As used in this Zoning Code the following words and terms shall have the following definitions.
(1) ABANDONMENT. An action to give up one's rights or interests in property.
(2) ACCESSORY BUILDING OR USE.
A. An "accessory building or use" is one which:
1. Is subordinate to and serves a principal building or principal use;
2. Is subordinate in area, extent or purpose to the principal building or principal use served;
3. Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and
4. Is located on the same zoning lot as the principal building or principal use served with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served.
B. An "accessory use" includes, but is not limited to, the following:
1. A children's playhouse, garden house and private greenhouse;
2. A shed, garage or building for domestic storage;
3. Incinerators incidental to residential use;
4. Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless such storage is excluded by the district regulations;
5. Storage of goods used in or produced by manufacturing activities on the same lot or parcel of ground with such activities unless such storage is excluded by the district regulations;
6. A non-paying guest house or rooms for guests within an "accessory building," provided such facilities are used for the occasional housing of guests of the occupants of the principal building and not for permanent occupancy by others as housekeeping units;
7. Servants' quarters comprising part of an accessory garage and solely for occupancy by a servant or household employee (and his or her family) of the occupants of the principal dwelling;
8. A private swimming pool for use by the occupant and his or her guests;
9. Off-street motor car parking areas, and loading and unloading facilities;
10. Signs (other than advertising signs) as permitted and regulated in each district incorporated herein;
11. Carports;
12. Public utility facilities, such as telephone, electric, gas, water and sewer lines, their supports and incidental equipment; and
13. Solar canopies.
(3) ACREAGE. Any tract or parcel of land having an area of one acre or more which has not heretofore been subdivided or platted.
(4) ALLEY. A public way, not more than thirty feet wide, which affords only a secondary means of access to abutting property.
(5) ALTERATION, STRUCTURAL. Any change which would tend to prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders.
(6) ANIMAL HOSPITAL. Any building or portion thereof designed or used for the care, observation or treatment of domestic animals.
(7) APARTMENT. A room or suite of rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen facilities, permanently installed, must always be included for each apartment.
(8) APARTMENT HOTEL. See Hotel, Apartment.
(9) APARTMENT HOUSE. See Dwelling, Multiple-Family.
(10) AUDITORIUM. A room, hall or building made a part of a church, theater, school, recreation building or other building assigned to the gathering of people as an audience, to hear lectures, plays and other presentations.
(11) AUTOMOBILE LAUNDRY. A building, or portion thereof, where automobiles are washed with the use of a chain conveyor and blower or steam-cleaning device.
(12) AUTOMOBILE AND TRAILER SALES AREA. An open area, other than a street, used for the display or sale of new or used automobiles or trailers, and where no repair work is done except for minor incidental repair of automobiles or trailers to be displayed and sold on the premises.
(13) AUTOMOBILE REPAIR, MAJOR. Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair, and painting of vehicles.
(14) AUTOMOBILE REPAIR, MINOR. Incidental repairs, replacement of parts and motor service to automobiles, but not including any operation specified under "Automobile Repair, Major."
(15) AUTOMOBILE SERVICE STATION. A place where gasoline, stored only in underground tanks, kerosene and lubricating oil or grease, for operation of automobiles, are offered for sale directly to the public, on the premises, including minor accessories and the servicing of automobiles, and also including washing of automobiles where no chain conveyor, blower or steam-cleaning device is employed, but not including major automobile repairs. When the dispensing, sale or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage. Automobile service stations shall not include sale or storage of automobiles or trailers (new or used).
(16) AUTOMOBILE WRECKING YARD. Any place where two or more motor vehicles, not in running condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof, and including any used farm vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition, and including the commercial salvaging of any other goods, articles or merchandise.
(17) AWNING. A rooflike cover, temporary in nature, which projects from the wall of a building or overhangs the public way.
(18) BASEMENT. A story partly or wholly underground. Where more than one-half of its height is above the established curb level, or above the average level of the adjoining ground where the curb level has not been established, a basement shall be counted as a story for purposes of height measurement.
(19) BED AND BREAKFAST ESTABLISHMENT. An operator-occupied residence providing accommodations for a charge to the public with no more than five guest rooms for rent, in operation for more than ten nights in a twelve-month period. Breakfast may be provided to the guests only. Bed and breakfast establishments shall not include motels, hotels, boarding houses or food service establishments. "Operator," as used herein, shall mean the owner of the bed and breakfast establishment, or the owner's agent, who is required by this Zoning Code to reside in the bed and breakfast establishment, or on contiguous property. "Guest room," as used herein, shall mean a sleeping room intended to serve no more than two transient guests per night.
(20) BILLBOARD. Any sign structure of a licensed operator, upon which the advertising material is pasted rather than painted.
(21) BLOCK. A tract of land bounded by streets or, in lieu of a street or streets, by public parks, cemeteries, railroad rights of way, bulkhead lines or shore lines of waterways, or corporate boundary lines of municipalities.
