in conjunction with a "land use" [SR] which is operated entirely within an "enclosed building" [SR].
Outdoor display areas shall maintain a minimum of fifteen (15) linear foot "setback" [SR] from all "street lot lines" [SR] and a minimum ten (10) linear foot setback from all "interior lot lines" [SR].
Outdoor display areas shall maintain a minimum one hundred (100) linear foot setback from all interior lot lines, which adjoin any residence conservation district or residence district, and the outdoor display area shall be screened from such districts by a "solid fence" [SR] at minimum six (6) linear feet in "structure height" [SR].
OUTDOOR DISPLAY LOT: Any land or "structure" [SR] utilized for displaying goods or products "outdoors" [SR] for sale at retail. The goods and products within an outdoor display lot may include farm machinery or equipment, construction machinery or equipment, "motor vehicles" [SR], boats, trailers, "mobile home dwellings" [SR], or other similar goods or products. Any land or structure displaying two (2) or more items of such goods or products outdoors for sale at retail shall be considered an outdoor display lot and shall be subject to all of the provisions of this title. Outdoor display lots shall be operated on the same "zoning lot" [SR] and in conjunction with a "land use" [SR] which is operated entirely within an "enclosed building" [SR].
Outdoor display lots shall maintain a minimum of fifteen (15) linear foot "setback" [SR] from all "street lot lines" [SR] and a minimum ten (10) linear foot setback from all "interior lot lines" [SR]. However, outdoor display lots used for the purpose of the sale and display of new passenger "motor vehicles" [SR], may contain permanently constructed masonry display pads in solid masonry or permeable paved masonry units, with the largest horizontal dimension of no more than twenty two feet (22'), and a height of no more than five feet (5'), and may be located within the "setback" [SR] from all "street lot lines" [SR]. No more than three (3) display pads will be permitted per zoning lot. All display pads shall be landscaped with groupings of shrubs so as not to conceal the display of "motor vehicles". Outdoor display lots shall maintain a minimum one hundred (100) linear foot setback from all interior lot lines which adjoin any residence conservation district or residence district, and the outdoor display area shall be screened from such districts by a "solid fence" [SR] at minimum six feet (6') in "structure height" [SR].
OUTDOOR EATING AND DRINKING FACILITY: Any land or "structure" [SR] utilized for preparing, serving, or consuming food or beverages "outdoors" [SR]. Outdoor eating and drinking facilities shall be operated on the same "zoning lot" [SR] and in conjunction with a "land use" [SR], which is operated entirely within an "enclosed building" [SR].
Outdoor eating and drinking facilities shall maintain a minimum of fifteen foot (15') "setback" [SR] from all "street lot lines" [SR] and a minimum ten (10) linear foot setback from all "interior lot lines" [SR].
Outdoor eating and drinking facilities shall maintain a minimum one hundred (100) linear foot setback from all interior lot lines which adjoin any residence conservation district or residence district, and the outdoor eating and drinking facility shall be screened from such districts by a "solid fence" [SR] at a minimum six (6) linear feet in "structure height" [SR].
OUTDOOR LIGHTING: The nighttime illumination of an outside area or object by any manufactured device located outdoors that produces light by any means and shall encompass the terms and regulations set forth in chapter 19.13 of this title.
PARKING AISLE: A way of vehicular access from a "driveway" [SR] to a "parking stall" [SR]. Parking aisles shall adjoin and provide direct vehicular access to parking stalls. Parking aisles shall be a design component of all "parking structures" [SR] and "parking lots" [SR]. No parking aisle shall be a design component of a "residential parking area" [SR].
PARKING AREA, RESIDENTIAL: A facility for leaving "motor vehicles" [SR] temporarily, which is so designed that the "parking stalls" [SR] provided are uncovered, and which is so designed as to require ingress to the area by means of the forward motion of a vehicle and egress from the area by means of reverse motion of a vehicle. Vehicular access to "parking stalls" [SR] located within residential parking areas shall be only by way of a "driveway" [SR].
Each two (2) parking stalls within a residential parking area may be stacked one behind the other. Each parking stall located within a residential parking area and each parking stall located within an adjacent "parking garage" [SR] may be stacked one behind the other. However, no parking stalls shall be stacked more than two (2) deep.
PARKING FACILITY: Any land or "structure" [SR] utilized for the parking of "motor vehicles" [SR], including, but not limited to, "parking structures" [SR], "parking garages" [SR], "parking lots" [SR], "residential parking areas" [SR], and the components thereof, including, but not limited to, "parking stalls" [SR], "parking aisles" [SR], "driveways" [SR], and "approaches" [SR].
PARKING GARAGE: A "building" [SR] for leaving "motor vehicles" [SR] and for storing items "accessory" [SR] to the "principal use" [SR] served. Vehicular access to "parking stalls" [SR] located within a parking garage shall be by way of a "driveway" [SR], and may also be by way of a "parking aisle" [SR] or a "residential parking area" [SR].
PARKING LOT: A facility for leaving "motor vehicles" [SR] temporarily, which is so designed that the parking stalls provided are uncovered, and which is so designed as to require ingress to and egress from the facility by means of the forward motion of the vehicle. Vehicular access to "parking stalls" [SR] located within a parking lot shall be by way of a "parking aisle" [SR] only. Parking lots are comprised of parking stalls, parking aisles and "driveways" [SR].
PARKING STALL: A space located within a "parking structure" [SR], a "parking lot" [SR], a "parking garage" [SR], or a "residential parking area" [SR] for leaving one "motor vehicle" [SR]. Parking stalls shall adjoin and have direct vehicular access only from a residential parking area, a "parking aisle" [SR], or a "driveway" [SR].
PARKING STRUCTURE: A facility for leaving "motor vehicles" [SR] temporarily, which is so designed that at least fifty percent (50%) of the "parking stalls" [SR] provided are covered, and which is so designed as to require ingress to and egress from the facility by means of the forward motion of a vehicle. Vehicular access to parking stalls located in a parking structure shall be by way of a "parking aisle" [SR] only. Parking structures are comprised of parking stalls, parking aisles and "driveways" [SR].
PARTIALLY OPEN FENCE: See "Fence, Partially Open" in this section.
PAYDAY LOAN ESTABLISHMENT: A "business" [SR] that provides loans to individuals in exchange for one or more of the following forms of collateral, which are held for an agreed upon period of time prior to presentment for payment or deposit: personal checks, authorization to debit consumers' bank accounts, or interest in consumers' wages, including, but not limited to, wage assignments.
PERMITTED USE: See "Use, Permitted" in this section.
PLANNED DEVELOPMENT: Land, "structures" [SR] or "buildings" [SR] which are planned and developed in conformance to the provisions of chapter 19.60 of this title. A planned development may also be referred to as a "planned unit development".
PORCH: A "building" [SR], or any portion thereof, with a pervious or impervious roof at least fifty percent (50%) unobstructed on one or more sides to the adjoining open space. "Porch" includes exterior balconies located on a second story or above, with or without a roof, and projecting from a wall or supported from the ground at least fifty percent (50%) unobstructed on one or more sides to the adjoining open space.
PRECIOUS METAL DEALER: A "business" [SR] wherein ten percent (10%) or more of all transactions involve purchasing from the public previously owned or used items made of or containing precious metals, including, but not limited to, gold, silver, platinum, gems, or stones.
PRINCIPAL BUILDING: See "Building, Principal" in this section.
PRINCIPAL USE: See "Use, Principal" in this section.
PUBLIC PARKS, RECREATION, AND OPEN SPACE: Any park, recreational area, or open space owned or operated by a municipal or public corporation, or a not for profit corporation or entity established for the purpose of benefiting the owners of the property or residents of the community or neighborhood served. Open space encompasses woodlands, wetlands, floodplains, stormwater detention or retention facilities, or any other natural area.
RADIO AND TELEVISION ANTENNA: See "Antenna, Radio And Television" in this section.
REAR LOT LINE: See "Lot Line, Rear" in this section.
REAR YARD: See "Yard, Rear" in this section.
RECREATIONAL VEHICLE: A portable vehicle structure without a permanent foundation, which can be towed, hauled, or driven, and which is primarily designed as a temporary living accommodation for recreational, camping, and travel use, including, but not limited to, trailers, campers, camping trailers, and self- propelled motor homes; or "recreational vehicle" shall mean a motorized or a nonmotorized vehicle used primarily for recreational purposes, including, but not limited to, boats, watercraft, snowmobiles, and vehicles with three (3) or more wheels, such as all-terrain vehicles; including trailers, cases or boxes used for transporting recreational vehicles, whether occupied by such vehicles or not. No recreational vehicle shall be considered a "mobile home dwelling" [SR] or a "dwelling" [SR] of any type.
RECYCLING CENTER: A "building" in which recoverable resources from used products and materials are collected, processed to a condition for reuse, and temporarily stored prior to sale to others who will use the recovered resources to manufacture new products. Recycling centers shall be subject to the following supplementary regulations:
   A.   Design And Operation; Generally: The design and operation of a recycling center shall comply with all applicable State and Federal regulations.
   B.   Recoverable Resources: The used products and materials shall be limited to those used products and materials manufactured from fabric, wood, paper, rubber, plastic, leather, glass, and metal resources.
