The following words and terms, when used in this title, shall have the meanings set forth, except where otherwise specifically indicated. Words and terms not defined shall have the meanings indicated by the common dictionary definition.
ABATEMENT: Any action taken to reduce, relieve, or suppress another continuing action.
ABUTTING: To have a common property line or district line.
ACCEPT: To acknowledge receipt of information presented to a commission. Here the information is merely taken as given; it is neither verified nor validated.
ACCESS: Freedom of approach, action, or communication.
ACCESSORY BUILDING OR USE: One which:
(A) In the case of a building, is a detached structure; and
(B) Is subordinate to and serves a principal building or principal use; and
(C) Is subordinate in area, extent, or purpose to the principal building or principal use served; and
(D) Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served; and
(E) Is located on the same zoning lot as the principal building or potential use served with the single exception of such accessory off street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served.
ACREAGE, GROSS: The overall total area of real property.
ACREAGE, NET: The remaining areas after all deductions are made, with deductions including streets, easements for access, detention facilities, street dedications and similar areas.
ADJACENT: Lying near or in the immediate vicinity.
ADJOINING: Touching or contiguous, as distinguished from lying near.
ADULT ENTERTAINMENT/ADULT ORIENTED: See section 9-3-10 of this title.
AESTHETIC: Pertaining to the impression, perception or effect created by form, symmetry, decoration or other aspects of physical sensibility. In relation to structures, buildings, sites or developments: the tasteful application of the principles of beauty and harmony, especially with sensitive regard to the character of the area or neighborhood.
AGRICULTURE: Land including necessary buildings and structures, for the raising of soil crops or the raising of domestic animals as the principal occupation of the residents or users thereof. It shall also include truck farming, beekeeping, the raising of fruit and berries, and selling the products thereof, but shall not include mechanized industrial animal farms. Agriculture shall not include the commercial feeding of garbage to swine or other animals.
AIR RIGHTS: The rights to the space above a property, granted through common law and extending an unlimited distance vertically above the ground.
AIRPORT: An area of land or water which is used or intended for use for the landing and taking off of aircraft, and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights-of-way, including all necessary taxiways, aircraft storage and tie down areas, hangars and other necessary buildings and open spaces.
ALLEY: A public or private way, at the rear or side of property, permanently reserved as a means of secondary vehicular access to abutting property.
ALTERATION: Any change, addition or modification in size, shape, character, occupancy, or use of a building or structure.
AMEND: To improve; to change for the better by removing defects, faults, or inappropriate or inoperable provisions.
AMUSEMENT CENTER: An establishment offering five (5) or more amusement devices, including, but not limited to, coin operated electronic games, shooting gallery, table games and similar recreational diversions within an enclosed building.
ANIMAL HOSPITAL: A structure or portion thereof designed or used for the indoor care, observation, or treatment of domestic animals by a registered veterinarian.
ANNEX: To absorb by legal incorporation; to bring previously unincorporated land into Municipal incorporation.
ANTENNA STRUCTURE: Mast, pole, tripod or tower utilized for the purposes of either transmission or reception purposes or both.
APARTMENT: One or more rooms in an apartment building, or combination apartment and commercial building, arranged, intended or designed or occupied as a dwelling unit of a single-family, an individual, or a group of individuals.
APARTMENT BUILDING: A multi-family dwelling originally constructed to accommodate three (3) or more apartments, designed with more than one dwelling unit connected to a common corridor or entranceway.
APPAREL STORES: Stores selling new clothing for men, women or children at retail.
APPLIANCE SALES: The sale of common household appliances such as washing machines, television sets, power tools, radios and refrigerators, and repair of the same types of appliances as are sold on the premises when such repairs are incidental or accessory to their sale.
APPOINT: To designate or to assign authority for a particular function, position or office. Appointment is wholly separate from election.
ATTACHED DWELLING: See definition of dwelling, attached.
AUTHORIZE: To empower; to give right or authority to act. It can mean to permit (where discretion remains with the authorized agent) or to command (where the authorized agent is mandated to perform specified actions).
AUTOMOBILE ACCESSORY STORE: Store engaged primarily in the business of selling tires, batteries, seat covers, and other automobile accessories.
AUTOMOBILE REPAIR, MAJOR: Complete repair, overhaul, and rebuilding of automobile motors and bodies, including overall painting.
AUTOMOBILE REPAIR, MINOR: Incidental repairs, replacement of parts, and motor service to automobiles, but excluding any operation specified under the definition of "automobile repair, major".
AUTOMOBILE SALES: The sale of new and used automobiles and other motor vehicles in operating condition; the storage of automobiles and other motor vehicles in operating condition and the repair and servicing of such vehicles, including bodywork, painting, motor rebuilding, where conducted within a completely enclosed building, but not including storage of trucks of more than five (5) tons in weight or buses.
AUTOMOBILE SERVICE STATION: That portion of property where flammable or combustible liquids or gases used as fuel are stored only in underground tanks and located wholly within the lot lines, and dispersed from fixed equipment into the fuel tanks of motor vehicles.
AUTOMOBILE WASH: A building or portion thereof, containing facilities for washing more than two (2) automobiles, using production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices; or providing space, water and equipment for the hand washing of automobiles, whether by the customer or the operator.
AUTOMOBILE WRECKING: The dismantling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked motor vehicles or their parts.
AWNING: A roof like cover, temporary in nature, supported entirely from the exterior wall of a building for the purpose of shielding a doorway or window from the elements and, in some cases, overhangs a public way.
BABYSITTING: The occasional, nonregular care or scheduled, regular care of no more than four (4) children that may or may not be related to the caregiver, in addition to the caregiver's own children, whether this service is provided for payment or not. Any service that must meet State specifications and obtain a childcare license shall be considered a nursery or daycare center and not babysitting.
BANKS AND FINANCIAL INSTITUTIONS: Commercial banks, savings and loan associations, brokerage offices and other similar financial institutions, but not including pawnshops.
BASEMENT: That portion of a building having more than one-half (1/2) of its height below the average lot grade.
BILLBOARD: See definition of sign, advertising.
BLOCK: A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, bulkhead lines, or shorelines of waterways, or corporate lines of the Village.
BOUNDARY LINE: A line on the zoning district map designating the edge of a use district. Such a boundary line may be a boundary line for two (2) use districts depending on the particular use districts located on each side of said line.
BUFFER STRIP OR ZONE: An area established to protect one type of land use from the undesirable characteristics of another.
BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING, ACCESSORY: See definition of accessory building or use.
BUILDING AREA: The space remaining on a zoning lot after the minimum yard requirements of this title have been complied with.
BUILDING, CONFORMING: Any building which complies with all the regulations of this title and of any amendment hereto governing land use in the zoning district in which such building is located.
BUILDING, DETACHED: A building surrounded by an open space on the same lot.
BUILDING HEIGHT: The vertical distance above the average existing grade measured to the highest point of the building.
BUILDING LINE: The line established, beyond which a building shall not extend, but excluding open steps, terraces, cornices and other ornamental features projecting from the walls of the building or structure.
BUILDING, NONCONFORMING: A building which exists upon the effective date of adoption or amendment of this title and which does not comply with the conditions, area requirements, lot width requirements, yard requirements, height limitations, bulk regulations or off street parking and loading requirements of the zoning district in which said building is located by reason of the adoption or amendment of this title.
BUILDING, PRINCIPAL: A nonaccessory building in which a principal use of the lot, on which it is located, is conducted.
BUILDING SETBACK LINE: The line parallel to the street identifying the minimum distance between a street right-of-way or property line and the nearest building foundation of any structure on the lot.
BUILDING, TEMPORARY: A building used temporarily for the storage of construction materials and equipment incidental and necessary to on site permitted construction of utilities, or other community facilities, or used temporarily in conjunction with the sale of property within a subdivision under construction.