(22) BOARDING HOUSE. A building other than a hotel or restaurant where meals are provided for compensation to four or more persons, but not more than twelve, who are not members of the keeper's family.
(23) BUILDABLE AREA. The space remaining on a zoning lot after the minimum open space requirements have been complied with.
(24) BUILDING. Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or openings, and which is designed or intended for the shelter, enclosure or protection of persons, animals or chattels.
Any structure with interior areas not normally accessible for human use, such as gas holders, oil tanks, water tanks, grain elevators, coal bunkers, oil cracking towers and other similar structures, is not considered to be a building.
(25) BUILDING, COMPLETELY ENCLOSED. A building separated on all sides from the adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.
(26) BUILDING, DETACHED. A building surrounded by open space on the same zoning lot.
(27) BUILDING HEIGHT. The vertical distance measured from the sidewalk level or its equivalent established grade, opposite the middle of the front of the building, to the highest elevation of the roof in the case of a slant or flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of a gable, hip or gambrel roof; provided that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.
(28) BUILDING LINE. The line nearest the front of and across a zoning lot, establishing the minimum open space to be provided between the front line of a building or structure and the street right-of-way line.
(29) BUILDING, NON-CONFORMING. Any building which does not conform to the regulations herein prescribing the maximum floor area ratio, required yards, coverage, height and setbacks, minimum required spacing between buildings on a single lot, and minimum required usable open space for the district in which such building is located.
(30) BUILDING, PRINCIPAL. A non-accessory building in which is conducted the principal use of the zoning lot on which it is located.
(31) BUILDING SETBACK LINE. A line parallel to the street line at a distance from it, regulated by the front yard requirements set forth herein.
(32) BUILDING, TEMPORARY. Any building not designed to be permanently located in the place where it is or where it is intended to be placed or affixed.
(33) BULK. The term used to indicate the size and setbacks of buildings or structures and the location of the same with respect to one another, including the following:
A. Size and height of buildings;
B. Location of exterior walls at all levels in relation to lot lines, streets or other buildings;
C. Gross floor area of buildings in relation to lot area (floor area ratio);
D. All open spaces allocated to the building;
E. Amount of lot area per dwelling unit;
F. Required parking areas.
(34) BUS LOTS. Any lot or land area used for the storage or layover of passenger buses or motor coaches.
(35) CARPORT. A roofed-over area attached to the principal building for vehicle storage, which may be open on three sides.
(36) CELLAR. A story having more than one-half of its height below the curb level or below the highest level of the adjoining ground. A cellar shall not be counted as a story for the purpose of height measurement.
(37) CLUB OR LODGE, PRIVATE. A non-profit association of persons who are bona fide members paying annual dues, which owns, hires or leases a building or portion thereof, the use of such premises being restricted to members and their guests.
It shall be permissible to serve food and meals on such premises, provided that adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to the members and their guests shall be allowed in conjunction with the operation of a dining room for the purpose of serving food and meals, though such beverages may be served in a separate room or rooms, provided that such sale of alcoholic beverages is in compliance with the applicable Federal, State and City laws.
(38) COMMISSION. The Planning Commission of the City.
(39) CONDOMINIUM. One structure containing two or more dwelling units, each dwelling unit under separate ownership.
(40) CONDOMINIUM DEVELOPMENTS. A tract of land containing two or more condominiums to be platted in accordance with the provisions of the Illinois Condominium Property Act (765 ILCS 605/1 et seq., as amended).
(41) COURT, OUTER. An open, unoccupied space opening onto a street, alley or yard.
(42) CURB LEVEL. The level of the established curb in front of a building measured at the center of such front. Where a building faces on more than one street, the "curb level" shall be the average of the levels of the curbs at the center of the front of each street. Where no curb elevation has been established, the mean level of the land immediately adjacent to the building shall be considered the "curb level."
(43) DAY NURSERY. A building or portion thereof used for the daytime care of preschool age children.
(44) DECIBEL. A unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure the intensity of sound are calibrated in "decibels."
(45) DWELLING. A building or portion thereof, but not including a house trailer or mobile home, designed or used exclusively for residential occupancy, including one-family dwelling units, two-family dwelling units and multiple-family dwelling units, but not including hotels, motels or boarding or lodging houses.
(46) DWELLING, ATTACHED. A dwelling which is joined to another dwelling at one or more sides by a party wall or walls.
(47) DWELLING, DETACHED. A dwelling which is entirely surrounded by open space on the same lot.
(48) DWELLING GROUP. Two or more one-family, two-family or multiple-family dwellings, or boarding or lodging houses, located on one zoning lot, but not including tourist courts or motels.
(49) DWELLING, MULTIPLE-FAMILY. A building or portion thereof designed or altered for occupancy by three or more families living independently of each other.