   C.   Processing: The processing of the used products and materials shall be limited to disassembly, separating, flattening, melting, shredding, stripping, compacting, bundling, and preparing such resources for shipment.
   D.   Operation: The operation of recycling centers, including collection, processing and storage of all used products and materials, and recovered resources shall be conducted entirely within an enclosed building.
RECYCLING CENTER YARD: A "commercial operations yard" [SR] utilized "accessory" [SR] to a "recycling center" [SR]. Recycling center yards shall be subject to the following supplementary regulations:
   A.   Location: No recycling center with a recycling center yard shall be located within one thousand (1,000) linear feet of a residence conservation district, a residence district or a community facility district.
   B.   Design And Operation; Generally: The design and operation of a recycling center with a recycling center yard shall comply with all applicable State and Federal regulations.
   C.   Operation: The operation of a recycling center with a recycling center yard including collection; processing; and storage of all used products and materials, and recovered resources may be located entirely within an "enclosed building" [SR], "outdoors" [SR] within the recycling center yard, or within a combination thereof.
   D.   Setbacks: No recycling yard shall be located within a required "building" [SR] "setback" [SR] from a "street lot line" [SR]. Recycling yards shall be set back a minimum of twenty five (25) linear feet from any "interior lot line" [SR].
   E.   Commercial Operations Yard: Recycling center yards shall be subject to the provisions of "Commercial Operations Yard" in this Section.
RECYCLING COLLECTION CENTER: A "building" [SR] in which recoverable resources from used products and materials are purchased, collected and temporarily stored prior to delivery or sale to others who will process the recoverable resources. Recycling collection centers shall be subject to the following supplementary regulations:
   A.   Design And Operation; Generally: The design and operation of a recycling collection center shall comply with all applicable State and Federal regulations.
   B.   Recoverable Resources: The used products and materials shall be limited to those used products and materials manufactured from fabric, wood, paper, rubber, plastic, leather, glass and metal resources.
   C.   Processing: The processing of the collected used products and materials shall be limited to preparing such recoverable resources for shipment.
   D.   Operation: The operation of recycling collection centers including collection, processing and storage of all used products and materials shall be conducted entirely within an "enclosed building" [SR].
REFUSE COLLECTION AREA: Any land where refuse is stored in approved enclosures such as a "garbage can" or "garbage dumpster" until removed by a refuse disposal service. In the MFR Multiple- Family Residence District, in the CF Community Facility District, in the business districts, and in the industrial districts, no refuse collection area shall be located within a required "building" [SR] "setback" [SR] from any type of "lot line" [SR] and such refuse collection areas shall be screened from view from adjoining property and public rights of way by a "solid fence" [SR] or wall at minimum "structure height" [SR] of six (6) linear feet.
RESIDENTIAL CARE: A specialized program located in a dwelling unit [SR], which provides residential, social, and personal care to "persons with functional disabilities" as defined herein, but where medical care is not a major element. "Persons with functional disabilities" shall mean a person who, because of a physical or mental condition or disease, is functionally disabled to the extent of the following:
   A.   Needing care, supervision or monitoring to perform activities of daily living or instrumental activities of daily living, or
   B.   Needing supports to ameliorate or compensate for the effects of the functional disability so as to lead as independent a life as possible, or
   C.   Having a physical or mental impairment which substantially limits one or more of such person's major life activities, or
   D.   Having a record of having such an impairment, or
   E.   Being regarded as having such an impairment, but such term does not include current, illegal use of or active addiction to alcohol or to a controlled substance.
Residential care shall be subject to the following supplementary regulations:
   A.   Qualifications: Residential care facilities shall be licensed by the State of Illinois.
   B.   Terms: Nine (9) or more persons, excluding employed professional support staff, shall reside in a residential care facility.
RESIDENTIAL CARE, FAMILY: A specialized program located in a dwelling unit [SR], which provides residential, social, and personal care to "persons with functional disabilities" as defined herein, but where medical care is not a major element. "Persons with functional disabilities" shall mean a person who, because of a physical or mental condition or disease, is functionally disabled to the extent of the following:
   A.   Needing care, supervision or monitoring to perform activities of daily living or instrumental activities of daily living, or
   B.   Needing supports to ameliorate or compensate for the effects of the functional disability so as to lead as independent a life as possible, or
   C.   Having a physical or mental impairment which substantially limits one or more of such person's major life activities, or
   D.   Having a record of having such an impairment, or
   E.   Being regarded as having such an impairment, but such term does not include current, illegal use of or active addiction to alcohol or to a controlled substance.
Family residential care shall be subject to the following supplementary regulations:
   A.   Qualifications: Family residential care facilities shall be licensed by the State of Illinois.
   B.   Terms: A maximum of eight (8) persons, excluding employed professional support staff, shall reside in a family residential care facility.
RESIDENTIAL FLOOR AREA: See "Floor Area, Residential" in this Section.
RESIDENTIAL GARAGE SALE: All general sales which are open to the public and conducted from a "dwelling unit" [SR] for the purpose of disposing of personal property. Residential garage sales shall be "accessory" [SR] to a dwelling unit. Residential garage sales shall be subject to the following supplementary regulations:
   A.   Number Of Sales: No more than three (3) residential garage sales shall be conducted from each dwelling unit within a calendar year. No residential garage sale shall exceed four (4) consecutive days.
   B.   Type Of Merchandise: The merchandise offered for sale at a residential garage sale shall be limited to excess household items. No merchandise purchased for resale shall be offered for sale at a residential garage sale.
No merchandise manufactured on the premises shall be offered for sale at a residential garage sale.
   C.   Signs: Residential garage sale signs shall be displayed only during sale hours and shall be located only on the "zoning lot" [SR] where the sale is being conducted. No residential garage sale sign shall be placed on public property including, but not limited to, trees, traffic-control signs, utility poles and tree banks. No residential garage sale sign shall exceed six (6) square feet in surface area.
RESIDENTIAL OCCUPATIONS: A "business" [SR] which is "accessory" [SR] to a "dwelling unit" [SR]. Residential occupations shall be subject to the following supplementary regulations:
   A.   Operation; Generally: The operation of a residential occupation shall be limited to the persons residing in the dwelling unit.
   B.   Use Of Land And Structures: Residential occupations shall be conducted entirely within a dwelling unit.
No residential occupation shall utilize any process or equipment with a potential for creating a life/safety hazard, as may be determined by the Code Official.
The floor area of the residential occupation within the principal building shall be limited to twenty five percent (25%) of the "residential floor area" [SR]. Residential occupations which exceed ten percent (10%) of the "fire area" shall be subject to the provisions for "accessory areas" of Title 16 of this Code, as may be amended. No residential occupation shall be located within an "accessory building" [SR].
No merchandise shall be stored on the premises, except such that can be produced on the premises. Other merchandise may be kept on the premises temporarily while waiting to be distributed to the consumer. No merchandise, goods, supplies, equipment, or materials shall be displayed or stored outdoors.
   C.   Prohibited Alterations: No alterations, exterior or interior of structures, temporary or permanent, that change the essential residential character of the land or structures of a "zoning lot" [SR] with a residential occupation shall be allowed, including, but not limited to, additional entrances and exits, additional bathrooms, accessible doorways and ramps, etc. No signs other than those allowed in residence districts and in residence conservation districts by Chapter 19.50 of this Title shall be allowed on a zoning lot with a residential occupation.
   D.   Traffic And Parking: No merchandise, goods, supplies, or materials associated with a residential occupation shall be received or delivered at the dwelling unit unless conducted entirely by U.S. Postal Service, similar parcel delivery service, or private passenger motor vehicle.
No dwelling unit with a residential occupation shall generate more demand for off-street parking than exists on the zoning lot or in excess of the number of off-street parking stalls that may be assigned to a dwelling unit.
No more than five (5) persons shall be allowed to visit the premises of a dwelling unit with a residential occupation for the purpose of conducting business each day. Such visitations shall be limited to Monday through Friday from the hours of eight o'clock (8:00) A.M. to six o'clock (6:00) P.M.
   E.   Public Nuisance: No residential occupation shall be operated in such a manner as to cause a public nuisance including, but not limited to, interference with broadcast radio and television reception; offensive noise, vibration, smoke, dust, heat, glare, or odor; excessive pedestrian or vehicular traffic; or aesthetic problems.
   F.   Prohibited Residential Occupations: No residential occupation shall involve the detailing, servicing, or repairing of motor vehicles. No residential occupation shall involve the grooming, treatment, boarding, or propagation of animals, poultry, or livestock. With the exception of "home child daycare services" [SR], which are regulated otherwise, no residential occupation shall involve the personal or medical care or treatment of persons. No residential occupation shall involve the handling or preparation of food, except as may be allowed by the cottage food operation provisions of the state of Illinois food handling regulation enforcement act 1 .
RESIDENTIAL OCCUPATIONS, CONDITIONAL: A "business" [SR] which is "accessory" [SR] to a "dwelling unit" [SR]. Conditional residential occupations shall be subject to the provisions of chapter 19.65 of this title. The planning and zoning commission may recommend and the city council may require such conditions and restrictions on the impact, location, design, construction, and operation of the conditional residential occupation as may be deemed necessary to promote the purpose and intent of this title. Conditional residential occupations shall be subject to the following supplementary regulations:
   A.   Operation; Generally: The operation of a conditional residential occupation shall be limited to the persons residing in the dwelling unit plus one additional employee or subcontractor, working on the premises, who is not a resident.