BULK: The term to indicate the size and setbacks of buildings or structures and location of same with respect to one another and including the following:
(A) Size and height of buildings.
(B) Location of exterior walls at all levels in relation to lot lines, streets or to other buildings.
(C) Gross floor area of buildings in relation to lot lines, streets, or to other buildings.
(D) All open spaces allocated to buildings.
(E) Amount of lot area per dwelling unit.
BULK REGULATIONS: The combination of controls establishing the maximum size of a building and its location on the lot.
BULK STORAGE PLANT: Any place where flammable liquids of ten thousand (10,000) gallons or more are received by tanker, pipeline, tank car or truck and are stored or blended in bulk for the purpose of distributing such liquids by tank trucks, pipeline, tank car or other container.
BUSINESS: The word "business" or the word "commerce" when used in this title means the engaging in the purchase, sale, barter, or exchange of goods, wares, or merchandise, or maintenance or operation of offices or recreational or amusement enterprises.
BUSINESS DISTRICT: Any zoning district designated with a C classification.
BUSINESS OR PROFESSIONAL OFFICES: The office of an engineer, doctor, dentist, attorney, real estate broker, insurance broker, architect, or other similar professional person, and any office used primarily for accounting, correspondence, research, editing or administration.
CANOPY: A roofed structure constructed of fabric or other material supported by the building or by support extending to the ground directly under the canopy placed so as to extend outward from the building providing a protective shield for doors, windows and other openings.
CAPACITY IN PERSONS: The maximum number of persons that can avail themselves of the services (or goods) of an establishment, at any one time, with reasonable comfort and safety.
CARPORT: A roofed structure open on at least two (2) sides and used for the storage of private or pleasure type vehicles.
CERTIFICATE OF COMPLIANCE (OCCUPANCY): A certificate issued by the Code Enforcement Officer to indicate that the building, structure or improvement has been erected, structurally altered or completed in accordance with the approved plans on the basis of which the building permit was issued.
CERTIFY OR CERTIFICATION: The specific inspection or tests where required have been performed and that such tests or inspections verify compliance with the applicable requirements of this title signed under oath and notarized.
CHANNEL: A depression formed in the topography of the earth's surface to carry stormwater runoff through a specific area.
CIRCUMSTANCES: The factual content of a situation, including both physical and social aspects and sometimes possible, probable, and anticipated future circumstances.
CLINIC, MEDICAL OR DENTAL: A building, structure or portion thereof in which patients who are not lodged overnight are admitted for examination and treatment by one or more medical or dental practitioners.
CLUB: A nonprofit corporation or association of persons for the promotion of some common purpose, including, but not limited to, literature, science, politics and good fellowship.
CODE ENFORCEMENT OFFICER: As referred to in this Code shall be the Director of Building and Zoning.
COMMERCIAL, HEAVY: An establishment or business which generally uses open sales yards, outside equipment storage, or outside activities that generate noise or other impacts considered incompatible with less intense uses. Typical businesses in this definition are lumberyards, construction specialty services, heavy equipment suppliers or building contractors.
COMMERCIAL, LIGHT: An establishment or business which generally has retail or wholesale sales, office uses or services that do not generate noise, or other impacts considered incompatible with less intense uses. Typical businesses in this definition are retail stores, offices, catering services or restaurants.
COMMERCIAL RETAIL SALES AND SERVICES: Establishments which engage in the sale of general retail goods and accessory services. Businesses within this definition include those which conduct sales and storage entirely within an enclosed structure (with the exception of occasional outdoor "sidewalk" promotions); businesses specializing in sale of either general merchandise or convenience goods.
COMMERCIAL SHOPPING CENTER: A group of commercial establishments located under one roof, not having interior access to each individual establishment.
COMMERCIAL SHOPPING MALL: A group of commercial establishments located under one roof and having interior access to each individual establishment.
COMPLIANCE: An enforceable and effective inducement to secure action in accord with some legally binding regulation.
COMPREHENSIVE PLAN: The extensively developed and evolving declaration of purposes, policies and programs for the development of the Village.
COMPREHENSIVE ZONING: A zoning ordinance and map, dealing with all aspects of the community development, based on sound comprehensive studies and investigations and supporting a Master Plan for the Municipality.
CONDITIONAL USE: A use which would become harmonious or compatible with neighboring uses through the application and maintenance of qualifying conditions.
CONDOMINIUM: A single dwelling unit in a multiunit dwelling or structure, which is separately owned and which may be combined with an undivided interest in the common areas and facilities of the property.
CONGREGATE RESIDENCE: Any building or portion thereof which contains facilities for living, sleeping and sanitation as required by this Code, and may include facilities for eating and cooking for occupancy by other than a family. A congregate residence shall be permitted to be a shelter, convent, monastery, dormitory, fraternity or sorority house, but does not include jails, hospitals, nursing homes, hotels or lodging houses.
CONTIGUOUS: In contact, adjoining, or touching another object or item as distinguished from being adjacent.
CONVALESCENT CENTER: A facility which is publicly or privately operated and intended for long term patient care due to human illness or infirmity, including the elderly and developmentally disabled, normally employing the services of skilled and licensed practitioners, excluding hospitals.
CORNER LOT: See definition of lot, corner.
COUNTRY CLUB: A private recreational facility operated for bona fide members paying annual dues for the use of a golf course and ancillary uses such as restaurants (including the sale of alcoholic beverages), residential uses for guests, managers and other employees, but not including commercially operated driving ranges or miniature golf courses.
COURT: A space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three (3) or more sides by walls of a building.
CROSSWALK: A public right-of-way located across a block to provide pedestrian access to adjacent streets or areas.
CURB LEVEL: The level of the established curb in front of the building measured at the center of such front. Where a building faces on more than one street, the "curb level" shall be the average of the levels of the curbs at the center front of each street. Where no curb elevation has been established, the level of the centerline of the street shall be considered the curb level.
DAMAGE: A loss, deterioration, or reduction of interests of persons, usually with reference to property.
DAYCARE CENTER: A facility which exclusively provides supplemental parental care and supervision, recreation and/or educational instruction to children or adults during the entire or any portion of the day. See definition of nursery, childcare.
DECIBEL: A logarithmic unit of measurement which defines the range of sound pressure levels (Lp) between the minimum audible value at one thousand (1,000) cps and the maximum audible value of Lp, at which effects, other than hearing, begin to appear.
DENSITY: The number of dwelling units which are allowed on an area of land, which area of land shall be permitted to include dedicated streets contained within the development.
DETACHED DWELLING: See definition of dwelling, detached.
DETENTION: Temporary on site restraining of stormwater.
DISTRIBUTION CENTER: See definition of warehouse, distribution center.
DISTRICT: A portion of the Village within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this title.
DOWN ZONING: A change in the zoning classification of land to a classification permitting development that is less intensive or dense. A change in the opposite direction is called "up zoning".
DRIVEWAY: A private access road, the use of which is limited to persons residing, employed, or otherwise using or visiting the parcel in which it is located.
DWELLING, ATTACHED: A residential building which is joined to another dwelling at one or more sides by a party wall or walls.
DWELLING, DETACHED: A residential building which is entirely surrounded by open space on the same lot.
DWELLING, DUPLEX: A single owner building designed or arranged to be occupied by two (2) families living independently, the structure having only two (2) dwelling units separated by a vertical party wall without openings.
DWELLING, MULTIPLE-UNIT: A building or portion thereof designed for occupancy by three (3) or more families living independently in which they may or may not share common entrances and/or other spaces. Individual dwelling units may be owned as condominiums, or offered for rent.
DWELLING, PLANNED GROUP: Two (2) or more detached buildings used as dwelling units located on a lot that is in single ownership having yards, courts or facilities in common.
DWELLING, SEMIATTACHED: A residential building which is partly joined to another at a nonliving space wall.