(50) DWELLING, ONE-FAMILY. A dwelling unit designed exclusively for use and occupancy by one family.
(51) DWELLING, ROW (PARTY WALL). A row of two to eight attached one-family, party-wall dwellings, not more than two and one-half stories in height nor more than two rooms in depth, measured from the building line.
(52) DWELLING, TWO-FAMILY. A building designed or altered to provide dwelling units for occupancy by two families.
(53) DWELLING UNIT. One or more rooms in a residential structure which are arranged, designed, used or intended to be used by one family, plus not more than four lodgers, for living or sleeping purposes, and which include complete kitchen facilities permanently installed.
(54) EDUCATIONAL INSTITUTION. A public, parochial, charitable or non-profit junior college, college or university, other than trade or business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees.
(55) FAMILY. Either:
A. Two or more persons, each related to the other by blood, marriage or adoption, together with usual domestic servants and not more than one bona fide guest, all living together as a single housekeeping unit and using common kitchen facilities (that is, a related family); or
B. Four or fewer persons, all of whom are not necessarily related to each of the others by blood, marriage or adoption, all living together as a single housekeeping unit and using common kitchen facilities (that is, an unrelated family).
(56) FLOOR AREA, GROSS (FOR THE PURPOSE OF DETERMINING FLOOR AREA RATIO). The sum of the gross horizontal areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls or from the centerline of party walls separating two buildings. In particular, "gross floor area" shall include:
A. Basement space if at least one-half of the basement story height is above the established curb or ground level;
B. Elevator shafts and stairwells at each floor;
C. Floor space used for mechanical equipment where the structural headroom exceeds seven and one-half feet, except equipment, open or enclosed, located on the roof, i.e. bulkheads, water tanks and cooling towers;
D. Attic floor space where the structural headroom exceeds seven and one-half feet;
E. Interior balconies and mezzanines;
F. Enclosed porches, but not terraces and breezeways; and
G. Accessory buildings.
(57) FLOOR AREA, GROSS (FOR THE PURPOSE OF DETERMINING REQUIREMENTS FOR OFF-STREET PARKING AND OFF-STREET LOADING). The sum of the gross horizontal area of the several floors of a building, or portion thereof, devoted to the use, including accessory storage areas located within selling or working space, such as counters, racks or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.
However, floor area, for the purpose of measurement of off-street parking spaces, shall not include floor area devoted primarily to storage purposes, nor shall it include:
A. Floor area devoted to off-street parking or loading facilities, including aisles, ramps and maneuvering space; or
B. Basement floor area other than area devoted to retailing or service activities, or the production or processing of goods, or to business or professional offices.
(58) FLOOR AREA RATIO (F.A.R.). The total floor area of the building or buildings on a zoning lot divided by the area of such zoning lot, or, in the case of a planned development, by the net site area.
(59) FREQUENCY. The number of oscillations per second in a sound wave measuring the pitch of the resulting sound.
(60) FRONTAGE. All the property fronting on one side of a street between the nearest intersecting streets or between a street and a right of way, waterway or other similar barrier.
(61) GARAGE, BUS. Any building used or intended to be used for the storage of three or more passenger motor buses, or motor coaches used in public transportation, including school buses.
(62) GARAGE, BUS OR TRUCK. A building which is used or intended to be used for the storage of motor trucks, truck trailers, tractors and commercial vehicles exceeding one and one-half tons capacity.
(63) GARAGE, PRIVATE. Any accessory building, or an accessory portion of the principal building, which is intended for and used to store the private passenger vehicles of the family or families resident on the premises, and in which no business, service or industry connected directly or indirectly with the automotive vehicles is carried on, provided that not more than one-half of the space may be rented for the private vehicles of persons not resident on the premises, except that all the space in a garage of one or two-car capacity may be so rented. Such a garage shall not be used for more than one commercial vehicle and the load capacity of such vehicle shall not exceed one and one-half tons.
(64) GARAGE, PUBLIC. A building, other than a private garage, suited for the care, incidental servicing and sale of automobile supplies, or where motor vehicles are parked or stored for remuneration, hire or sale within the structure, but not including trucks, tractors, truck trailers and commercial vehicles exceeding one and one-half tons capacity.
(65) GOLF COURSE. Public, semi-public or private grounds over which the game of golf is played, including accessory buildings and land uses incidental thereto, and consisting of at least sixty acres for each standard nine-hole course, and twenty-five acres for each nine-hole "par 3" course.
(66) GRADE, STREET. The elevation of the established street in front of the building measured at the center of such front. Where no street grade has been established, the Public Works Director shall establish such street grade or its equivalent for the purpose of this section.
(67) GUEST HOUSE. Living quarters within a detached accessory building located on the same premises with the principal building for use by temporary guests of the occupants of the premises. Such quarters shall have no kitchen facilities nor be rented or otherwise used as a separate dwelling.