   B.   Use Of Land And Structures: All conditional residential occupations shall be conducted wholly within an "enclosed building" [SR].
Conditional residential occupations may utilize specialized processes and equipment in the performance of the residential occupation, which require building, HVAC, plumbing, or electrical installations which are not customarily found within a dwelling unit. However, no conditional residential occupation shall utilize any process or equipment with any potential for a life/safety hazard, as may be determined by the code official.
The floor area of the conditional residential occupation within the principal building shall be limited to thirty percent (30%) of the "residential floor area" [SR]. Residential occupations which exceed ten percent (10%) of the "fire area" shall be subject to the provisions for "accessory areas" of title 16 of this code, as may be amended.
No merchandise shall be stored on the premises, except such that can be produced on the premises. Other merchandise may be kept on the premises temporarily while waiting to be distributed to the consumer. No merchandise, goods, supplies, equipment, or materials shall be displayed or stored outdoors.
   C.   Prohibited Alterations: No alterations, exterior or interior of structures, temporary or permanent, that change the essential residential character of the land or structures of a "zoning lot" [SR] with a conditional residential occupation shall be allowed, including, but not limited to, additional entrances and exits, additional bathrooms, accessible doorways and ramps, etc. No signs other than those allowed in residence districts and in residence conservation districts by chapter 19.50 of this title shall be allowed on a zoning lot with a conditional residential occupation.
   D.   Traffic And Parking: No merchandise, goods, supplies, or materials associated with a conditional residential occupation shall be received or delivered on a zoning lot with a conditional residential occupation unless conducted entirely by U.S. postal service, similar parcel delivery service, or private passenger motor vehicle.
No dwelling unit with a conditional residential occupation shall generate more demand for off street parking than exists on the zoning lot or in excess of the number of off street parking stalls that may be assigned to a dwelling unit.
No more than ten (10) persons shall be allowed to visit the premises of a dwelling unit with a conditional residential occupation for the purpose of conducting business each day. Such visitations shall be limited to Monday through Saturday from the hours of eight o'clock (8:00) A.M. to six o'clock (6:00) P.M., and Sunday from the hours of twelve o'clock (12:00) noon to five o'clock (5:00) P.M.
   E.   Public Nuisance: No conditional residential occupation shall be operated in such a manner as to cause a public nuisance including, but not limited to, interference with broadcast radio and television reception; offensive noise, vibration, smoke, dust, heat, glare, or odor; excessive pedestrian or vehicular traffic; or aesthetic problems.
   F.   Prohibited Conditional Residential Occupations: No conditional residential occupation shall involve the detailing, servicing, or repairing of motor vehicles. No conditional residential occupation shall involve the grooming, treatment, boarding, or propagation of animals, poultry, or livestock. No conditional residential occupation shall involve the handling or preparation of food, except as may be allowed by the cottage food operation provisions of the state of Illinois food handling regulation enforcement act 2 . With the exception of certified massage therapists, which shall be regulated as a conditional residential occupation, and with the exception of "home child daycare services" [SR], which are regulated otherwise, no conditional residential occupation shall involve the personal or medical care or treatment of persons. Certified massage therapists are further regulated by title 6 of this code. "Home child daycare services" [SR] are regulated separately from the provisions of this section.
   G.   Certificate Of Occupancy And Compliance: Conditional residential occupations shall obtain a certificate of occupancy and compliance from the code administration department prior to starting the conditional residential occupation.
RESIDENTIAL OUTDOOR STORAGE OF FIREWOOD: The "outdoor" [SR] storage of firewood in a residence conservation district or in a residence district. No outdoor storage of firewood shall be located within a required "building" [SR] "setback" [SR] from any type of "lot line" [SR].
RESIDENTIAL PARKING AREA: See "Parking Area, Residential" in this section.
RESIDENTIAL STORAGE: The storage of household items which are "accessory" [SR] to a "dwelling unit" [SR]. Residential storage shall be located entirely within an "enclosed building" [SR], except as specifically authorized otherwise.
RESIDENTIAL STORAGE OF TRUCKS OR BUSES: The storage or parking of trucks or buses in a residence conservation district or in a residence district. No truck or bus exceeding twenty (20) linear feet in length shall be parked or stored in such zoning districts for more than eight (8) hours for each day unless located entirely within an "enclosed building" [SR].
ROOMING HOUSE DWELLING: See "Dwelling, Rooming House" in this section.
SATELLITE DISH ANTENNA: See "Antenna, Satellite Dish" in this section.
SETBACK: The horizontal distance along a straight line between a "street" [SR], "street lot line" [SR], or "interior lot line" [SR], and a "structure" [SR], or "building" [SR] with such straight line being perpendicular to the street, street lot line or interior lot line.
SETBACK, VEHICLE USE AREA: The horizontal distance along a straight line between a "street" [SR], "street lot line" [SR], or "interior lot line" [SR], and a "vehicle use area" [SR] with such straight line being perpendicular to the street, street lot line or interior lot line.
SIDE LOT LINE: See "Lot Line, Side" in this section.
SIDE YARD: See "Yard, Side" in this section.
SIGN: Definitions relating to signs and street graphics are set forth in chapter 19.50 of this title.
SINGLE-FAMILY DWELLING: See "Dwelling, Single-Family" in this section.
SITE CAPACITY FORMULA: The linear range method of site design regulation, researched and developed for the city of Elgin in 1991 by Jerold T. Deering, principal planner, planning department, city of Elgin, Illinois.
SITE DESIGN REGULATIONS: Those regulations of this title, which govern "zoning lots" [SR], "lot area" [SR], "lot width" [SR], "setbacks" [SR], height of a structure, "accessory structures and buildings" [SR], "yards" [SR], "floor area" [SR], "building coverage" [SR], "accessory building coverage" [SR], "vehicle use areas" [SR], and landscaping. Site design regulations are also known as bulk regulations.
SOLAR ENERGY SYSTEMS: A solar collection system consisting of one or more building mounted and/or ground mounted solar collector devices and solar related equipment that uses the power of the sun to capture, distribute and/or store energy for on site consumption of utility power within a principal or accessory structure, or for transmission of the generated power to the utility grid.
   A.   General Definitions:
      1.   Design Height: The maximum height of the solar energy system measured in a vertical distance from the average grade on which the system is located, or from the roof surface on which the system is mounted.
      2.   Net Metering: An arrangement by which excess energy generated by a renewable energy system is distributed back to the electrical utility grid.
      3.   Solar Photovoltaic (PV): The technology that uses a semiconductor to convert light directly into electricity.
      4.   Solar Thermal: The technology that uses a collector panel to convert the sun's thermal energy to heat a fluid such as water or antifreeze.
      5.   Photovoltaic Modules/Shingles (Also Known As Solar Shingles): Solar collection systems in the form of solar cells designed to look like conventional asphalt shingles. Photovoltaic shingles can take the form of individual cells or a linear strip of interconnected semirigid silicon solar cells that are sized like conventional shingles, continuous in area without interruption, and installed in a manner not to cause glare of sunlight to reflect onto adjacent properties. Photovoltaic shingles shall be permitted to be installed on up to one hundred percent (100%) of the roof surface, provided that they are incorporated into and installed to blend through the use of similar color and texture with the remaining materials of the roof. Photovoltaic shingles shall comply with sections R905.16 and 1507.17 of the 2012 international building code.
      6.   Renewable Energy System: A system that generates energy from natural resources such as sunlight, wind, and geothermal heat.
      7.   Solar Collection System: A solar photovoltaic cell, panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for collection, inversion, storage, and distribution of solar energy for electricity generation or transfer of stored heat.
      8.   Solar Energy System, Accessory: A solar collection system with a rated capacity of less than or equal to twelve (12) kilowatts for residential applications or a capacity of less than or equal to three hundred (300) kilowatts for commercial and industrial applications, or rated storage volume of the system of less than or equal to two hundred forty (240) gallons or that has a collector area of less than or equal to one thousand (1,000) square feet for thermal systems, and is intended to primarily reduce on site consumption of utility power. A system is considered an accessory solar energy system only if it supplies electrical or thermal power solely for on site use, except that when a property upon which the facility is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on site use may be used by the utility company. Except as authorized by the city council for public utility scale purposes, all solar energy systems shall be accessory to a principal use present on a zoning lot.
      9.   Solar Energy System, Building Mounted: A solar energy system affixed to either the principal or accessory structure.
      10.   Solar Energy System, Ground Mounted: A solar energy system that is not attached to another structure and is affixed to the ground. A ground mounted solar energy system shall be considered an "accessory structure" [SR]. A solar energy system that only powers ornamental and/or landscaping lights, where the solar photovoltaic cell or panel is an integral part of the light fixture, shall not be considered a ground mounted system.
      11.   Solar Energy System, Utility Scale: Any device or combination of devices or elements installed as the principal use on a zoning lot, which rely upon direct sunlight as an energy source, including, but not limited to, any substance or device which collects sunlight for generating energy primarily for use off site. Energy generated may be used to serve on site power needs. A solar energy system connected to the utility grid shall provide written authorization from the local utility company to the city acknowledging and approving such connection.