DWELLING, SINGLE-FAMILY: A detached dwelling unit with kitchen and sleeping facilities, designed for occupancy by one family.
DWELLING UNIT: Any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by this Code, for not more than one family, or a congregate residence for six (6) or less persons.
EASEMENT: That portion of land or property reserved for present or future use by a person or agency other than the legal fee simple owner(s) of the property. The easement shall be permitted to be for use under, on, or above said lot or lots.
EDUCATIONAL INSTITUTION: A public, parochial, private or charitable, or nonprofit school, junior college, or university, other than trade or business school, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants, and other incidental facilities for students, teachers, and employees.
ENVIRONMENTAL IMPACT: Any consequences to the physical, economic, cultural, aesthetic, or social environment that affect the quality of life in general and the subsequent utility or value of real property.
ESSENTIAL SERVICES: Services provided by public and private utilities necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface, or overhead gas, electrical, steam, water, sanitary sewerage, stormwater drainage, and communication systems and accessories thereto, such as poles, towers, weirs, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, hydrants, etc., but not including buildings that do not need to be in the immediate area of the uses they service.
EVASION: Action taken to elude, impair, or defeat effective compliance with a legally binding regulation.
EXCEPTION: Within the framework of the ordinance, an unusual circumstance is anticipated and special provisions are set forth in the ordinance text which state that, when certain things happen, an exception can occur.
FACE: To be situated so as to have the front of a structure or building or any aspect of a use show toward or be directly visible from a specified direction.
FACT: An event, occurrence, or circumstance that is reported with accuracy.
FAIR: To be and appear free from prejudice, favoritism, and self- interest.
FAMILY: An individual, or two (2) or more persons related by blood, marriage, or adoption, or a group not to exceed eight (8) unrelated persons living together as a single household in a dwelling unit.
FARM: The use of land for agricultural purposes, including agriculture, floriculture, forestry, grazing of dairy animals, greenhouses, hatcheries, horticulture, nurseries, orchards, paddocks, truck farming, viticulture, and raising of furbearing animals and poultry.
FARM ANIMALS: Animals other than household pets that shall be permitted to, where permitted, be kept and maintained for commercial production and sale and/or family food production, education, or recreation. Farm animals are identified by these categories: large animals, e.g., horses and cattle; medium animals, e.g., sheep, goats; or small animals, e.g., rabbits, chinchillas, chickens, turkeys, pheasants, geese, ducks and pigeons.
FARM HOMESTEAD: The building located on a farm that is the residence of the farm owner or tenant operator.
FENCE: A freestanding structure of metal, masonry composition, wood or any combination thereof, resting on or partially buried in the ground and rising above ground level, and used for confinement, screening, decorative or partition purposes.
FILL: Any act by which earth, sand, gravel, rock, or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported, or moved by man to a new location and shall include the conditions resulting therefrom.
FINDING: A determination of facts; an examination of circumstances beyond immediate appearances; the relationship between facts that enables a decision.
FLOOD: A general and temporary condition of partial or complete inundation of normally dry land area from the overflow of inland waters, or from the unusual and rapid accumulation or runoff of surface waters from any source. The base flood is the flood having a one percent (1%) probability of being equaled or exceeded in any given year. The base flood is also known as the 100-year flood.
FLOOD PROTECTION ELEVATION: The elevation to which uses regulated by this title are required to be elevated or flood proofed.
FLOOD, REGULATORY: The regulatory flood is a flood which is representative of large floods known to have occurred generally in the area and reasonably characteristic of what can be expected to occur on a particular stream. The regulatory flood generally has an average frequency in the order of the 50-year reoccurrence interval flood determined from an analysis of floods on a particular stream and other streams in the same general region.
FLOODPLAIN: Those lands that are subject to inundation by the base flood. The floodplains are generally identified on the FIRM (flood insurance rate map). These maps are prepared by FEMA (Federal Emergency Management Agency). The floodplain is also known as the flood fringe and the SFHA (special flood hazard area).
FLOODPROOFING: A combination of structural provisions, changes or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures, and contents of buildings in a flood hazard area.
FLOODWAY: That portion of the floodplain, or SFHA, required to store and convey the base flood. The floodway for rivers and creeks are delineated on the FBFM (federal base flood map), prepared by FEMA. For those floodways not delineated by the FBFM, the jurisdiction shall use the best available data from Federal, State, and/or other sources.
FLOOR AREA (For Determining Floor Area Ratio, FAR): The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings. The "floor area of a building" shall include the basement floor area when more than one-half (1/2) of the basement height is above the established curb level, floor space for mechanical equipment, attic space having headroom of seven feet ten inches (7'10"), enclosed porches, and floor area devoted to accessory uses.
FLOOR AREA (For Determining Off Street Parking And Loading Requirements): The gross floor area taken from the outside walls of the building and any basement floor area devoted to retailing activities, and floor area devoted to the production or processing of goods or to business or professional offices.
FLOOR AREA RATIO: The floor area ratio of the building or other structure on any lot is determined by dividing the floor area of such building or structure by the area of the lot on which the building or structure is located. When more than one building or structure is located on a lot, then the floor area ratio is determined by dividing the total floor area of all buildings or structures by the area of the lot, or, in the case of planned unit development, by the net site area. The floor area ratio requirements, as set forth under each zoning district, shall determine the maximum floor area allowable for a building or other structure (including accessory buildings) in direct ratio to the gross area of the lot.
FOOD STORES: Stores which sell foods, fresh or frozen, and other items commonly sold in connection therewith and including, but not limited to, stores commonly referred to as dairy stores, delicatessens, fruit and vegetable markets, grocery stores, health food stores, nut shops and supermarkets. Sales must be made at retail on the premises, but not for consumption on the premises.
FOOT-CANDLE: A unit of illumination. Technically, the illumination at all points one foot (1') distance from a uniform point source of one candle power.
FREIGHT TERMINAL: See definition of truck terminal.
FRONTAGE: The width of a lot or parcel abutting a public right- of-way measured at the front property line.
GARAGE, APARTMENT: A building with area restrictions as determined by the zoning district it exists in, detached from the principal dwelling (which is an apartment building) and containing parking space for multiple tenants of the building or buildings on the premises.
GARAGE, PRIVATE: A building or a portion of a building with area restrictions as determined by the zoning district it exists in, either attached to or detached from the principal dwelling, in which only private or pleasure type motor vehicles used by the tenants of the building or buildings on the premises are stored or kept.
GARAGE, PUBLIC: A building other than a private garage in which automobiles, but not trucks, tractors, truck trailers or commercial vehicles exceeding one and one-half (11/2) tons' capacity are parked, stored, or kept whether for a fee or not.
GRADE (ADJACENT GROUND ELEVATION): The lowest point of elevation of the existing surface of the ground, within the area between the building and a line five feet (5') from the building.
GROSS ACRE OR ACRES: Real property containing forty three thousand five hundred sixty (43,560) square feet or one hundred sixty (160) square rods with streets, highways, roads, right-of- way easements.
GROUP CARE FACILITY: A facility, required to be licensed by the State, which provides training, care, supervision, treatment and/or rehabilitation to the aged, disabled, those convicted of crimes or those suffering the effects of drugs or alcohol; this does not include daycare centers, family daycare homes, foster homes, schools, hospitals, jails or prisons.
GROUP HOME: A dwelling to provide a socially dependent family environment for developmentally or mentally disabled patients, as specified in the 1988 Fair Housing Act amendment of the Civil Rights Act of 1968. For purposes of this title, the definition shall not include "halfway houses", uses for the recovering chemically dependent, prison work release programs, or any use that does not house solely the developmentally disabled.
GROUP HOME, LARGE: A group home of nine (9) to fifteen (15) residents including live in staff.
GROUP HOME, SMALL: A group home of eight (8) or fewer residents including live in staff.