(68) HOME OCCUPATION. Any occupation or profession carried on by a member of a family, residing on the premises, in connection with which there is used no sign other than one non-illuminated nameplate which is not more than one square foot in area, provided that no commodity is sold upon the premises, and provided, further, that no person is employed other than a member of the immediate family residing on the premises, and provided, further, that no mechanical equipment is used except such as is normally used for domestic, hobby or household purposes.
Home occupation shall include the use of premises by a physician, surgeon, dentist, lawyer, clergyman or other professional person for the consultation or emergency treatment, but not for the general practice of his or her profession.
(69) HOSPITAL OR SANITARIUM. An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than twenty-four hours in any week of three or more non-related individuals suffering from illness, disease, injury, deformity or other abnormal physical condition. The term "hospital," as used herein, does not apply to institutions operating solely for the treatment of insane persons, drug addicts, liquor addicts or other types of cases necessitating restraint of patients, and the term "hospital" shall not be used for convalescent, nursing, shelter or boarding homes.
(70) HOTEL, APARTMENT. A building containing dwelling units or individual guest rooms, the majority of which are for permanent guests.
(71) HOTEL OR MOTEL. An establishment containing lodging accommodations designed for use by transients, travelers or temporary guests. Facilities provided may include maid service, laundering of linen used on the premises, telephone and secretarial or desk service, meeting rooms and restaurants, including the sale of alcoholic beverages.
(72) JUNK YARD. An open area where waste, scrap metal, paper, rags or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including auto and building wrecking yards, but excluding similar uses taking place entirely within a completely enclosed building.
(73) KENNEL, COMMERCIAL. Any lot or premises or portion thereof on which more than four dogs, cats or other household domestic animals over four months of age are kept or on which more than two such animals are boarded for compensation or kept for sale.
(74) LABORATORY, COMMERCIAL. A place devoted to experimental study such as testing and analyzing. Manufacturing, assembly or packaging of products is not included within this definition.
(75) LOADING AND UNLOADING SPACE OR BERTH, OFF-STREET. An open, hard-surfaced area of land, other than a street or other public way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors and trailers, to avoid undue interference with public streets and alleys. Such space shall not be less than ten feet in width, thirty-five feet in length, and fourteen feet in height, exclusive of access aisles and maneuvering space.
(76) LODGING OR ROOMING HOUSE. A building with not more than five guest rooms where lodging is provided for compensation pursuant to previous arrangement, but not open on a daily, overnight or per-meal basis to transient guests.
(77) LOT. A parcel of land legally described as a distinct portion or piece of land of record.
A. LOT, REAR. The portion of a lot which is located between the outer wall of the primary structure situated closest to the rear lot line, and the rear lot line.
B. LOT, FRONT. The portion of a lot which is located between the outer wall of the primary structure situated closest to the front lot line, and the front lot line.
(78) LOT AREA. The area of a horizontal plane bounded by vertical planes containing the front, side and rear lot lines.
(79) LOT, CORNER. A lot situated at the junction of and abutting on two or more intersecting streets, or a lot at the point of deflection in alignment of a single street, the interior angle of which is 135 degrees or less.
(80) LOT COVERAGE. The area of a zoning lot occupied by the principal building or buildings and accessory buildings.
(81) LOT DEPTH. The mean horizontal distance between the front and rear lot lines of a lot measured within the lot boundaries.
(82) LOT FRONTAGE. The boundary of a lot along a public street. For a corner lot the owner may elect either street line as the front lot line.
(83) LOT, INTERIOR. A lot other than a corner or reversed corner lot.
(84) LOT LINE. A property boundary line of any lot held in single or separate ownership, except that where any portion of the lot extends to the abutting street or alley, the lot line shall be deemed to be the street or alley line.
(85) LOT LINE, FRONT. The front property line of a zoning lot.
(86) LOT LINE, INTERIOR. A side lot line common with another lot.
(87) LOT LINE, REAR. The lot line or lot lines most nearly parallel to and most remote from the front lot lines.
(88) LOT LINE, SIDE. A lot line other than a front or rear lot line.
(89) LOT OF RECORD. An area of land designated as a lot on a plat of subdivision recorded or registered, pursuant to statute.
(90) LOT, REVERSED CORNER. A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.
(91) LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets and which is not a corner lot. On a through lot both street lines shall be deemed front lot lines.
(92) LOT WIDTH. The mean horizontal distance between the side lot lines measured within the lot boundaries, or the minimum distance between the side lot lines within the buildable area.
(93) MANUFACTURE. The making of anything by any agency or process.
(94) MARQUEE OR CANOPY. A rooflike structure of a permanent nature which projects from the wall of a building and overhangs the public way, and which is designed and intended to protect pedestrians from adverse weather conditions.