      12.   Solar Related Equipment: Items including a solar photovoltaic cell, panel, or array, or solar hot air or water collector device panels, lines, pumps, batteries, mounting brackets, framing and foundations used for or intended to be used for collection of solar energy.
      13.   Solar Related Accessory Equipment: Solar related equipment that is not the primary collection device such as a photovoltaic cell, panel, or array, or solar hot air or water collector device. Accessory equipment includes that equipment such as, but not limited to, electric lines, pumps, heat exchangers, batteries, inverters, switches, unit/control boxes, all nonutility owned equipment, conduits, structures, fencing, and foundations intended to assist the primary solar collection device in transmitting the generated power to the principal structure on the property, or to the utility grid.
   B.   Maximum Number:
      1.   Building Mounted Systems: The maximum number of "solar energy systems" [SR] shall be one "building mounted system" [SR] for each "principal building" [SR] or "accessory structure" [SR] on a zoning lot.
      2.   Ground Mounted Systems: The maximum number of solar energy systems shall be one ground mounted system for each principal building on a zoning lot, not to exceed one system for each one- half (1/2) acre of land area of each zoning lot.
   C.   Location:
      1.   Ground Mounted Solar Energy Systems: Ground mounted solar energy systems shall only be located on zoning lots within nonresidential zoning districts and on zoning lots within single- family residence and residence conservation districts that are greater than two (2) acres in land area. Ground mounted systems shall be located only in the side and rear yards of a zoning lot, and the system shall be enclosed within a fence or wall no less than four feet (4') high that completely surrounds the system. All openings in the fence (with the exception of those openings which allow direct access to the principal and accessory buildings on the premises) must have a self-closing, self- latching gate. The latch must be located at least four feet (4') above grade or be inoperable from the outside. The fence must be constructed so that a four inch (4") sphere cannot pass through at any point. Notwithstanding the provisions of chapter 19.52 of this title, any action which would decrease the land area of a zoning lot below two (2) acres when that zoning lot is located within a single-family residence or residence conservation district shall require the removal of the ground mounted solar energy system.
      2.   Building Mounted Systems Within Residence And Residence Conservation Districts: Building mounted solar energy systems located within residence and residence conservation districts shall be roof mounted and only on those roof surfaces of principal and accessory structures that face an interior lot line. Where the effectiveness of a solar energy system requires that it be located on a roof surface facing a street lot line, the solar energy system shall not occupy more than fifty percent (50%) of the roof surface facing such street lot line with the exception of solar energy system comprising of photovoltaic shingles, which are further defined within this definition. In all instances, the systems shall be set back for a distance of no less than three feet (3') from the edge of a roof, and shall not extend beyond the ridgeline of a roof.
      3.   Building Mounted Systems Within All Other Districts: Building mounted solar energy systems located within all other districts shall be mounted only on the roof of buildings in the manner as defined as follows:
         a.   No solar energy system shall be located on the roof of a building in a manner so as to obstruct the free and clear access to the building by emergency personnel. A free and clear path of no less than four feet (4') shall be provided from the front, side and rear walls of the building to all points of rooftop access to the interior of the building.
         b.   No solar energy system shall be located on the face of an existing structure or cover or interrupt any major architectural feature, such as doors, windows, or decorative architectural elements. Solar energy system shall set back no less than four feet (4') from the front, side and rear exterior walls of the building upon which it is mounted.
   D.   Maximum Design Height:
      1.   Ground Mounted Solar Energy Systems: Ground or pole mounted solar energy systems shall not exceed the maximum accessory structure height within the underlying district.
      2.   Building Mounted Solar Energy System:
         a.   A building mounted solar energy system on a property within a residence or residence conservation district or where the principal use of the property is residential shall not exceed a maximum design height of twelve inches (12") as measured from the roof surface on which the system is mounted. For all other districts, a building mounted solar energy system shall not exceed a maximum design height of five feet (5') as measured from the roof surface on which the system is mounted.
         b.   The solar collection system panel shall be parallel with the roofline where possible and shall not be elevated more than thirty degrees (30°) above the roof pitch at the point where it is attached, or elevated to a design height of no more than twelve inches (12") on property within a residence or residence conservation district or where the principal use of the property is residential whichever is less, or five feet (5') in all other zoning districts whichever is less.
   E.   Additional Regulations:
      1.   Location Of Accessory Equipment: Solar related accessory equipment shall be either roof mounted or located within an enclosed building. Roof mounted solar related accessory equipment shall be screened from view from public rights of way through the use of screening fences or walls. All screening shall be constructed fully of materials incorporating the principal building materials and architectural elements.
      2.   Compliance With City's Building And Fire Codes: Building permit applications for solar energy systems shall be accompanied by standard drawings of all components of the structure, including the base, footings, frames and panels. An engineering analysis of the roof structure on which a building mounted system is proposed to be located showing compliance with the building code and certified by a licensed professional engineer, except for single panel solar energy systems weighing less than twenty five (25) pounds.
      3.   Compliance With City's Electric Code: Building permit applications for solar energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to article 690 of the 2011 national electric code entitled "solar photovoltaic (PV) systems".
      4.   Utility Notification: No solar energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer owned generator. Off grid systems shall be exempt from this requirement.
      5.   Graphics: No graphics of any kind shall be permitted for installation on any portion of the solar energy system, except for any applicable warning and equipment information graphics required by the manufacturer or by federal, state or local regulations.
      6.   Lighting And Glare: Solar energy conversion systems shall not be illuminated by artificial means, except where the illumination is specifically required by federal, state, or local regulation. Solar energy conversion systems shall be designed with panels constructed in dark colored materials and covered with antireflective coatings, and be located and configured in a manner so as not to produce a concentrated reflection on surrounding properties.
      7.   Maintenance Required: All solar energy systems shall be kept in good repair and free from rust.
      8.   Compliance With The City's Tree Preservation Ordinance: Where applicable, a permit application for a solar energy conversion system shall be accompanied by a site plan including a tree survey indicating the type, species and diameter at breast height (dbh) of trees that will be removed to accommodate the system, along with the measures proposed to be taken to comply with the tree replacement requirements of the ordinance.
      9.   Compliance With The City's Historic Preservation Ordinance: For properties designated as Elgin historic landmarks or those located within a designated historic district and subject to title 20, "Historic Preservation", of this code, the location, design and installation of solar energy systems shall also require a certificate of appropriateness (COA) in compliance with the Elgin "Design Guideline Manual For Landmarks And Historic Districts".
      10.   Abandonment: A solar energy conversion system shall be deemed abandoned if the use as a solar energy conversion system is discontinued. There shall exist a rebuttable presumption that the use was intended to be abandoned if the normal operation of the system is stopped for a period of one year. All components of an abandoned or unused solar energy conversion system shall be removed within twelve (12) months of the cessation of operations unless an extension is approved by the code enforcement official. If an extension is not granted, such solar energy conversion system shall be deemed a nuisance and subject to the requirements of the city's property maintenance code, requiring removal at the property owner's expense. Following the removal of the solar energy conversion system, the owner or operator of the zoning lot shall restore the site and/or building roof surface to at least its original condition.
SOLID FENCE: See "Fence, Solid" in this section.
SPECIFIED ANATOMICAL AREAS: Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breast below a point immediately above the top of the areola; human male genitals in a discernible turgid state, even if opaquely covered.
SPECIFIED SEXUAL ACTIVITIES: Simulated or actual: a) showing of human genitals in a state of sexual stimulation or arousal, b) acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio or cunnilingus, c) fondling or erotic touching of human genitals, pubic region, buttock or female breasts.
STORAGE TANKS: A container which is used to keep flammable or combustible liquids, and where all or any portion of such container is located above the ground. All storage tanks shall be "fire protected tanks" as defined and regulated by title 16 of this code. All storage tanks shall be considered "accessory" [SR] "structures" [SR]. All storage tanks shall comply with the regulations for "commercial operations yards" [SR], encompassing setbacks, surfacing, dust control, stormwater control, screening, and landscaping. No landscaping shall be required within an existing commercial operations yard or parking lot, where the storage tank is not visible from adjoining property or rights of way, and where it would be impractical to remove a small strip of asphalt in order to install trees and shrubs, as may be approved.
STREET: A public or private right of way which affords a primary means of access for two (2) or more "lots of record" [SR] which adjoin such right of way. "Limited access arterial streets" [SR] shall be considered streets.
STREET, ARTERIAL: A "street" [SR] which has continuity between municipalities or other urban centers, which has continuity through the city, or which intersects with three (3) or more "limited access arterial streets" [SR], or other arterial streets, and which affords a primary means of access for intersecting streets and for adjoining "lots of record" [SR] at a limited number of locations.