HARDSHIP: An unusual situation on the part of an individual property owner that will not permit the full utilization of property that is given to others within the community. A hardship exists only when it is not self-created or economic in nature and when the literal interpretation of the requirements of the ordinance would place an individual in an unusual circumstance that would deny the right to use property for any purpose, or create an unnecessary burden, unless relief is granted.
HEIGHT OF BUILDING: See definition of building height.
HELIPORT: An area of land and/or structure or building which is used or intended for use for the landing and taking off of helicopters and any appurtenant areas which are used or intended for use for heliport buildings or other heliport facilities or rights-of-way, including all necessary pads, helicopter storage and tie down areas, hangars and other necessary buildings and open spaces.
HOME OCCUPATION: The partial use of a dwelling unit for commercial or nonresidential uses by a resident thereof which is subordinate and incidental to the use of the dwelling for residential purposes. See section 9-3-9 of this title.
HOSPITAL: An institution designed for the diagnosis, treatment and care of human illness or infirmity and providing health services, primarily for inpatients, and including as related facilities, laboratories, outpatient departments, training facilities and staff offices.
HOTEL: A building, structure or portion thereof which is used as a temporary abiding place, for remuneration, with or without meals, containing five (5) or more guestrooms or suites and which provides customary hotel services such as maid service, the furnishing and laundering of linen, telephone and desk service, the use and upkeep of furniture, and which maintains a hotel register.
HOUSEHOLD PETS: Dogs, cats, rabbits or birds for family use only (noncommercial) with cages, pens, etc.
INCENTIVE: A provision within a development regulation that grants relief from specific compliance upon condition that certain features of a proposal are altered so as to secure some benefit, convenience, or use by the public.
INCOMBUSTIBLE: Refers to materials which do not in themselves constitute an active fuel for the spread of combustion. A material which will not ignite nor actively support combustion during an exposure for five (5) minutes at a temperature of one thousand two hundred degrees Fahrenheit (1,200°F) shall be designated incombustible.
INCOMPATIBLE USE: A use or service which is incapable of direct association with certain other uses because it is contradictory, incongruous, or discordant.
INDUSTRIAL ANIMAL FARM: A mechanized farm operation, confined to a limited amount of space, to raise animals or poultry under controlled conditions of food, water, and exercise.
INDUSTRIAL OR RESEARCH PARK: A tract of land developed according to a Master Site Plan for the use of a family of industries and their related commercial uses, and that is of sufficient size and physical improvement to protect surrounding areas and the general community and to assure a harmonious integration into the neighborhood.
INORGANIC MATERIAL: Material made from substances composed of matter other than plant, animal, or certain chemical compounds or carbon. Examples are metal and glass.
INSTITUTION: An established society or corporation whether created for profit or nonprofit.
INSTITUTION, RELIGIOUS: A building or structure which is occupied by a religious nonprofit corporation or organization and which is operated for public or semipublic use including, but not limited to, churches, synagogues, rectories and convents.
JUNK VEHICLE: An automobile, truck, or other motor vehicle which has been damaged to such an extent or is in such disrepair that it cannot be operated under its own power and will require major repairs before being made usable or such a vehicle which does not comply with State or Village laws or ordinances.
JUNKYARD: Any parcel of land where waste, scrap metal, paper, rags, or similar materials are brought, 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.
JURISDICTION: As used in this Code, jurisdiction is any political subdivision which adopts this Code for administrative regulations within its sphere of authority.
KENNEL: Any lot or premises on which a combined total of four (4) or more dogs, cats or other domestic animals or pets over six (6) months of age are kept, for compensation or not.
KENNEL, COMMERCIAL: Any premises or portion thereof on which a combined total of four (4) or more dogs, cats or other domestic animals or pets over six (6) months of age are kept for the purpose of sale, or where any number of animals are cared for in return for remuneration.
KITCHEN: Any room used, or intended or designed to be used, for cooking or the preparation of food.
LABORATORY, COMMERCIAL: A use devoted to experimental study such as testing and analyzing. Manufacturing, assembly, or packaging of products is not included within this definition.
LABORATORY, MEDICAL: A use established for scientific experimentation, research or testing in the field of human medicine.
LAKE: Any natural or manmade body of water surrounded by land.
LAND USE: The utilization of any piece of land whether it be lot, plat, tract, or acreage.
LAND USE DEVELOPMENT MANAGEMENT (GROWTH MANAGEMENT): The use by a community of a wide range of techniques in combination to permit it to determine its own amount, type, and rate of growth and to channel it into designated areas.
LANDSCAPING: The finishing and adornment of unpaved yard areas. Materials and treatment generally include naturally growing elements such as grass, trees, shrubs and flowers. This treatment shall be permitted also to include the use of logs, rocks, fountains, water features, walkways, or contouring of the earth.
LAUNDRY EQUIPMENT, OUTDOOR: Pole and wire or line used to suspend items to facilitate drying.
LEGAL: Permitted by, conforming to, or required by law, or with respect to action that is neither forbidden nor restricted by law.
LIQUOR STORE, PACKAGE: Any establishment selling beer, wine or alcoholic liquor at retail to the general public in sealed bottles or other sealed containers for consumption or use away from the premises where paid establishment is located.
LIVESTOCK: Includes, but is not limited to, horses, bovine animals, sheep, goats, swine, reindeer, donkeys, mules and any other hoofed animals.
LOADING AND UNLOADING SPACE, OFF STREET: An open asphalt or concrete surfaced area of land, other than a street or public way, the principal use of which is for the standing, loading, and unloading of motor trucks, tractors, and trailers, to avoid undue interference with the public use of the streets and alleys. Such space shall be not less than twelve feet (12') in width, fifty feet (50') in length, and fourteen feet (14') in height, exclusive of access aisles and maneuvering space.
LODGE: A hall or meeting place of a local branch or the members composing a branch of a fraternal order, or society, such as the Masons, Knights of Columbus, Moose, American Legion and other similar organizations. It shall be permissible to serve food and meals on such premises, providing adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed provided it is secondary and incidental to the promotion of some other common objective by the organization, and further provided that such sale of alcoholic beverages is in compliance with the applicable Federal, State and Village laws and ordinances.
LOT: A legally divided area or portion of land under single ownership or control that is intended to be occupied by one use, group of uses, one main building, or structure.
LOT AREA: The area of a horizontal plane bounded by the front, side, and rear lot line.
LOT, CORNER: A lot abutting on two (2) intersecting or intercepting streets, or on a curving street, where the interior angle of intersection or interception does not exceed one hundred thirty five degrees (135°).
LOT COVERAGE: That percentage of a lot which, when viewed directly from above, would be covered by a structure or structures, or any part thereof, excluding projecting of roof areas.
LOT DEPTH: The distance between the midpoint of the front lot line and the midpoint of the rear lot lines measured within the lot boundaries.
LOT, DOUBLE FRONTAGE: A lot other than a corner lot having frontage on two (2) or more streets. An alley shall not be considered a street.
LOT, IRREGULAR: A lot whose opposing property lines are generally not parallel, such as a pie shaped lot on a cul-de-sac, or where the side property lines are not parallel to each other.
LOT LINE: The property boundary line of a lot.
LOT LINE, FRONT: The front property line of a zoning lot, abutting or within a street. On a corner lot, the front lot line shall be the lot line as determined by the Code Enforcement Officer.
LOT LINE, INTERIOR: A lot line common with another lot.
LOT LINE, REAR: The boundary of a lot which is most distant from, and is most nearly parallel to, the front lot line or front lot lines.
LOT LINE, SIDE: Lot lines other than front or rear lot lines.
LOT OF RECORD: A lot which is a part of a subdivision, the plat of which has been legally recorded, or land which has a parcel index number within the Village at the time this title is adopted.
LOT, REVERSED CORNER: A corner lot at right angles or approximately right angles to the general pattern of the area, the street side lot line of which is substantially a continuation of the front lot line to the rear. The rear of the corner lot is adjacent to the side of another lot, whether across an alley or not.