(95) MEDICAL CENTER OR MEDICAL CLINIC. An establishment where three or more licensed doctors of medicine engage in the practice of medicine, operating on a group or individual basis, with pooled facilities, such as coordinated laboratory, X-ray and allied departments, for the diagnosis and treatment of humans, which need not, but may, include a drug prescription counter (not a drug store) for the dispensing of drugs and pharmaceutical products to the patients of the said organization. In addition to the above, the medical center or medical clinic may include the space for the practice of dentistry.
(96) MOTOR FREIGHT TERMINAL. A building in which freight, brought to said building by motor truck, is assembled and sorted for routing in intrastate and interstate shipment by motor truck.
(97) NAMEPLATE. A sign indicating the name and address of a building or the name of an occupant thereof and the practice of a permitted occupation therein.
(98) NON-CONFORMING USE. Any building, structure or land lawfully occupied by a use or lawfully established at the time of the adoption of this Zoning Code or amendments thereto, which does not conform after the passage of this Zoning Code or amendments thereto with the use regulations of this Zoning Code.
(99) NOXIOUS MATTER. Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the psychological, social or economic well-being of human beings.
(100) NURSING HOME. A licensed public or private home or institute which provides maintenance, personal care and nursing for three or more persons who, by reason of physical illness or infirmity, are incapable of maintaining a private, independent residence.
(101) OCTAVE BAND. A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.
(102) OCTAVE BAND FILTER. An electrical frequency analyzer, designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals. (American Standard for Sound Level Meters, A.S.A. No. 224.3-1944).
(103) OPEN SALES LOT. Any land used or occupied for the purpose of buying and selling new or second-hand passenger cars or trucks, motor scooters, motorcycles, boats, trailers, aircraft and monuments, and for the storing of same prior to sale.
(104) PARKING AREA, PRIVATE. An open, hard-surfaced area, other than a street or other public way, designed, arranged and made available for the storage of private passenger automobiles only, of occupants of the building or buildings for which the parking area is developed and is accessory.
(105) PARKING AREA, PUBLIC. An open, hard-surfaced area, other than a street or other public way, intended to be used for the storage of passenger automobiles and commercial vehicles under one and one-half tons capacity, and available to the public, whether for compensation, free or as an accommodation to clients or customers.
(106) PARKING SPACE, AUTOMOBILE. Space within a public or private parking area of not less than 200 square feet (ten feet by twenty feet), exclusive of access drives, aisles, ramps, columns or office and work areas, for the storage of one passenger automobile or commercial vehicle under one and one-half tons capacity.
(107) PARTICULATE MATTER. Material which is suspended in or discharged into the atmosphere in finely divided form as a liquid or solid at atmospheric pressure and temperature.
(108) PERFORMANCE STANDARD. A criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat, generated by or inherent in uses of land or buildings.
(109) PERSON WITH A DISABILITY. Any individual whose disability:
A. Is attributable to mental, intellectual or physical impairment or a combination of mental, intellectual or physical impairment; and
B. Is likely to continue for a significant period of time or indefinitely; and
C. Results in functional limitations in three or more of the following areas of major life activities:
1. Self care;
2. Receptive or expressive language;
3. Learning;
4. Mobility;
5. Self direction;
6. Capacity for independent living;
7. Economic self-sufficiency; and
D. Reflects the person's need for a combination and sequence of special interdisciplinary or generic care, treatment or other services which are of a life-long or extended duration.
(110) PLANNED DEVELOPMENT. A tract of land which is developed initially as a unit under single ownership or control, which includes two or more principal buildings, and which is at least seven acres in area for a residential planned development, five acres for a business planned development, two acres for a planned development operated by a municipal corporation, and ten acres for a manufacturing planned development.
(111) PORCH. A roofed-over structure, projecting out from the wall or walls of a main structure and commonly open to the weather in part.
(112) PRESCRIPTION CENTER. A limited drug outlet not dealing in general merchandise, but only in medicines, drugs and light lunches, and being located on a zoning lot or tract contiguous to a zoning lot upon which a group medical center is located.
(113) PRINCIPAL USE. The main use of land or buildings as distinguished from a subordinate or accessory use.
(114) PUBLIC OPEN SPACE. Any publicly-owned open area, including, but not limited to, the following: parks, playgrounds, forest preserves, beaches, waterways, parkways and streets.
(115) PUBLIC UTILITY. Any person, firm, corporation or municipal department, duly authorized to furnish to the public, under public regulation, electricity, gas, steam, telephone, transportation or water.
(116) RESIDENTIAL-CARE. Maintenance (room and board) and oversight (general watchfulness and appropriate services to meet the needs of the residents, including, but not limited to, social, recreational and employment opportunities).
(117) RESIDENTIAL-CARE HOME. Any living quarters wherein unrelated individuals are provided residential care. A residential day care home does not include a nursing home, hospital, adult day care center or a community reintegration facility.
A. RESIDENTIAL-CARE HOME, LARGE. A residential-care home for five or more persons, plus supervisory or oversight personnel, living together as a single housekeeping unit for the primary purpose of providing shelter.