The arterial streets shall be McLean Boulevard, State Route 31 (State Street), Dundee Avenue, Villa Street, Center Street (between Dundee Avenue and Villa Street), National Street (between Villa Street and State Street), State Route 25 (St. Charles Street, Bluff City Boulevard, Liberty Street, Dundee Avenue), Illinois Route 72 (Higgins Road), Big Timber Road, Highland Avenue, Larkin Avenue, Kimball Street, Congdon Avenue (east of State Route 25), State Route 58 (Summit Street east of Dundee Avenue), State Route 19 (East Chicago Street), Nesler Road, Coombs Road, Bowes Road, Russell Road, Damisch Road, McDonald Road, Silver Glen Road, Corron Road, Muirhead Road, Plank Road and State Route 20 (west of Weld Road).
STREET, COLLECTOR: A "street" [SR] which has substantial continuity within an area or neighborhood, as delineated by "limited access arterial streets" [SR], "arterial streets" [SR], railroad rights of way, watercourses, or any similar natural or manmade barrier, and which affords a primary means of access for intersecting and tributary streets and for adjoining "lots of record" [SR].
STREET GRAPHICS: Definitions relating to street graphics and signs are set forth in chapter 19.50 of this title.
STREET, LIMITED ACCESS ARTERIAL: A "street" [SR] which has continuity between municipalities or other urban centers, and which affords a primary means of access for intersecting streets at a substantially limited number of designated locations. Limited access arterial streets shall include Interstate 90, State Route 20 (east of Weld Road), Randall Road, and other arterial streets, as may be designated by the city council.
STREET, LOCAL: A "street" [SR] which has limited continuity within an area or neighborhood, as delineated by "limited access arterial streets" [SR], "arterial streets" [SR], railroad rights of way, watercourses, or any similar natural or manmade barrier, and which affords a primary means of access for intersecting streets and for adjoining "lots of record" [SR].
STREET LOT LINE: See "Lot Line, Street" in this section.
STREET, MAJOR COLLECTOR: A "street" [SR] which has continuity through one area or neighborhood, as delineated by "limited access arterial streets" [SR], "arterial streets" [SR], railroad rights of way, watercourses, or any similar natural or manmade barrier; which intersects two (2) limited access arterial streets or arterial streets; which intersects one limited access street or arterial street, and one or more other major collector streets; and which affords a primary means of access for intersecting streets and for adjoining "lots of record" [SR] at a limited number of locations.
STREET YARD: See "Yard, Street" in this section.
STRUCTURAL ALTERATIONS: Any change to a "structure" [SR] or "building" [SR], except those changes which are incidental repairs or which are required by the provisions of this title.
STRUCTURE: Anything manufactured, constructed, or composed of parts joined in some definite manner that requires a location on the ground or that is attached to something that has a location on the ground. Structures shall include, but shall not be limited to, "buildings" [SR], "antennas" [SR], "signs" [SR], "fences" [SR], and off street "parking facilities" [SR].
STRUCTURE, ACCESSORY: A "structure" [SR] which is subordinate in purpose to; which is customarily and traditionally designed, intended and used incidental to; and which is located on the same "zoning lot" [SR] as the "principal use" [SR] served. An "accessory" [SR] structure shall not be constructed, used, or occupied prior to the construction, use and occupancy of the "principal building" [SR].
STRUCTURE HEIGHT: See "Height, Structure" in this section.
STRUCTURE OR BUILDING, NONCONFORMING: Any "structure" [SR] or "building" [SR] lawfully existing on the effective date of this title, or any subsequent amendment hereto, which does not comply with all of the regulations of this title, or which is designed and intended for a use which is not permitted in the zoning district in which such structure or building is located.
TEMPORARY MINING: The extraction of topsoil, earth, clay, peat, sand, gravel or stone for use off site, where performed in conjunction with site preparation for land development. Temporary mining shall be subject to the following supplementary regulations:
   A.   Operation Plan: The approval of a conditional use for temporary mining shall be subject to the receipt of an acceptable operation plan. The operation plan shall be comprised of the following elements:
      1.   Written Statement: A written statement which describes the temporary mining operation including, but not limited to, environmental impact control measures, traffic impact control measures, and the phasing of extraction.
      2.   Site Plan: A site plan which shows the location of buildings and processing equipment, the location of provisions for safety fencing and visual screening from adjoining property, and the location and the maximum depth of each extraction area.
      3.   Other Documentation: Other documentation as may be reasonably required by the development administrator.
   B.   Reclamation Plan: The approval of a conditional use for temporary mining shall be subject to the receipt of an acceptable reclamation plan. The reclamation plan shall be comprised of the following elements:
      1.   Written Statement: A written statement which describes the reclamation of the temporary mining operation including, but not limited to, environmental impact control measures, traffic impact control measures, and the phasing of reclamation.
      2.   Site Plan: Where temporary mining is to be performed in conjunction with site preparation for a subdivision, the site plan shall be a final plat of subdivision, and final engineering plans and specifications, subject to the provisions of title 18 of this code. Where temporary mining is to be performed in conjunction with site preparation for a "planned development" [SR], the site plan shall be a development plan, subject to the provisions of chapter 19.60 of this title. Where temporary mining is to be performed in conjunction with site preparation for the construction of a structure or building that does not involve a subdivision or a planned development, the site plan shall be architectural, and engineering plans and specifications, subject to the provisions of title 16 of this code.
      3.   Other Documentation: Other documentation as may be reasonably required by the development administrator.
TEMPORARY USE: See "Use, Temporary" in this section.
THROUGH LOT: See "Lot, Through" in this section.
TITLE LOAN ESTABLISHMENT: A "business" [SR] that provides loans to individuals in exchange for receiving titles to the borrower's motor vehicles as collateral.
TRANSITION LANDSCAPE YARD: See "Yard, Transition Landscape" in this section.
TRANSITION LOT LINE: A "lot line" [SR] of a "zoning lot" [SR] which is located within a community facility district, a business district, or an industrial district, and that such lot line is coterminous with a lot line of a zoning lot which is located within a residence conservation district or a residence district.
TRANSITION YARD: See "Yard, Transition" in this section.
TREATMENT, TRANSMISSION, AND DISTRIBUTION FACILITIES - EQUIPMENT, EQUIPMENT BUILDINGS, TOWERS, EXCHANGES, SUBSTATIONS, REGULATORS: Such facilities which are owned or operated by a public utility or the city of Elgin.
TREATMENT, TRANSMISSION, AND DISTRIBUTION FACILITIES - POLES, WIRES, CABLES, CONDUITS, LATERALS, VAULTS, PIPES, MAINS AND VALVES: Such facilities which are owned or operated by a public utility or the city of Elgin.
TWO-FAMILY DWELLING: See "Dwelling, Two-Family" in this section.
UNIFIED CONTROL: The combination of two (2) or more tracts of land, such that each owner has agreed or has been required to develop the individual tracts of land subject to the provisions of this title as a single "zoning lot" [SR].
UNIFORMITY RATIO: The average level of illumination in relation to the lowest level of illumination for a given area.
UPPER FLOOR APARTMENT DWELLING: See "Dwelling, Upper Floor Apartment" in this section.
USE, ACCESSORY: A "land use" [SR], which is subordinate in purpose to the "principal use" [SR] served, which is customarily and traditionally incidental to the principal use served, which is operated and maintained under the same single ownership or unified control as the principal use served, and which is located on the same "zoning lot" [SR] and within the same mapped zoning district as the principal use served.
The principal use of any land, structure or building shall be established prior to or concurrently with the establishment of any accessory use of such land, structure, or building.
No land use shall be allowed as an accessory use, unless such use occupies less than ten percent (10%) of the zoning "lot area" [SR] and less than ten percent (10%) of the building "floor area" [SR]. Land uses exceeding such lot area and floor area limitations shall be subject to the provisions of subsection 19.10.400F of this title or "Accessory" in this section.
No land use shall be allowed as an accessory use where such use dispenses, grows, cultivates, processes, infuses, or transports cannabis or products that contain cannabis.
USE, CHANGE IN: A change in the use of a "zoning lot" [SR] from one "land use" [SR] specifically enumerated in the lists of "permitted uses" [SR] and "conditional uses" [SR] to another land use specifically enumerated in the lists of permitted uses and conditional uses. For "multiple-family dwellings" [SR], an increase or decrease in the number of dwelling units shall be considered a change in use.
USE, CONDITIONAL: Any "structure" [SR], "building" [SR], or "land use" [SR], which on the effective date of this title, or on the effective date of any subsequent amendment hereto, complies with the applicable regulations governing the conditional uses of the zoning district in which such structure, building or use is located. Conditional uses are also known as special uses.