LOT, THROUGH: A lot which has frontage on two (2) nonintersecting streets.
LOT WIDTH: The horizontal distance between side lot lines, or between the side lot line and the lot line adjoining a street of a corner lot, measured along the required minimum building setback line created by the front yard requirement of the district in which the lot is located.
LOT, ZONING: A parcel of land, composed of one or more recorded lots or a parcel of land described by metes and bounds that is of sufficient size to meet the minimum requirements of this title concerning use, coverage, width, area, yards, or other requirements of this title and having frontage on an improved public street, and which is designated by its owner or developer as a tract of land to be used, developed, or built upon as a unit, under single ownership and control. A "zoning lot" may or may not coincide with the definition of a "lot of record".
MAJOR HIGHWAYS: All roads, streets, avenues, thoroughfares or other types of vehicular traveled ways designated by a United States or State of Illinois route number.
MANDATORY: Constituting a command and imposing an obligation for performance.
MANUFACTURED HOUSING: A building assembly or system of building subassemblies, designed for habitation as a dwelling for one or more persons, including the necessary electrical, plumbing, heating, ventilating, and other service systems, which is of closed or open construction and which is made or assembled by a manufacturer, on or off the building site, with a permanent foundation.
MANUFACTURING, HEAVY: All other types of manufacturing not included in the definitions of light manufacturing and medium manufacturing.
MANUFACTURING, LIGHT: The manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment, including research activities, conducted entirely within an enclosed structure, with no outside storage, serviced by a modest volume of trucks or vans and imposing a negligible impact on the surrounding environment by noise, vibration, smoke, dust or pollutants.
MANUFACTURING, MEDIUM: The manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment within an enclosed structure or an open yard that is capable of being screened from neighboring properties, serviced by a modest volume of trucks or other vehicles.
MARQUEE: See definition of canopy.
MEDICAL CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is registered by the Illinois Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis per the Compassionate Use of Medical Cannabis Pilot Program Act, enacted by the State of Illinois, as may be amended from time to time.
MEDICAL CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is registered by the Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients, per the Compassionate Use of Medical Cannabis Pilot Program Act, enacted by the State of Illinois, as may be amended from time to time.
MEDICAL CANNABIS FACILITIES: Both medical cannabis cultivation centers and medical cannabis dispensing organizations.
MIXED USE ZONING: Zoning that permits a combination of usually separated uses within a single development.
MOBILE HOME: A movable or portable unit, which is eight (8) body feet or more in width and is thirty two feet (32') or more in length, and constructed to be towed on its own chassis (comprised of frame and wheels) from the place of construction to the location or subsequent locations, subject to the provisions of chapter 15 of the Illinois Vehicle Code, designed to be used without a permanent foundation and connected to utilities for year round occupancy with or without a permanent foundation. The term shall include: a) units containing parts that are folded, collapsed, or telescoped when being towed and that may be expanded to provide additional cubic capacity, and b) units composed of two (2) or more separately towable components designed to be joined into one integral unit capable of being separated again into the components for repeated towing. The term shall include units designed to be used for residential, commercial, educational, or industrial purposes, excluding, however, recreational vehicles.
MOBILE HOME PARK: A parcel or tract of land, at least ten (10) acres, developed with facilities for locating twenty (20) or more "mobile homes", provided each mobile home contains a kitchen, flush toilet, shower or bath and that such mobile home park shall be for use only by nontransient dwellers remaining continuously for more than one year, whether or not a charge is made. It shall not include a sales lot in which motor vehicles or unoccupied trailers are parked for the purpose of inspection or sale.
MODEL HOME: A dwelling temporarily used as a sales office for a residential development under construction; said home being used for onsite sales and not for general real estate business, and is used as an example of the type of dwelling unit which may be purchased or rented.
MODULAR HOME: A structure designed for permanent habitation, and is so constructed as to permit its transport to the location at which it is intended to remain as a permanent structure, and is so constructed as to be permanently attached to a permanent foundation at said location.
MOTEL: A series of attached, semi attached or detached guestrooms or suites for the accommodation primarily of automobile transient guests which does not include individual cooking or kitchen facilities and which provides the unit with convenient access to off street parking spaces for the exclusive use of the guests or occupants of the premises.
MOTOR FREIGHT TERMINAL: See definition of truck terminal.
MOTOR HOME, MINI-MOTOR HOME, VAN CAMPER: A self-contained motor vehicle, not used commercially, designed, or permanently converted to provide living quarters for recreational, camping or travel use, with direct walk through access to the living quarters from the driver's seat.
MOTOR VEHICLE: Any passenger vehicle, truck, tractor, tractor trailer, trailer, or semitrailer propelled or drawn by mechanical power.
NATURAL WATERWAYS: Those areas, varying in width along streams, creeks, springs, gullies or washes, which are natural drainage channels as determined and identified by the Village Engineer.
NONCONFORMING LOT: A legal lot of record whose width, area or other dimension did not conform to required regulations when this Code became effective.
NONCONFORMING SIGN: A sign or sign structure or portion thereof lawfully existing at the time this Code became effective, which does not now conform.
NONCONFORMING STRUCTURE: A building or structure or portion thereof lawfully existing at the time this Code became effective, which was designed, erected or structurally altered for a use that does not conform to the zoning regulations of the zone in which it is located.
NONCONFORMING USE: See definition of use, nonconforming.
NONCONFORMITIES: Lots, structures, uses of land and structures, and characteristics of uses, that are prohibited under the terms of this title but were lawful at the date of this title's enactment.
NOXIOUS MATTER: That which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well being of individuals.
NUISANCE: Any activity arising from unreasonable, unwarranted, or unlawful use of property that causes substantial and continuing annoyance, inconvenience, or damage to the property of others or to the public.
NURSERY, CHILDCARE: An establishment for the part time care of five (5) or more children of pre-elementary school age in addition to the members of the family residing therein. See definition of daycare center.
NURSERY SCHOOL: An instructional facility for preschool children.
NURSING HOME: An establishment or institution for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for surgical care or institutions for the care and treatment of mental illness, alcoholism, or narcotics addiction.
OBJECTIVE: Associated with the dispassionate examination of circumstances. Objective deliberation seeks to exclude all emotive factors.
ODOR THRESHOLD: The lowest concentration of odorous matter in air that will produce an olfactory response in a human being.
ODOROUS MATTER: Any matter or material that yields an odor which is offensive in any way.
OPACITY: The quality or state of an object that renders it impervious to the rays of light; the degree of nontransparency.
OPEN SALES LOT: Land used or occupied for the purpose of buying or selling merchandise stored or displayed out of doors prior to sale. (Such materials include, but are not limited to, passenger cars, trucks, motor scooters, motorcycles, boats, agricultural equipment, and monuments.)
OPEN SPACE: Land areas that are not occupied by buildings, structures, parking areas, streets, alleys or required yards. Open space shall be permitted to be devoted to landscaping, preservation of natural features, patios, and recreational areas and facilities.
OWNER: Any individual, firm, or corporation having a possessory interest entitled to exclusive possession in land, buildings, or possessions.
PARCEL: All contiguous land in one ownership.
PARK: A public or private area of land, with or without buildings, intended for outdoor active or passive recreational uses.
PARK AND RIDE FACILITIES: Parking lots or structures located along public transit routes designed to encourage transfer from private automobile to mass transit or to encourage carpooling for purposes of commuting, or for access to recreation areas.
PARKING AREA: An open, unoccupied space used or required for use for parking of automobiles exclusively and in which no gasoline or automobile accessories are sold or no other business is conducted and no fees are charged.
PARKING LOT, ACCESSORY: An open, hard surfaced area, other than a right-of-way, which is accessory to the principal use of the lot and which is intended and used for the storage of private motor vehicles owned by members of the family or families residing upon the premises or by the owners, employees or patrons of the business or industrial uses.