B. RESIDENTIAL-CARE HOME, SMALL. A residential-care home for four persons or fewer, plus supervisory or oversight personnel, living together as a single housekeeping unit for the primary purpose of providing shelter in a family-like atmosphere as part of the residential community.
(118) COMMUNITY REINTEGRATION FACILITY. A building serving as a residence for individuals after release from institutionalization or inpatient treatment for any reason, including, but not limited to, mental illness, drug addiction, or criminal activity, which is designed to facilitate the residents' readjustment to private life.
A. COMMUNITY REINTEGRATION FACILITY, EX-OFFENDER. A community reintegration facility whose purposes include serving as housing for formerly incarcerated persons, including, but not limited to, recently released inmates or parolees, for the purpose of assisting their reintegration into the community or other similar goals.
B. COMMUNITY REINTEGRATION FACILITY, SUBSTANCE USE. A community reintegration facility whose purposes include serving as housing for persons recently released from inpatient treatment for drug and/or alcohol abuse or dependency, for the purpose of assisting their reintegration into the community or other similar goals. This definition shall not include any facility which serves as a community integration facility for ex-offenders as defined in the preceding subsection.
(119) RESERVED
(120) RESTAURANT. Any land, building, or part thereof, other than a boarding house, where meals are provided for compensation, including a café, cafeteria, coffee shop, lunch room, drive-in stand, tearoom and dining room.
(121) RINGELMANN CHART. A chart which is described in the U.S. Bureau of Mines Information Circular 6888, and on which are illustrated graduated shades of gray for use in estimating the light-obscuring capacity of smoke.
(122) RINGELMANN NUMBER. The number of the area on the Ringelmann Chart that coincides most nearly with the visual density of smoke emission.
(123) ROOMING HOUSE. A building in which sleeping quarters (but not meals or cooking facilities) are provided by pre-arrangement for compensation on a weekly or longer basis for three or more persons who are not members of the keeper's family. For the purposes of this Zoning Code, the term "rooming house" shall also mean lodging house, but a "rooming house" shall not include a residential-care home or nursing home.
(124) SHOPPING CENTER. A group of retail stores within a single architectural plan.
(125) SIGN. A name, identification, description, display or illustration which is affixed to, or painted or represented directly or indirectly upon, a building, structure, tree, rock or other object, or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or business.
However, a sign shall not include any display or official court or public office notice, nor shall it include the flag, emblem or insignia of a nation, political unit, school or religious group. A sign shall not include a sign located completely within an enclosed building unless the context shall be exposed to view from a street. Each display surface of a sign shall be considered to be a sign.
(126) SIGN, ADVERTISING (BILLBOARD). A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where such sign is located, or to which it is attached.
(127) SIGN, BUSINESS. A sign which directs attention to a business or profession conducted, or to a commodity, service or entertainment sold or offered, upon the premises on which such sign is located or to which it is affixed.
(128) SIGN, CHURCH BULLETIN BOARD. A sign attached to the exterior of a church or located elsewhere on the church premises, used to indicate the services or activities of the church and including its name, if desired.
(129) SIGN, FLASHING. Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose of this Zoning Code, any revolving, illuminated sign shall be considered a flashing sign.
(130) SIGN, GROSS SURFACE AREA OF. The entire area within a single continuous perimeter enclosing the extreme limits of a sign and in no case passing through or between any adjacent elements of same. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display.
(131) SIGN, IDENTIFICATION. A structure, building wall or other outdoor surface used to display and identify the name of the individual, business, profession, organization or institution occupying the premises upon which it is located.
(132) SMOKE UNITS. The number obtained by multiplying the smoke density in Ringelmann numbers by the time of emission in minutes. For the purpose of this chart, a Ringelmann density reading is made at least once every minute during the period of observation; each reading is then multiplied by the time in minutes during which it is observed; and the various products are added together to give the total number of "smoke units" observed during the total period under observation.
(133) SOUND LEVEL METER. An instrument standardized by the American Standards Association for measurement of intensity of sound.
(134) STABLE, LIVERY. Any building, other than a private stable, designed, arranged, used or intended to be used for the storage of horses and horse-drawn livery, or both.
(135) STABLE, PRIVATE. Any building which is located on a lot on which a dwelling is located and which is designed, arranged, used or intended to be used for housing horses for the private use of occupants of the dwelling.
(136) STACKING REQUIREMENTS. The number of cars that must be accommodated in a reservoir space while awaiting ingress to or egress from specified business or service establishments.
(137) STORY. That portion of a building included between the surface of any floor and the surface of the floor above it, or, if there is no floor above, then the space between the floor and the ceiling next above it. Any portion of a story exceeding fourteen feet in height shall be considered as an additional story for each fourteen feet or fraction thereof.