USE, INTERMITTENT TEMPORARY: A "temporary use" [SR] at which at least five (5) separate and distinct businesses provide goods and services directly to the public no more than two (2) times per week and on no more than thirty (30) regularly scheduled and predetermined days over a fixed period of time not to exceed six (6) months. An intermittent temporary use does not include a "residential garage sale" [SR], "outdoor display area" [SR], "outdoor display lot" [SR], "outdoor eating and drinking facility" [SR], "commercial operations yard" [SR], "junkyard" [SR], or "motor vehicle wrecking yard" [SR]. An intermittent temporary use is subject to the "temporary use" [SR] supplementary regulations, except:
   A.   When operated outdoors, such use shall be located upon a "zoning lot" [SR] greater than or equal to two (2) acres;
   B.   The entire approved fixed period of time during which the intermittent temporary use is established or operates constitutes one single "temporary use" [SR] as envisioned and limited by the supplementary regulations for "temporary use" [SR]; and
   C.   No more than one intermittent temporary use is allowed per "zoning lot" [SR] within a calendar year.
USE, INTERMITTENT TEMPORARY VEHICLE: A "temporary use" [SR] which is conducted by a not for profit corporation or association at which services are provided entirely within an enclosed motor vehicle no more than one day per week, nor more than eight (8) hours during any day, and no more than fifty two (52) days on the same "zoning lot" [SR] within a calendar year. An intermittent temporary vehicle use shall not be established to provide a "mobile home dwelling" [SR] or a "dwelling" [SR] of any type. An intermittent temporary vehicle use shall be limited to the providing of services only and shall not include the sale of any merchandise, goods, supplies, equipment or materials. An intermittent temporary vehicle use is subject to the "temporary use" [SR] supplementary regulations, except:
   A.   Such use shall only be located within a lawfully established off street "parking facility" [SR] in a manner that does not interfere with: 1) ingress or egress to such off street parking facility or 2) access lanes within such off street parking facility unless use of such access lanes is reasonably necessary to accommodate the requested intermittent temporary vehicle use and where public safety concerns are not materially compromised by the use of such access lanes as depicted in a site plan approved by the city as part of a temporary use permit; and
   B.   No intermittent temporary vehicle use shall be established or operated on property located in a residence conservation zoning district or a residence zoning district, except for properties with off street parking facilities to serve a multi-unit residential building with at least one hundred fifty (150) dwelling units; and
   C.   The entire approved fixed period of time during which the intermittent temporary vehicle use is established or operates during a calendar year constitutes one single "temporary use" [SR] as envisioned and limited by the supplementary regulations for "temporary use" [SR]; and
   D.   No more than one intermittent temporary vehicle use is allowed per "zoning lot" [SR] within a calendar year.
   E.   Any permit fees otherwise required for a "temporary use" [SR] shall not be required for an intermittent temporary vehicle use so long as proof of the not for profit status of the corporation or association conducting the intermittent temporary vehicle use is filed with the city.
USE, LAND: The purpose or type of activity for which land, or the "structure" [SR] or "building" [SR] thereon, is designed and intended, or for which it is occupied or maintained.
USE, NONCONFORMING: Any use of land, or the structure or building thereon, existing on the effective date of this title, or any subsequent amendment hereto, that does not, even though lawfully established, comply with all of the regulations of this title for the zoning district in which such land, or the structure or building thereon, is located.
   A.   When a valid building permit or occupancy permit cannot be produced to substantiate the lawful establishment of a nonconforming use of land located in the HP historic preservation district, RC1, RC2 and RC3 residence conservation districts, SFR1 and SFR2 single-family residence districts, TFR two-family residence district, or MFR multiple-family residence district, each of the following criteria shall be substantiated before the nonconforming use of land is recognized as having been lawfully established:
      1.   The building or structure, or the modification to the building or structure that created the nonconforming use of land, was constructed before January 1, 1992.
      2.   The nonconforming use of land complies with all applicable provisions of the city of Elgin building code, plumbing code, electrical code, fire prevention code, and the heating, ventilating and air conditioning code, Elgin historic preservation ordinance, and rental residential property licensing ordinance.
      3.   The current record owner of the nonconforming use of land was not issued a written notice from the city in which the record owner was cited for establishing the unlawful nonconforming use of land and ordered to abate the unlawful nonconforming use of land, nor was the current record owner denied a building permit to create the unlawful nonconforming use of land, nor was current record owner denied any relief relating to the nonconforming use of land requested in a petition filed before the planning and zoning commission.
      4.   An application for a land use determination for the nonconforming use of land was filed with the department of code administration and neighborhood affairs not later than one hundred eighty (180) days from the effective date hereof.
   B.   In addition to the requirements set forth in subsection A of this definition, nonconforming uses of land established before January 1, 1960, shall be substantiated by the following sources:
      1.   The nonconforming use of land shall be substantiated by one of the following sources:
         a.   A land use determination issued by the city of Elgin indicating that the nonconforming use of land was established before January 1, 1960, or
         b.   Real property tax assessment records maintained by either the Kane County supervisor of assessments or the Cook County assessor indicating that the nonconforming use of land was established before January 1, 1960.
      2.   If the documentation required in subsection B1a or B1b of this definition cannot be produced, the nonconforming use of land shall be substantiated by any two (2) of the following sources indicating that the nonconforming use of land was established before January 1, 1960:
         a.   A city building permit making reference to the nonconforming use of land.
         b.   The directory published by the multiple listing service of northern Illinois (MLS).
         c.   Utility company records from any utility company servicing the nonconforming use of land or the existence of utility meters serving separate dwelling units [SR]. Utility meters for common areas of the premises shall not be deemed to satisfy this criteria.
         d.   One or both of the two (2) publications listing the names and addresses of persons residing within the city, said publications being commonly referred to as the Polk Directory and the Haynes Directory.
         e.   A Sanborn fire rating map.
         f.   A city of Elgin 1939 residential survey card.
         g.   A classified advertisement appearing in a regularly published newspaper.
         h.   Land use survey maps completed by the city in the year 1972 or 1986. Nonconforming uses of land appearing on both the 1972 and 1986 land use survey maps shall not constitute two (2) sources for purposes of this subsection B2.
         i.   Mortgage documentation or qualified appraisal records from a financial institution made in conjunction with a mortgage loan application or mortgage loan refinancing for the nonconforming use of land.
         j.   Signed and dated federal income tax records including a schedule E form referencing the nonconforming use of land.
   C.   In addition to the requirements set forth in subsection A of this definition, nonconforming uses of land established after January 1, 1960, and before January 1, 1992, shall be substantiated by the following sources:
      1.   The nonconforming use of land shall be substantiated by one of the following sources:
         a.   A land use determination issued by the city of Elgin indicating that the nonconforming use of land was established before January 1, 1992, or
         b.   Real property tax assessment records maintained by either the Kane County supervisor of assessments or the Cook County assessor indicating that the nonconforming use of land was established before January 1, 1992.
      2.   If the documentation required in subsection C1a or C1b of this definition cannot be produced, the nonconforming use of land shall be substantiated by any three (3) of the following sources indicating that the nonconforming use of land was established before January 1, 1992:
         a.   A city building permit making reference to the nonconforming use of land.
         b.   The directory published by the multiple listing service of northern Illinois (MLS).
         c.   Utility company records from any utility company servicing the nonconforming use of land or the existence of utility meters serving separate dwelling units. Utility meters for common areas of the premises shall not be deemed to satisfy this criteria.
         d.   One or both of the two (2) publications listing the names and addresses of persons residing within the city, said publications being commonly referred to as the Polk Directory and the Haynes Directory.
         e.   A Sanborn fire rating map.
         f.   A city of Elgin 1939 residential survey card.
         g.   A classified advertisement appearing in a regularly published newspaper.
         h.   Land use survey maps completed by the city in the year 1972 or 1986. Nonconforming uses of land appearing on both the 1972 and 1986 land use survey maps shall not constitute two (2) sources for purposes of this subsection C2.
         i.   Mortgage documentation or qualified appraisal records from a financial institution made in conjunction with a mortgage loan application or mortgage loan refinancing for the nonconforming use of land.
         j.   Signed and dated federal income tax records including a schedule E form referencing the nonconforming use of land.
      3.   In addition to the requirements set forth in subsections C1 and C2 of this definition, nonconforming uses of land established after January 1, 1960, and before January 1, 1992, shall comply with the off street parking provisions set forth in chapter 19.45 of this title. If the nonconforming use of land cannot create off street parking facilities [SR] in accordance with the provisions set forth in chapter 19.45 of this title, one and one-half (1.5) off street parking stalls [SR] for each "dwelling unit" [SR] shall be created on the "zoning lot" [SR] in which the nonconforming use of land is located, and the nonconforming use of land shall otherwise comply with chapter 19.45 of this title and all other applicable sections of this title.
USE, ORIGINAL RESIDENTIAL: The initial use of a "zoning lot" [SR] for the purpose of a "dwelling" [SR], as such initial dwelling was originally designed and intended, encompassing any lawfully established "single-family dwellings" [SR], "two-family dwellings" [SR], or "multiple-family dwellings" [SR], but excluding "rooming house dwellings" [SR].
USE, PERMITTED: Any "structure" [SR], "building" [SR], or "land use" [SR], which on the effective date of this title, or on the effective date of any subsequent amendment hereto, complies with the applicable regulations governing the permitted uses of the zoning district in which such structure, building, or use is located.
USE, PRINCIPAL: A "land use" [SR] which is the primary use of the land comprising a "zoning lot" [SR], or of the "structure" [SR] or of the "building" [SR].
USE, TEMPORARY: A "land use" [SR] which is established for a fixed period of time with the intent to discontinue such use on the expiration of the time period. A temporary use shall be subject to the following supplementary regulations:
   A.   Land Uses Allowed: A temporary use shall be limited to those permitted uses and accessory uses allowed in the zoning district in which the temporary use is to be located, unless specifically authorized otherwise.