PARKING LOT, PRINCIPAL: An open, hard surfaced area, other than a right-of-way, which is the principal use of the parcel of land and which is intended and used for the storage of motor vehicles pursuant to previous arrangements or to transients, and where no equipment, parts, fuel, grease or oil is sold and vehicles are not equipped, serviced, repaired, hired or sold.
PARKING SPACE: An open asphalt or concrete surfaced space within a public or private parking area meeting requirements under chapter 12 of this title.
PARTICULARS: The circumstances of a specific situation.
PARTICULATE MATTER: Material other than water which is suspended in or discharged into the atmosphere in a finely divided form as a liquid or solid.
PARTY WALL: A solid, UL approved common wall which is a fire separation wall and extends from its footing below grade to the underside of floor/roof and divides the building to create separate dwelling units.
PERFORMANCE STANDARDS: Criteria established to control traffic, noise, odor, glare, exterior lighting, visual impact, heat, vibration, smoke, particulate matter, gases, fire and explosion hazards, wastes and so on, generated by or inherent in uses of buildings, structures or land.
PERMANENT OPEN SPACE: A compact and contiguous land area that is designed for educational, religious, recreational, or institutional purposes, or such land which is recommended for such designation by the Village at or before the time of approval of a subdivision or planned development.
PERMISSIVE: Allowable; granting the option to exercise but in no way requiring.
PERMITTED USE: A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and performance standards (if any) of such district.
PERMITTEE OR PURCHASER: Any person to whom a permit is issued.
PERSON: A natural person, heirs, executors, administrators or assigns, and includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid, whether public or private.
PETITION: A formal, written request for specific action from a group of individuals to a governmental body. Each petition should specify the action sought, give reasons, and clearly identify individual petitioners.
PLANNED DEVELOPMENT: A parcel or tract of land, initially under single ownership or control to be developed as a unified project and single entity which contains two (2) or more principal buildings and more than one principal use, the plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage or required open space to the regulations in any one district established by this title.
PLANNED DEVELOPMENT GROUP: A group of three (3) or more principal buildings designed to be maintained and operated as a unit in single ownership or control and which has certain facilities in common, such as yards and open spaces, recreation areas, garages and parking areas.
PLANNED UNIT DEVELOPMENT: A residential or commercial development guided by a total design plan in which one or more of the zoning or subdivision regulations, other than use regulations, shall be permitted to be waived or varied to allow flexibility and creativity in site and building design and location, in accordance with general guidelines 1 .
PLOT PLAN: A plat of a lot, drawn to scale, showing the actual measurements, the size and location of any existing buildings or buildings to be erected, the location of the lot in relation to abutting streets, and other such information.
POLICY: An imperative or prescriptive principle that directs future action.
PORCH: A roofed over structure projecting out from the wall or walls of a main structure and commonly open to the weather in part.
PRECEDENT: A guide to decision making that rests upon the recurrence of applications relevantly similar in circumstances or in legal principles.
PREMISES: A parcel of land and all buildings and structures thereon.
PRINCIPAL STRUCTURE: A structure in which a principal use of the lot on which the structure is located is conducted.
PRINCIPAL USE: The main use of land or structures as distinguished from a subordinate or accessory use.
PROCEDURE: A rule governing the sequence of an activity.
PROFESSIONAL OFFICE: The office of an accountant, architect, chiropodist, chiropractor, dentist, lawyer, minister, optometrist, osteopath, physician, registered professional engineer, or member of another similar profession.
PUBLIC IMPROVEMENT: Any drainage ditch, storm sewer or drainage facility, sanitary sewer, water main, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off street parking area, lot improvement or other facility for which the local government may ultimately assume the responsibility for maintenance and operation or for which the local government responsibility is established.
PUBLIC OPEN SPACE: A publicly owned area including, but not limited to, the following: parks, playgrounds, forest preserves, waterways, parkways, and streets.
PUBLIC RECORD: Records that a governmental body is required by law to maintain in the discharging of its responsibilities.
PUBLIC SERVICES: Uses operated by a unit of government to serve public needs, such as police (with or without jail), fire service, ambulance, judicial court or government offices, but not including public utility stations or maintenance facilities.
PUBLIC UTILITY: Any person, firm, or corporation duly authorized to furnish, under regulation, to the public, cable television, electricity, gas, stream, telephone, telegraph, transportation, water, or sewerage systems.
PUBLIC UTILITY STATION: A structure or facility used by a public or quasi-public utility agency to store, distribute, generate electricity, gas, telecommunications, and related equipment, or to pump or chemically treat water. This does not include storage or treatment of sewage, solid waste or hazardous waste.
PUBLIC WAY: Any street, alley, sidewalk, or similar parcel of land essentially unobstructed from the ground to the sky which is deeded, dedicated or otherwise permanently appropriated to the public for public use.
QUASI-PUBLIC: Essentially a public use, although under private ownership or control.
RAILROAD RIGHT-OF-WAY: See definition of right-of-way, railroad.
RECOMMENDATION: A decision that may be either a positive (prescriptive) statement for the approval of some action or a negative (proscriptive) statement of disapproval of some action. Formal recommendations generally carry a recitation of supporting reasons.
RECORDED: To officially record a document in the Office of the County Recorder.
RECREATION, INDOOR: An establishment providing completely enclosed recreation activities. Accessory uses shall be permitted to include the preparation and serving of food and/or the sale of equipment related to the enclosed uses. Included in this definition shall be bowling, roller skating or ice skating, billiards, pool, motion picture theaters, and related amusements.
RECREATION, OUTDOOR: An area free of buildings except for restrooms, dressing rooms, equipment storage, maintenance buildings, open air pavilions, and similar structures primarily for recreational activities.
RECREATIONAL EQUIPMENT/VEHICLE: Travel trailer, pickup campers or coaches, motorized dwellings, tent trailers, boats, snowmobiles, trailers, dune buggies and other equipment designated for recreational use, including similar accessory appurtenances.
RECYCLING FACILITY: Any location whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to, scrap metals, paper, rags, tires and bottles, and other such materials.
REHABILITATION CENTER (HALFWAY HOUSE): An establishment whose primary purpose is the rehabilitation of persons. Such services include drug and alcohol rehabilitation, assistance to emotionally and mentally disturbed persons, and halfway houses for prison parolees and juveniles.
RELIGIOUS, CULTURAL AND FRATERNAL ACTIVITY: A use or building owned or maintained by organized religious organizations or nonprofit associations for social, civic or philanthropic purposes, or the purpose for which persons regularly assemble for worship.
REMODELING: Any change in a structure, including a structural alteration (other than incidental repairs and normal maintenance) which may prolong its useful life, or the useful life of its supporting members such as bearing walls or partitions, columns, beams, girders or foundations; or the construction of any addition to, or enlargement of, a structure; or the removal of a structure.
RENOVATION: Interior or exterior remodeling of a structure, other than ordinary repair.
REQUEST: An asking for a finding, review, advice, or action.
RESERVOIR: Commonly applied to waters held in storage in either artificial or natural basins and impoundments primarily for a source of water for power, municipal, industrial, domestic, or flood control uses.
RESIDENTIAL BUILDING: A building all or part of which contains one or more dwelling units.
RESIDENTIAL CARE: Maintenance (room and board), oversight, general watchfulness, and other appropriate services to meet the needs of residents including, but not limited to, social, recreational, medical, employment, educational, rehabilitative and other therapeutic services enhanced by being provided to individuals with a common and related need for such services in a family like environment in a residential care home.
RESIDENTIAL CARE HOME: Any dwelling unit or living quarters wherein individuals are provided residential care. Where a sponsoring agency of the residential care home is required to be licensed or certified by the State, that sponsoring agency must maintain at all times a current and valid Illinois State license or certification by the State to operate residential care homes. A residential care home does not include a nursing home, hospital, adult daycare center, child daycare center or a dwelling unit or living quarters which serves to house persons as an alternative to incarceration for a criminal offense.