(138) STORY, HALF. That portion of a building under a gable, hip or mansard roof, the wall plates of which on at least two opposite exterior walls are not more than four and one-half feet above the finished floor of each story. In the case of one-family dwellings, two-family dwellings and multiple-family dwellings less than three stories in height, a half-story in a sloping room shall not be counted as a story.
(139) STREET. A public way, other than an alley, which affords a primary means of access to abutting property.
(140) STREET LINE. A line separating a lot, piece or parcel of land from a street.
(141) STRUCTURE. Anything constructed or erected which requires location on the ground or is attached to something having location on the ground, including a fence or free-standing wall. A sign, billboard or other advertising medium, detached or projecting, shall be construed to be a structure.
(142) SWIMMING CLUB, PRIVATE (COMMERCIAL). A private club operated for profit, maintaining and operating a swimming pool and apparatus and equipment pertaining to the swimming pool, with specified limitations upon the number of members, for the exclusive use of members and their guests.
(143) SWIMMING CLUB, PRIVATE (NON-PROFIT). A private club incorporated as a non-profit club or organization, maintaining and operating a swimming pool, with specified limitations upon the number of members, or limited to residents of a block, subdivision, neighborhood, community or other specified area of residence, for the exclusive use of members and their guests.
(144) SWIMMING POOL, COMMERCIAL. A swimming pool and the apparatus and equipment pertaining to the swimming pool, operated for profit, open to the public upon payment of an hourly, daily, weekly, monthly, annual or other fee.
(145) SWIMMING POOL, PRIVATE. A swimming pool, and the apparatus and equipment pertaining to the swimming pool, maintained by an individual for the sole use of his or her household and guests without charge for admission and not for the purpose of profit or in connection with any business operated for profit, located on a lot as an accessory use to a residence.
(146) SWIMMING POOL, PUBLIC. A swimming pool, and the apparatus and equipment pertaining to the swimming pool, maintained and operated by a municipality or other unit of government for the general public, whether or not an admission fee is charged.
(147) TAVERN OR LOUNGE. A building where liquors are sold to be consumed on the premises, but not including restaurants where the principal business is serving food.
(148) TEEN CENTER. A location primarily intended for the recreational use of teens, such as but not limited to, teen dance, gaming, and/or recreational centers, where concerns such as safety and curfew need to be closely monitored. This definition does not include centers exempted by law.
(149) TOXIC MATERIALS. A substance (liquid, solid or gaseous) which, by reason of an inherent deleterious property, tends to destroy life or impair health.
(150) TRAILER. A vehicle without motive power used or adaptable for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirting, which does not meet Building and Housing Code requirements and has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place. The term "trailer" shall include "camp car" and "house car." A permanent foundation shall not change its character unless the entire structure is erected in accordance with the prevailing City laws.
(151) TRAILER CAMP OR PARK. Any premises occupied or designed to accommodate one or more families living in an automobile house trailer or mobile home, or the parking of one or more trailers for business purposes.
(152) TRUCK PARKING AREA OR YARD. Any land used or intended to be used for the storage or parking of trucks, trailers or tractors, including commercial vehicles, while not being loaded or unloaded, which exceed one and one-half tons in capacity.
(153) USE. The purpose for which land or a building thereon is designed, arranged or intended, or for which it is occupied, maintained, let or leased.
(154) USE, PRINCIPAL. The main use of land or buildings as distinguished from a subordinate or accessory use.
(155) USED CAR LOT. A zoning lot on which used or new cars, trailers or trucks are displayed in the open for sale or trade.
(156) YARD. An open space on the same zoning lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted herein, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the zoning lot is located.
(157) YARD, FRONT. A yard extending along the full length of the front lot line between the side lot lines.
(158) YARD, REAR. A yard extending along the full length of the rear lot line between the side lot lines.
(159) YARD, SIDE. A yard extending along a side lot line from the front yard to the rear yard.
(160) ZONING ADMINISTRATOR. The Zoning Administrator appointed by the Mayor and City Council and such deputies or assistants as have been or shall be duly appointed. That officer is hereby authorized and it is his or her duty to administer and enforce the provisions of this Zoning Code, making such determinations, interpretations and orders as are necessary therefor, and requiring such plats, plans and other descriptive material in connection with applications for permits as are necessary for him or her to judge compliance with this Zoning Code.
(161) ZONING CODE. The Zoning Code of the City, being Title Four of Part Twelve of the Codified Ordinances of the City.
(162) ZONING LOT. A single tract of land located within a single block which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control. Therefore, a zoning lot may or may not coincide with a lot of record.
(163) ZONING MAP. The map incorporated herein as a part hereof, designating zoning districts.
(164) PV ARRAY. An array of photovoltaic panels mounted in a closely placed arrangement. For purposes of coverage, the area of a PV array shall be deemed to include all space between panels, and the edge of the array shall be treated as a line around the outermost edges of the outermost panels in the array, connected in a fashion which creates a polygon with no inner angles in excess of 180 degrees.