   B.   Number And Duration: No more than four (4) temporary uses shall be conducted on the same "zoning lot" [SR] within a calendar year. No single temporary use shall be established or operate for more than thirty (30) consecutive days, and the total number of days for all temporary uses established or operating on the same "zoning lot" [SR] within a calendar year shall not exceed sixty (60) days. More than one temporary use may be established or operate on the same zoning lot at the same time; however, for each temporary use, one day of establishment or operation of each temporary use is counted against the maximum number of sixty (60) days allowed in a calendar year for all temporary uses on such lot. Except as provided for an "intermittent temporary use" [SR], or for an "intermittent temporary vehicle use" [SR], the days a temporary use permit shall authorize a temporary use to operate or otherwise be open or available to the general public shall be for a prescribed number of consecutive days. Each such time period shall constitute one of the four (4) allowable temporary uses within a calendar year.
   C.   Setbacks: A temporary use shall maintain a minimum fifteen foot (15') setback from all "street lot lines" [SR] and a minimum ten foot (10') setback from all "interior lot lines" [SR]. Temporary uses shall maintain a minimum one hundred foot (100') setback from all interior lot lines which adjoin any residence conservation district or residence district, where such temporary use is not located within such zoning districts.
   D.   Operation: Temporary uses may be operated outdoors. No temporary use shall be operated in such a manner as to cause a public nuisance including, but not limited to, stormwater runoff onto adjoining property, soil erosion, unsafe vehicular access or on site vehicular circulation, or any other activity that jeopardizes the public health, safety or welfare.
   E.   Permit Required: No temporary use shall be established or operate before the person or entity seeking to operate the temporary use has received a temporary use permit therefor. Such permit shall state the absolute start and end dates of the temporary use and the days of operation between said dates. The owner or occupant of the principal use of the zoning lot on which the temporary use is proposed to be located, as well as the person seeking to operate the temporary use, shall be required to complete the application for any temporary use permit.
   F.   Other Codes And Ordinances: A temporary use shall comply with all other codes and ordinances, except the provisions for the required number of parking spaces. "Intermittent temporary uses" [SR] and "intermittent temporary vehicle uses" [SR] are further and distinctly defined within this section and subject to the supplemental regulations associated therewith.
USED MERCHANDISE STORE, CENTER CITY: A "business" [SR] which sells antique, used, or secondhand home furnishings, furniture, glassware, art, architectural artifacts, clothing, shoes, books, musical instruments, and other like wares. Center city used merchandise stores shall be subject to the following supplementary regulations:
   A.   Maximum Floor Area: The "floor area" [SR] for a "center city used merchandise store" [SR] shall not exceed three thousand five hundred (3,500) square feet.
   B.   Maximum Tenants: A "center city used merchandise store" [SR] shall contain no more than five (5) clear and distinct areas operated by a dealer, tenant, subtenant, lessor, sublessor, or other operator different from the principal operator.
   C.   Donations: If the "center city used merchandise store" [SR] accepts donations of goods from third parties, the establishment shall post in a conspicuous place at all entrances a sign stating that donations are not accepted before or after regular business hours and that any donations made before or after regular business hours shall be considered unlawful dumping and subject to prosecution.
   D.   Weaponry: No "center city used merchandise store" [SR] shall display or offer for sale, trade, or any other form of exchange any weapon, ammunition, explosive, or projectile of any type, including, but not limited to, fireworks, firearms, guns, revolvers, pistols, rifles, cannons, swords, knives, bayonets, slingshots, metallic knuckles, martial arts weaponry such as throwing stars or nunchucks, or bows and arrows.
VEHICLE USE AREA: Any land or improvements on which "motor vehicles" [SR] are driven, parked, or stored. "Vehicle use area" for the purpose of calculating maximum vehicle use area shall also mean the sum of the gross horizontal land area measured in square feet, whether or not improved with an approved surface, and designed, intended, or used for the storage, parking, or driving of motor vehicles. Vehicle use areas within "parking structures" [SR] or "parking garages" [SR] shall not be considered vehicle use areas for the purpose of determining the maximum vehicle use area of a "zoning lot" [SR].
VEHICLE USE AREA LANDSCAPE YARD: See "Yard, Vehicle Use Area Landscape" in this section.
VEHICLE USE AREA RATIO: The numerical site capacity value obtained by dividing the "vehicle use area" [SR] of a "zoning lot" [SR] by the "zoning lot area" [SR] of such zoning lot.
VEHICLE USE AREA SETBACK: See "Setback, Vehicle Use Area" in this section.
WIND ENERGY CONVERSION SYSTEM: Equipment used solely within a nonresidential application to convert and then store or transfer energy from the wind into electricity. This equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component used in the system. A wind energy conversion system shall be subject to the following supplementary regulations:
   A.   Maximum Capacity: Wind energy conversion systems shall have a maximum rated capacity of not more than twenty (20) kilowatts.
   B.   Compatibility With Neighboring Properties: Wind energy conversion system shall utilize building materials that comply with the wind turbine manufacturer's specifications. The accessory equipment structure should have colors and textures that are compatible with the existing principal building on the "zoning lot" [SR] and that effectively blend the system into the surrounding setting and environment to the greatest extent possible. "Accessory structures" [SR] shall comply with chapter 19.14, "Architectural Review And Design" of this title. Additionally, no wind energy conversion system tower shall be constructed with climbing rungs less than twelve feet (12') from the grade on which the tower is located.
   C.   Electromagnetic Interference: No wind energy conversion system shall cause electromagnetic degradation in performance of other electromagnetic radiators or receptors of quality and proper design.
      1.   The determination of degradation of performance and of quality and proper design shall be made in accordance with good engineering practices as defined in the latest principles and standards of the American Institute Of Electrical Engineers, the Institute Of Radio Engineers and Electrical Industries Association. In case of any conflict between the latest standards and principles of these groups, the precedence in the interpretation of the standards and principles shall be in their order of listing (with the former listed group granted highest priority).
      2.   Rotor blades shall utilize nonmetallic rotor blades unless the applicant can supply documentation from an appropriate testing laboratory certifying that any metallic blade rotor proposed to be used will not cause electromagnetic interference.
      3.   The city reserves the right to revoke any permit granting a wind energy conversion system whenever electromagnetic interference from that system becomes evident.
   D.   Shadow Flicker And Blade Glint: A wind energy system shall be located, designed and operated so that shadow flicker from moving blades or reflected blade glint of the sun will not occur on any other property. Applications for wind energy conversion system towers shall be accompanied by documentation including an analysis on potential shadow flicker and blade glint on other properties.
      1.   The analysis shall identify the locations of shadow flicker and blade glint that may be caused by the proposed wind energy conversion system, and the expected durations of the flicker and blade glint at these locations from sunrise to sunset over the course of a year.
      2.   The analysis shall identify measures that shall be taken to eliminate or mitigate the problems.
   E.   High Wind Safety: All wind energy conversion systems shall contain a rotor speed regulation mechanism that engages at wind speeds in excess of the manufacturer's recommended safe operating speed and minimizes the potential for wind damage to the equipment. Manufacturer's specifications shall be submitted with the building permit application.
   F.   Graphics: No graphics of any kind are permitted, except for any applicable warning and equipment information graphics required by the manufacturer or by federal, state or local regulations.
   G.   Lighting: Wind energy conversion systems shall not be illuminated by artificial means, except where the illumination is specifically required by the federal aviation administration (FAA) or federal, state, or local regulation.
   H.   Noise: Wind energy conversion systems shall comply with standards governing noise as contained in title 10, chapter 10.30 of this code. Additionally, a noise report shall be submitted with any application for a wind energy conversion system tower. The noise report shall be prepared by a qualified professional and shall include the following:
      1.   A description of the wind energy conversion system's noise producing features, including the range of noise levels expected;
      2.   A description and map of the noise sensitive environment located within one thousand feet (1,000') of the wind energy conversion system, including any sensitive noise receptors, i.e., residences, hospitals, libraries, schools, places of worship, parks, areas with outdoor workers and other facilities where noise is a significant concern;
      3.   A survey and report prepared by a qualified engineer that analyzes the preexisting ambient noise (including seasonal variation) and the affected sensitive noise receptors located within one thousand feet (1,000') of the proposed project site;
      4.   A description of the proposed noise control features and specific measures proposed to mitigate noise impacts for sensitive receptors as identified above to a level of insignificance.
   I.   Maintenance Required: All wind energy conversion systems shall be kept in good repair and free from rust.
   J.   Abandonment: A wind energy conversion system shall be deemed abandoned if the use as a wind energy conversion system is discontinued. There shall exist a rebuttable presumption that the use was intended to be abandoned, if the normal operation of the system is stopped for a period of one year. All components of an abandoned or unused wind energy conversion system shall be removed within twelve (12) months of the cessation of operations unless an extension is approved by the code enforcement official. If an extension is not granted, such wind energy conversion system shall be deemed a nuisance, and subject to the requirements of the city's property maintenance code, requiring removal at the property owner's expense. Following the removal of the wind energy conversion system, the owner or operator of the site shall restore the site to at least its original condition.