RESIDENTIAL DISTRICT: Any zoning district designated with an "R", for example, R-2.
RESTAURANT: A business where the dispensing of edible foodstuffs and/or beverages on the premises is the principal business operation, including a cafeteria, coffee shop, lunchroom, and dining room.
RESTAURANT, CARRY OUT: An establishment which sells food only for consumption off the premises.
RETAIL SALES: The sale of goods, merchandise and commodities for use or consumption.
RETENTION: Permanent onsite maintenance of stormwater.
REZONING: Any change in this title through amendment or revision.
RIGHT-OF-WAY: Any existing or dedicated sidewalk, street, alley, highway or other thoroughfare.
RIGHT-OF-WAY, RAILROAD: A strip of land with tracks and auxiliary facilities.
RULE: A statement that performs as a guide in directing actions.
SCHOOL: A public or private institution which offers instruction in any of the branches of learning and study comparable to that taught in the public schools under the Illinois school laws, including prekindergarten, elementary school, and junior and senior high schools, but excluding trade, business, or commercial schools.
SCREENING: Decorative fencing or evergreen vegetation maintained for the purpose of concealing from view the area behind such structures or evergreen vegetation.
SEMIATTACHED DWELLING: See definition of dwelling, semiattached.
SETBACK: The minimum required distance between the property line and the building line. Setbacks may also be referred to as required yard.
SEWAGE TREATMENT PLANT: Includes any method, construction, device or appliance appurtenant thereto, used for the purpose of treating, neutralizing, stabilizing, disinfecting or disposing of sewage, industrial waste or other wastes, or for the recovery of byproducts from such sewage, industrial wastes or other wastes.
SIDEWALK: That portion of the street, walkway or crosswalk which is paved to meet the current American Disabilities Act requirements and Village regulations and is intended for pedestrian use only.
SIGN: An advertising message, announcement, declaration, demonstration, display, illustration, insignia, surface or space erected or maintained in view of the observer thereof for identification, advertisement or promotion of the interests of any person, entity, product or service, including the sign structure, supports, lighting system and any attachments, ornaments or other features used to draw the attention of observers. A sign is further described as any writing (including letters, words, or numerals), pictorial representation (including devices, symbols, or trademarks), flag, banner, streamer, pennant, string of lights, or display calculated to attract the attention of the public, or any other figure of similar character which is a structure or any part thereof, or a portable display, or is attached to, painted on or in any other manner represented on a building or other structure or on the ground and is used to announce, direct attention to or advertise.
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 affixed.
SIGN, DOUBLE FACED: A double faced sign has two (2) faces with identical copy on each face and with the maximum angle no greater than forty five degrees (45°).
SIGN, FLASHING: Any illuminated sign on which the artificial light is not maintained stationary and/or constant in intensity and color at all times when such sign is in use. For the purpose of this title, any revolving, illuminated sign shall be considered a "flashing sign".
SIGN, GROSS SURFACE AREA OF: The entire area within a single continuous perimeter enclosing the extreme limits of a sign and in no case passing through or between any adjacent elements of the same. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign. With two (2) visible surfaces, the gross surface area shall be the sum of all sides of the sign.
SIGN, GROUND: A sign which is supported by one or more uprights or braces in or upon the ground.
SIGN IDENTIFICATION: 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.
SIGN LOCATION: The sign location is determined by measuring from the furthermost projecting point of the sign to the front lot line.
SIGN, PROJECTING: A sign which is suspended from or affixed to any building wall or other structure and extends beyond the building wall or parts thereof of a structure more than eighteen inches (18").
SIGN, ROOF: A sign erected, constructed, and maintained above the roof of any building.
SIGN, TEMPORARY MOBILE: An advertising device of a nonpermanent type, used principally for commercial purposes.
SIGN, WALL: A sign affixed, painted, posted, or placed on a building or structure.
SMOKE: Small gas borne particles other than water that form a visible plume in the air; for example, the visible discharge from a chimney, stack, vent, exhaust or combustion process.
SOUND LEVEL METER: An electronic instrument which includes a microphone, an amplifier, and an output meter which measures noise and sound pressure levels in a specified manner. It may be used with the octave band analyzer that permits measuring the sound pressure level in discrete octave bands.
SOUND PRESSURE LEVEL: The intensity of a sound measured in decibels mathematically described as twenty (20) times the logarithm to the base 10 of the ratio of the pressure of the sound to a reference pressure of 0.0002 microbar.
SPECIAL USE: A specific use of land or buildings, or both, described and permitted herein, subject to special provisions and which, because of its unique characteristics, cannot be properly classified as a permitted use.
STABLE, PRIVATE: A structure 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 occupant(s) of the dwelling, but in no event for hire.
STABLE, PUBLIC: A building where horses are kept for remuneration, hire, or sale.
STAFF: The collective designation of the employees of a governmental body or agency.
STAFF REPORT: A report prepared for the Village by staff regarding a matter to be presented either formally or informally to a commission, usually including a recommendation.
STORAGE BUILDING/SHED: A detached accessory building limited to no more than one hundred twenty (120) square feet in area, with no side greater than twelve feet (12'), used for storage of yard equipment, tools and other items typically kept outside.
STORAGE, OUTDOOR: The outdoor accumulation of vehicles, equipment, or products or materials for permanent or temporary holding.
STORMWATER RUNOFF: Water that results from precipitation which is not absorbed by the soil or plant material.
STORY: That portion of building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under floor space is more than six feet (6') above grade as defined herein for more than fifty percent (50%) of the total perimeter or is more than twelve feet (12') above grade as defined herein at any point, such usable or unused under floor space shall be considered as a story.
STREET: Any dedicated thoroughfare or public way meeting standards and specifications of the Village.
STREET, COLLECTOR: Those primary streets within the neighborhood unit which will act to collect traffic from minor streets for travel to major streets and highways.
STREET FRONTAGE: All of the property fronting on one side of a street between two (2) intersecting streets, or in the cases of a dead end street, all of the property along one side of a street between an intersecting street and the end of such dead end streets.
STREET, HIGHWAY: Those State, County and Village designated routes which provide continuity of travel and freedom from hazards and congestion necessary for interregional and Village traffic movement.
STREET, LOCAL: Those streets whose prime function is to give access to abutting property. They are not intended to carry heavy through traffic and are designed to discourage such movement.
STREET, MAJOR: Those routes so designated by the Village to be of importance in intravillage traffic movement and necessary to provide easy access to neighboring communities.
STREET, MARGINAL ACCESS: Those local streets which serve to control access to major thoroughfares and permit development of lands adjacent to high speed and high capacity highways. Their prime function is property access.
STREET, PRIVATE: A right-of-way or easement in private ownership not dedicated or maintained as a public street, which affords the principal means of access to two (2) or more sites.
STRUCTURAL ALTERATION: Any change, other than incidental repairs, such as the addition, removal or modification of bearing walls, columns, beams, girders or foundations.
STRUCTURE: Anything constructed or erected, or any piece of work artificially built up or composed of parts joined together in some definite manner, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground. With reference to the foregoing, a structure shall include, but not be limited to, buildings, parking lots, concrete or asphalt slabs and driveways, decks, patios, gazebos, sidewalks, walls and signs. Unless otherwise provided, a fence shall not be considered a structure for purposes of this title.
STRUCTURE, NONCONFORMING: A structure which exists upon the effective date of the adoption or amendment of this title and which does not comply with the conditions, area requirements, lot width requirements, yard requirements, height limitations, bulk regulations or off street parking and loading requirements of the zoning district in which said structure is located by reason of the adoption or amendment of this title.
STRUCTURE, PRINCIPAL: A building or structure in which a principal use is conducted.