(165) PHOTOVOLTAIC PANEL. A single panel comprised of multiple semiconductor cells which converts light into electrical current through photovoltaic effect.
(166) REFLECTOR APPARATUS. A design element of a solar energy system which reflects sunlight toward a collection apparatus, such as a PV array or individual photovoltaic panel for the purpose of increasing the amount of sunlight received.
(167) SOLAR ENERGY SYSTEM. A system which provides for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation, or water heating through the use of photovoltaic panels or film or solar thermal panels, and includes all associated control, monitoring, and conversion electronics such as power inverters and battery storage units.
(168) PV ARRAY - GROUND MOUNTED. A PV array which is structurally mounted and anchored to the ground. May be fixed-mount or tracking.
(169) PV ARRAY - ROOF MOUNTED. A PV array which is affixed to the roof of a building or other structure using structural mounting points or a suitable ballasted system.
(170) PV ARRAY - BUILDING MOUNTED. A PV array which is structurally mounted to a building or other structure in a manner other than affixing panels to a rooftop, including, but not limited to. canopies or facade systems.
(171) PV ARRAY - BUILDING INTEGRATED. A PV array which is directly affixed to a building and functions as the building's outer surface, such as a roof, wall, or siding.
(172) SOLAR CANOPY. A PV array which is raised above the ground on structures designed to leave the surface beneath available for use for other purposes, such as vehicle parking, and where the available space is designed for a use distinct from the collection of solar energy.
(173) SOLAR ENERGY SYSTEM - LARGE SCALE. A solar energy system with PV arrays occupying more than one acre of land and/or rooftop space.
(174) SOLAR ENERGY SYSTEM - MID SCALE. A solar energy system with PV arrays occupying more than 4,000 square feet of land and/or rooftop space, but less than one acre.
(175) SOLAR ENERGY SYSTEM - SMALL SCALE. A solar energy system with PV arrays occupying less 4,000 square feet of land and/or rooftop space.
(176) ADULT-USE CANNABIS BUSINESS ESTABLISHMENT. Any adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.
(177) ADULT-USE CANNABIS CRAFT GROWER. Any 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.
(178) ADULT-USE CANNABIS CULTIVATION CENTER. Any 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.
(179) ADULT-USE CANNABIS DISPENSING ORGANIZATION means any 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.
(180) ADULT-USE CANNABIS INFUSER ORGANIZATION OR INFUSER. Any 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.
(181) ADULT-USE CANNABIS PROCESSING ORGANIZATION OR PROCESSOR. Any 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.
(182) ADULT-USE CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER. Any 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.
(183) MEETING HALL. Any building, facility, room or portion thereof, which is regularly rented, leased, donated, or otherwise made available to any person or entity other than the owner or occupant thereof for public or private events. The term “meeting hall” shall include, but is not limited to, all rental halls, banquet rooms, conference centers, social clubs or other similar locations where space is regularly made available for non-residential use by persons who are not the owners or lessees of the subject premises.
(184) SELF SERVICE STORAGE FACILITY. A self service storage facility as defined and regulated under the provisions of Chapter 1278 of these Codified Ordinances.
(185) SHIPPING CONTAINER. A “shipping container” shall refer to an intermodal container designed and built primarily for freight transport.
(186) DRIVE THROUGH. A facility or business offering drive through services and subject to regulation under Chapter 1276 of these Codified Ordinances.
(187) DRIVE IN. Any establishment which provides consumable goods services to persons on-site, where customers receive the services or consume the goods, including food and beverage, on-site while seated in vehicles in lieu of, or in addition to, the provision of fixed seating.
(188) CURBSIDE DELIVERY. Delivery of items, whether purchased at the time of delivery or previously through electronic or other means, to persons by delivering said items directly to the recipient’s vehicle. “Curbside delivery” services shall be deemed to not include delivery to vehicles at a drive in establishment.
(189) COMMUNITY GARDEN. An unimproved or vacant lot, or portion thereof, which contains a cultivated garden consisting of edible vegetables or fruits and tended by a group of persons who are not owners of the property either as individual plots or collectively as a whole.
(1977 Code §73-102; Ord. 78-7. Passed 11-6-78; Ord. 89-4. Passed 2-20-89; Ord. 90-83. Passed 11-5-90; Ord. 94-80. Passed 9-19-94; Ord. 2010-01. Passed 1-19-10; Ord. 2010-02. Passed 1-19-10; Ord. 2018-40. Passed 9-17-18; Ord. 2018-52. Passed 11-5-18; Ord. 2019-12. Passed 3-4-19; Ord. 2019-56. Passed 11-18-19; Ord. 2020-38. Passed 7-20-20; Ord. 2020-75. Passed 12-7-20; Ord. 2021-40. Passed 9-20-21; Ord. 2021-42. Passed 9-20-21; Ord. 2023-42. Passed 9-18-23.)