WIND ENERGY CONVERSION SYSTEM MOUNTED ON AN EXISTING BUILDING: Any "wind energy conversion system" [SR] which is not a "wind energy conversion system tower" [SR], and which is located on an existing "building" [SR]. A "wind energy conversion system mounted on an existing building" [SR] shall be subject to the following supplementary regulations:
   A.   Clearance: No component of a "wind energy conversion system mounted on an existing building" [SR] shall be lower than fifteen feet (15') above the average grade at the foundation of the building. Additionally, no component of a wind energy conversion system mounted on an existing building shall exceed twenty feet (20') in height above the average surface of the roof measured at the base of the system. The applicant shall justify the height request with documentation on the relationship of the proposed height to the efficiency of the particular wind energy conversion system proposed to be used.
   B.   Number: Each "wind energy conversion system mounted on an existing building" [SR] shall have at least ten thousand (10,000) square feet of building rooftop, and no building rooftop shall have more than five (5) such systems.
   C.   Location: No wind energy conversion system shall be located on the face of an existing structure or cover or interrupt any major architectural feature, such as doors, windows, or decorative architectural elements. Wind energy conversion systems shall be mounted on the roof of buildings and set back no less than ten feet (10') from the front, side and rear walls of the building upon which it is mounted.
   D.   Accessory Equipment: Accessory equipment shall be either roof mounted or located within an enclosed building. Roof mounted accessory equipment shall be screened from view from public rights of way through the use of screening fences or walls. All screening shall be constructed fully of materials incorporating the principal building materials and architectural elements. Screening of the rooftop wind energy conversion system is not required.
   E.   Building Containing A Residential Land Use: No wind energy conversion system shall be located on a building containing a residential land use within the building.
   F.   Building Designated An Individual Historic Landmark: No wind energy conversion system shall be located on a building that is designated an individual historic landmark in accordance with title 20, "Historic Preservation", of this code.
WIND ENERGY CONVERSION SYSTEM TOWER: A "wind energy conversion system" [SR] mounted on any type of structure consisting of a mast, pole, tripod, or tower, which exceeds twenty (20) linear feet in combined height, where the sole purpose of such structure is to increase the height of the wind energy conversion system. Wind energy conversion system towers shall be subject to the following supplementary regulations:
   A.   Number: No more than one wind energy conversion system tower may be located on a "zoning lot" [SR] less than five (5) acres, and no more than three (3) wind energy conversion system towers may be located on a zoning lot greater than five (5) acres.
   B.   Separation: Wind energy conversion system towers shall be separated by a distance equal to two times (2x) the height of the tallest tower.
   C.   Height:
      1.   For the purpose of this supplementary regulation, "combined height" shall mean the height measured at the highest part of the wind energy conservation system tower plus the tallest extension of any part of the wind energy conversation system mounted thereto, such as the rotor blade.
      2.   The maximum combined height of a wind energy conversion system tower shall not exceed sixty feet (60') on a zoning lot less than five (5) acres and one hundred feet (100') on a zoning lot greater than five (5) acres. The applicant shall justify the height request with documentation on the relationship of the proposed height to the efficiency of the particular wind energy conversion system proposed to be used.
      3.   A wind energy conversion system tower may have a combined height of no more than one hundred fifty feet (150') on a zoning lot greater than five (5) acres only if the wind energy conversion system tower is located at least one thousand (1,000) feet from a residence district, a residence conservation district, or residential property located beyond the city's municipal boundary located within a district primarily designated residential. The applicant shall justify the height request with documentation on the relationship of the proposed height to the efficiency of the particular wind energy conversion system proposed to be used.
      4.   The distance limitation in subsection C3 of this definition shall be measured in a straight line, without regard to intervening structures, objects, or nonresidential zoning districts, from the base of the wind energy conversion system tower to the nearest point on the nearest residence district or residence conservation district or to the nearest point on the "lot of record" [SR] line of a residential property located beyond the city's municipal boundary located within a district primarily designated residential.
      5.   The minimum distance between the ground and the vertical length of any extensions or moving parts such as rotor blades shall be fifteen feet (15').
   D.   Setback: Wind energy conversion system towers shall be located a minimum distance in an amount equal to 1.1 times the combined height of the wind energy conversion system tower from any residence conservation district, any residence district, any community facility district, any business district, the CI commercial industrial district, a public right of way, or residential property located beyond the city's municipal boundary located within a district primarily designated residential.
   E.   Accessory Equipment: All accessory equipment shall be located within an enclosed building or, where such equipment is located on the ground, shall be screened on all sides with a solid fence and screening landscape material. The fence shall be no less than six feet (6') in height and landscape material shall consist of a combination of evergreen trees and shrubs where the number of trees is calculated as the total length of the perimeter of the screening fence (L) divided by fifty (50) and the number of shrubs is calculated as the total length of the perimeter of the screening fence (L) multiplied by 0.15.
   F.   Design: Wind energy conversion system towers shall be designed as a monopole. Metal towers shall be constructed per the wind turbine manufacturer's specifications and be of a corrosive resistant material. Unpainted, galvanized metal towers shall be well maintained and free from corrosion.
YARD: Any portion of a zoning lot, which is unobstructed from the ground upward, except as otherwise provided in this title.
YARD, INTERIOR LANDSCAPE: A "yard" [SR] located within the interior of the perimeter of a "vehicle use area" or located between a vehicle use area and a "building" [SR] on the same "zoning lot" [SR].
YARD, REAR: A "yard" [SR] bounded by the horizontal planes of the foundation of the "principal building" [SR], as extended where there is more than one principal building, including all of the horizontal planes which face the "rear lot line" [SR]; by those lines which are perpendicular to the interior lot lines and which extend to those corners of the principal building, which are on a horizontal plane of the foundation facing the rear lot line, and which corners are primarily the farthest from the rear lot line and which corners are secondarily the closest to each interior lot line; and by the "interior lot lines" [SR].
YARD, SIDE: A "yard" [SR] bounded by the horizontal planes of the foundation of the "principal building" [SR], as extended where there is more than one principal building; by the "street yard" [SR]; and by the "rear yard" [SR].
YARD, STREET: A "yard" [SR] bounded by the horizontal planes of the foundation of the "building" [SR], as extended where there is more than one building, including all of the horizontal planes which face the "street lot line" [SR]; by the "interior lot lines" [SR] from their points of intersection with the street lot line to their points of intersection with those lines which are perpendicular to the interior lot lines and which extend to those corners of the building, which are on a horizontal plane of the foundation, which faces the street lot line, and which corners are primarily the farthest from the street lot line and are secondarily the closest to each interior lot line; and by the full length of the street lot line to its points of intersection with the interior lot lines.
YARD, TRANSITION: A "yard" [SR] which adjoins a residence conservation district or a residence district along a coterminous "interior lot line" [SR]; which is bounded by the horizontal planes of the foundation of the "principal building" [SR], as extended where there is more than one principal building, including all of the horizontal planes which face such interior lot line; by those lines which are perpendicular to other interior lot lines or "street lot lines" [SR], and which extend to those corners of the "principal building" [SR], which are on a horizontal plane of the foundation facing such interior lot line, and which corners of the principal building are primarily the farthest from such interior lot line and which corners of the principal building are secondarily the closest to each other interior lot line or street lot line; and by the other interior lot lines.
YARD, TRANSITION LANDSCAPE: That portion of a "transition yard" [SR], which directly adjoins a residence conservation district or a residence district along a coterminous "interior lot line" [SR].
YARD, VEHICLE USE AREA LANDSCAPE: The "yard" [SR] located between a "lot line" [SR] and a "vehicle use area" [SR], as established by a "vehicle use area setback", and extending parallel or approximately parallel to the lot line, whether required or provided.
ZONING LOT: See "Lot, Zoning" in this section.
ZONING LOT AREA: See "Lot Area, Zoning" in this section. (Ord. G63-19 § 3, 2019; Ord. G6-15, 2015; Ord. G57-14, 2014; Ord. G52-14, 2014; Ord. G51-14, 2014; Ord. G13-14, 2014; Ord. G9-14, 2014; Ord. G24-13, 2013; Ord. G15-13, 2013; Ord. G38-12, 2012; Ord. G4-12, 2012; Ord. G35-11, 2011; Ord. G36-09 § 1, 2009; Ord. G6-09 §§ 1, 2, 2009; Ord. G71-08 § 5, 2008; Ord. G33-07 § 5, 2007; Ord. G9-07 § 1, 2007; Ord. G37-06 § 2, 2006; Ord. G30-06 §§ 1, 2, 2006; Ord. G87-05 §§ 2, 3, 2005; Ord. G87-04 § 10, 2004; Ord. G70-03 §§ 9, 10, 11, 2003; Ord. G30-02 § 2, 2002; Ord. G68-99 §§ 1, 6, 1999; Ord. G36-99 § 1, 1999; Ord. G38-98 §§ 3, 4, 1998; Ord. G37-98 § 1, 1998; Ord. G75-97 § 1, 1997; Ord. G44-96 §§ 14 - 16, 1996; Ord. G82-95 §§ 2 - 10, 1995; Ord. G81-95 § 2, 1995; Ord. G70-95 §§ 3, 4, 1995; Ord. G66-94 § 1, 1994; Ord. G23-94 § 1, 1994; Ord. G45-92 § 2, 1992)

 

Notes

1
1. 410 ILCS 625/4.
2
1. 410 ILCS 625/4.