STRUCTURE, TEMPORARY: A structure not designed or intended for permanent human occupancy nor for the permanent protection of animals, chattels or property of any kind.
SUBDIVISION: The division of a parcel of land into two (2) or more lots or parcels for the purpose of transfer of ownership or development for any future use, either residential, commercial or industrial. The term includes resubdivision and, when appropriate to context, shall relate to the process of subdividing or to the land subdivided.
SUBDIVISION PLAT: The formal instrument by which the division of land together with the conditions of development are legally recorded.
SUBDIVISION REGULATIONS: Regulations governing the division and development of land so as to assure definitive legal title and guarantee health, safety, and welfare to both users and the public.
SUBSTANTIVE: Referring to the content of rationality. It includes statements of fact and assertions of value, need, want, preference, desert, right, merit, and interest.
SWIMMING POOL: Any structure, basin, chamber or tank that contains water over twenty four inches (24") in depth and which is used, or intended to be used, for swimming, wading or recreational bathing. This includes in ground, aboveground and on ground swimming pools, hot tubs and spas.
TAVERN: An establishment in which alcoholic beverages are sold or served to customers for consumption on the premises, including establishments, commonly known as key clubs, in which alcoholic beverages are served only to members and their guests.
TEMPORARY USE: See definition of use, temporary.
THEATER: A building used primarily for the presentation of live stage productions, performances or motion pictures.
THOROUGHFARE, PRIMARY: A street of considerable continuity which serves or is intended to serve as a principal traffic artery between the various sections of the Grant Park area and is so designated as a primary thoroughfare in the Comprehensive Plan.
THOROUGHFARE, SECONDARY: A street which carries traffic from minor streets to the primary thoroughfare system, or between primary thoroughfares, and is so designated as a secondary thoroughfare in the Comprehensive Plan.
TOWNHOUSE: A structure containing a number of dwelling units each separated by vertical interior unpierced party walls.
TOXIC MATTER: Materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts.
TRAFFIC WAY: A public way other than an alley, intended for vehicular traffic and affording a primary means of access to abutting property.
TRAILER: A vehicle without motor power used or adaptable for living, sleeping, business, or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses, or skirting, and has been recently or may be equipped with wheels or other devices for transporting the structure from place to place. A permanent foundation shall not change its character nor allow determination of meeting requirements within this title unless the entire structure is erected in accordance with the Village Building Code.
TRAILER, TRANSPORT: A vehicle standing on wheels or on rigid supports which is used for transporting boats, cargo, or property.
TRUCK REPAIR/STORAGE: A building used for the care, incidental servicing and/or interior storage of trucks, tractors, truck trailers, and commercial vehicles exceeding one and one-half (11/2) tons' capacity.
TRUCK STOP: A building or area intended specifically to accommodate trucks and semitrailers including facilities for eating, fueling and/or overnight parking.
TRUCK TERMINAL: A building or area in which freight brought by truck is assembled and/or stored for rerouting in intrastate and interstate shipment by truck or in which semitrailers, including tractor and/or trailer units and other trucks are parked or stored.
TUTORING: The teaching or instruction of academic or business subjects to not more than four (4) students simultaneously.
USE: The purpose or activity for which the land or building or structure thereon is designed, arranged, or intended, or for which it is occupied, maintained, let, or leased.
USE, CHANGE OF: The change within the classified use of a structure or premises.
USE, CONDITIONAL: A use which, because of its unique characteristics, may be allowed in a specified zoning district permitting it as a conditional use, only after special consideration of its impact upon neighboring land and of public need for the use at the particular location.
USE, NONCONFORMING: A use which lawfully occupied a building, structure or land at the time this Code became effective, which has been lawfully continued and which does not now conform with the use regulations.
USE, PERMITTED: A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and performance standards (if any) of such districts.
USE, PRINCIPAL: The main use of land or buildings as distinguished from a subordinate or accessory use. A principal use may be either a permitted use or a special use.
USE REGULATIONS: The provisions of this title which identify permitted uses, impose use limitations, require adherence to performance standards and regulate home occupations and accessory and temporary uses.
USE, TEMPORARY: A use of a building, structure or parcel of land which is impermanent in existence and that is authorized by this title to be conducted for a fixed period of time. Temporary uses are characterized by such activities as the sale of agricultural products, contractors' offices and equipment sheds, fireworks, carnivals, flea markets, and garage sales.
VALUES: All assertions of goodness, merit, worth, desert, right, obligation, duty, desire, or preference.
VARIANCE: A waiver or modification of the terms of the zoning regulations where, due to conditions peculiar to the property, a literal enforcement of the regulations would result in unnecessary and undue hardship, as distinguished from a mere inconvenience or a desire to make more money.
VIBRATION: A periodic motion of the particles of an elastic body or medium in alternately opposite directions from the position of equilibrium when that equilibrium has been disturbed.
VIDEO STORE: A building or establishment that rents or sells video films for entertainment, not to include however, such establishments that offer for rent, sale or viewing any percent of product or business that could be classified under the definition of "adult entertainment".
VILLAGE BOARD: The Board of Trustees of the Village of Grant Park.
VIOLATION: The act of disregarding, disobeying, neglecting, omitting, or refusing to comply with the regulations or enforcement of this title.
WALKWAY: A right-of-way within a block, ten feet (10') or more in width, dedicated for public use, intended primarily for pedestrians but which may include utilities where necessary and from which motor and engine propelled vehicles are excluded.
WAREHOUSE, DISTRIBUTION CENTER: A building or premises storing goods, merchandise or equipment, with multiple, daily semi truck deliveries and distributions contributing to the main function of the facility.
WAREHOUSE, STORAGE: A building or premises in which goods, merchandise or equipment are stored either in support of and accessory to the main function of the principal facility or in such building which exists as a long term storage facility for private or public use.
WATERWAY: A natural or manmade drainage channel formed by the surface topography of the earth to transport flow of stormwater.
WHOLESALE SALES: Sale to retailers for resale and not for direct consumption.
YARD: An open, unoccupied space on a lot, other than a court, which is unobstructed from the ground upward by buildings or structures, except as otherwise provided in this title.
YARD, FRONT: A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and any building, measured perpendicular to the building at the closest point to the front lot line. On a corner lot, each yard that abuts a street right-of-way shall be considered a front yard.
YARD, REAR: A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and any building, measured perpendicular to the building at the closest point to the rear lot line.
YARD, SIDE: An open, unoccupied space on the same lot with the building and measured from between the building line to the side lot line.
YARD, TRANSITIONAL: The required front, side, or rear yard, between a business or manufacturing district and a residential district.
ZERO LOT LINE DEVELOPMENT: Single-family dwellings arranged on individual lots as either detached structures with one or more side walls on a side property line.
ZONING APPEAL: An appeal filed by an individual who has applied to the Code Enforcement Officer for a zoning permit and who has been turned down for noncompliance with the requirements of this title.
ZONING DISTRICT: A geographic area in which the designation of this title sets forth requirements dealing with all uses that may be conducted therein.
ZONING MAP: The graphic depiction of the zones or districts within the Village incorporated into this title as a part hereof.
ZONING OFFICER: See definition of Code Enforcement Officer.
ZONING PERMIT: A permit issued by the Code Enforcement Officer showing that the plans submitted are in compliance with this title and that the use or structure proposed is allowed by this title or has been allowed by the granting of a variance by the Planning Commission.
ZONING REGULATIONS: The division of land within the jurisdiction of a local unit of government and the designation of permitted uses of land within those divisions. Zoning regulations permit the lawful restraint of the right of use of real property. They define residential, commercial, industrial, and other uses; number of occupants; and height, coverage, and location of buildings. A set of administrative procedures is included in zoning regulations. (Ord. O-9-17-3, 9-18-2017)
Notes
| 1 | 1. See chapter 4 of this title. |